Contest Rules
“SXS x UTV Invasion Sweepstakes”
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A
PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID
WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR ENTRY
IN THE UNITED STATES AND CANADA (EXCLUDING QUEBEC) ONLY AND WILL BY EACH
COUNTRY’S APPLICABLE LAWS. Names, logos, and/or materials associated with prize descriptions are
used for purposes of promotion and/or prize descriptions only and such use is
not intended to suggest or imply Sponsorsship or endorsement of this
Sweepstakes.
SPONSORS: SXSBlog, LLC, c/o Shinners & Cook, P.C.,
4320 E Ashman Street, Midland, Midland, MI 48642 (the “Sponsor”) and UTV
Invasion, LLC, PO Box 278, Rigby, ID 83442 (the “Co-Sponsor”). For purposes of these Official Rules, the
Sponsor and Co-Sponsor will collectively be referred to as “Sponsors”.
DATES: The “SXS x UTV
Invasion Sweepstakes” (the “Sweepstakes”) begins at 12:00 a.m. Eastern Time
(“ET”) on May 18, 2023 and ends at 11:59 p.m. ET on September 25, 2023 (the
“Sweepstakes Period”). For purposes of these Official Rules, all times are
given in ET. The date and time stamp from the Website (defined below) will be
the official time keeping device for this Sweepstakes.
ELIGIBILITY: The
Sweepstakes is open to permanent legal residents of the forty-eight (48)
contiguous United States and the District of Columbia (collectively
the “United States” or “US”) and permanent legal residents of Canada (excluding
residents of Quebec) who are eighteen (18) years of age or older (or the
age of majority in their province/territory or state of residence) (whichever
is higher) at the time of entry (each, an “Entrant”). US RESIDENTS ONLY:
If a US Entrant is selected as the potential grand prize winner( “Grand Prize
Winner”), he/she must have a unique, personal and valid social security number
for Sponsors (defined below) to report the tax liability associated with
acceptance of the grand prize (“Grand Prize”). If a Grand Prize-winning
Entrant is a resident of Canada, he/she will not be required to submit a social
security number; however he/she must complete a form W8-BEN for Sponsors to
report the winnings as required by the Internal Revenue Service (“IRS”). Valid
social security numbers (US Entrants only) will be determined by IRS
requirements as further defined in the “PRIZE CLAIMS” section of these Official
Rules. Additionally, as a condition of receiving a prize, a potential Grand Prize-winning
Entrant from Canada must first correctly answer a “Skill Testing Question” as
further described in the “PRIZE CLAIMS” section of these Official Rules. Employees and their immediate family members (parents, children,
siblings or spouse, regardless of where they live, or persons living in the
same household, whether related or not) of Sponsors, and each of its respective
parent companies, divisions, affiliates, subsidiaries, distributors, advertising
and agencies, and any others engaged in the development, production, execution
or distribution of this Sweepstakes, including but not limited to National
Sweepstakes Company, LLC (the “Independent Administrator”) (all of the
aforementioned collectively referred to as the “Sweepstakes Entities”), are not
eligible to participate. The Sweepstakes is subject to all federal, provincial/territorial, state, and local laws and
regulations and is void outside the forty-eight (48) contiguous United States
and the District of Columbia, Canada (outside of Quebec) and wherever else restricted or prohibited by law. By entering this
Sweepstakes, Entrants indicate their full and unconditional agreement to, and
acceptance of, these Official Rules and the decisions of the Sponsors and/or
Independent Administrator, which are final and binding in all respects. Winning
the Grand Prize is contingent upon fulfilling all requirements set forth
herein.
HOW TO ENTER: There are two (2) ways to receive entry into the Sweepstakes; (a) via
product purchase (“Purchase”); or (b) by mail, without making a Purchase (the
“Alternate Method of Entry” or “AMOE”). Entrants may enter via either of the
entry methods listed below, solely or in combination. Regardless of the entry
method(s) used to obtain entry into this Sweepstakes, there is a total limit of
five hundred (500) entries per person for the entire Sweepstakes Period. Entry
instructions are below:
Upon completing your Purchase and
receiving your Purchase confirmation, you will receive entry into the
Sweepstakes as follows:
Regardless of the number of transactions
made during the Sweepstakes Period, there is a total limit of five hundred (500)
entries per person for this Sweepstakes. Entrants may achieve the maximum
number of entries via multiple Purchase transactions, the AMOE, or a
combination of the two (2) entry methods. Any attempt to obtain entries by
purchasing and returning product will void all the Entrants entries and result
in disqualification from this Sweepstakes.
Alternate Method of Entry (AMOE): To enter the Sweepstakes without making a Purchase, Entrants may
enter for free, by mail as follows:
On a 3” x 5” card, legibly handprint or type your first name, last
name, address, city/province, state/territory, zip/postal code, telephone
number (including area code), date of birth and email address. Mail your
completed 3” x 5” card in an envelope to: “SXS x UTV Invasion Sweepstakes”,
PO Box 278, Rigby, ID 83442. Residents of Canada may omit postage.
Entrants will receive entries as follows
Mail entries
must be postmarked no later than September 25, 2023 and received by October 2,
2023 to be considered eligible. Entrants may submit a maximum of twenty-five (25)
individual envelopes to receive the maximum entry limit of five hundred (500)
via the AMOE entry method. Multiple entries submitted by a single Entrant in
the same envelope or exceeding the entry limit above will not be considered
eligible. Entries submitted or completed by anyone other than the Entrant are
void. No mechanical reproductions will be accepted. Sponsors will not verify receipt of entries
for Entries. All entries submitted by
mail become the sole property of the Sponsors and will not be returned. Sponsors
are not responsible for lost, late, misdirected, illegible, or damaged mailed
entries.
In the event an Entrant enters the Sweepstakes via
a combination of Purchase and the AMOE, the maximum number of entries he/she
will be allowed is five hundred (500), even if the total number of entries
submitted exceeds five hundred (500). In the event of a
dispute regarding the identity of the person who submitted an online entry, the
entry will be deemed submitted by the Authorized Account Holder (defined below)
of the e-mail address connected with the email account from which the Purchase
was sent. “Authorized Account Holder” is defined as the natural person who is
assigned to an e-mail address by the Internet access provider, online service
provider, or other organization (e.g., business, educational institution, etc.)
that is responsible for assigning e-mail addresses for the domain associated
with the submitted e-mail address. An Entrant may be requested to provide Sponsors
with proof that the Entrant is the Authorized Account Holder of the email
address associated with the entry. Any attempt by any Entrant to enter this
Sweepstakes using multiple/different accounts or any other methods may void the
Entrant’s entries and may result in disqualification, at the sole discretion of
Sponsors. Use of any automated system to participate in the Sweepstakes is
prohibited and may result in disqualification. The Sweepstakes Entities are not
responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors,
omissions, interruptions, deletions, defects, delays in operation or
transmissions or any other reason, theft or destruction or failures, faulty
transmissions or other telecommunication malfunctions, entries not received
resulting from any hardware or software failures of any kind, lost or
unavailable network connections, failed, incomplete or garbled computer or
telephone transmissions, typographical or system errors and failures, technical
malfunctions, or otherwise. Late entries or entries sent via any other method
than those stated above will not be accepted.
WINNING/NOTIFICATION: On or about October 3, 2023, one
(1) Grand Prize Winner will be selected from among all eligible entries
received during the Sweepstakes Period. The random drawing will be conducted by
the Independent Administrator whose decisions are based upon their sole
discretion and interpretation of these Official Rules and are final and binding
in all respects. Odds of being selected as the Grand Prize Winner are dependent
upon the total number of entries received during the Sweepstakes Period. The
potential Grand Prize Winner will be notified by the Sponsors via email within
one (1) to three (3) business days from the date in which the random drawing
takes place. Grand Prize Winner will be
required to complete Required Documents as further described in the “PRIZE
CLAIMS” section below. A potential Grand Prize Winner from Canada will also be
required to complete a Skills Testing Question as further described in the
“PRIZE CLAIMS” section below. Sponsors will only make two (2) attempts to reach
a potential Grand Prize Winner via email within a seventy-two (72) hour time-period.
In the event the Sponsors cannot reach a potential Grand Prize Winner after two
(2) attempts have been made, the original potential Grand Prize Winner will be
disqualified and an alternate Grand Prize Winner (selected randomly as outlined
above) will be notified until one (1) Grand Prize Winner is confirmed.
PRIZE CLAIMS: Except where prohibited, the potential Grand Prize
Winner will be required to complete, execute and return an Affidavit of
Eligibility, Liability and Publicity Release (the “Release”, which must be
notarized for US resident winners) and an IRS Form W-9 (“W-9 Form” for US
Residents) or IRS Form W8-BEN (“W8-BEN Form” for Canadian Residents) and any
other documents required by Sponsors, including the Skill Testing Question
discussed below (collectively, the “Required Documents”) within seven (7) days
or less from receipt of Notification from the Independent Administrator by
email. Additionally, as a condition of receiving any prize, Canadian residents
must first correctly answer, without assistance of any kind, whether mechanical
or otherwise, a mathematical Skill Testing Question, which will be administered
by email. If a potential Grand Prize Winner fails to return the Required
Documents within the time-period required, or if the email is returned as
undeliverable, such potential Grand Prize Winner forfeits his/her right to the Grand
Prize and an alternate will be notified as outlined in the “WINNING/NOTIFICATION”
section above, even if the disqualified potential Grand Prize Winner’s name may
have been publicly announced. Potential Grand Prize Winner must report income to the IRS (US residents
only). In the event it is deemed during
the verification process that a potential Grand Prize Winner does
not have a unique, personal and valid social security number for Sponsors to
report the tax liability associated with acceptance of the Grand Prize (US
residents only), such potential Grand Prize Winner will be disqualified, and an
alternate will be notified as outlined above.
Valid social security numbers will be determined by IRS requirements. If
it is determined by the Sponsors, in its sole discretion, that a potential
Grand Prize Winner is not eligible or otherwise not in compliance with these
Official Rules, such potential Grand Prize Winner forfeits his/her right to the
Grand Prize and an alternate will be notified as outlined in the “WINNING/NOTIFICATION”
section above, even if the disqualified potential Grand Prize Winner’s name may
have been publicly announced. In the event a potential Grand Prize Winner is
disqualified for any reason, Sponsors/Independent Administrator shall have no
liability or obligation to such individual. Acceptance of a Grand Prize
constitutes Grand Prize Winner’s permission for Sponsors and its designees to
use Grand Prize Winner’s name, photograph, likeness, voice, biographical
information, statements of address (city and state or province/territory) for
advertising and/or publicity purposes worldwide and in all forms of media now
known or hereafter developed, in perpetuity, without further compensation.
PRIZES: One (1) Grand Prize will be awarded in
this Sweepstakes. The total approximate retail value (the “ARV”) of the Grand
Prize is $40,000USD/$54,521.60CAD. The Grand Prize
Winner will receive one (1) 2021 Canam x3 Max Turbo R with eight hundred and
seventy five (875) miles ( “Vehicle”).
Grand Prize
Winner must have and provide all the necessary license and permits to legally
drive the Grand Prize in his/her state/province/territory of residence, along
with proof of existing Insurance Coverage (if and as required by his/her state/province/territory
of residence) at time of delivery. Each Grand Prize Winner is required to
comply with all applicable federal, provincial/territorial, state and local
laws, rules and regulations, including but not limited to licensing and
insurance requirements. The sales tax, title and licensing of the Grand Prize
(if applicable) is the sole responsibility of the Grand Prize Winner. Each Grand
Prize Winner will be solely responsible for any applicable registration, and
insurance fees and any other expenses not listed herein related to receipt,
possession, acceptance and use of the Grand Prize. Delivery: Sponsors
shall use all reasonable efforts, subject to availability, to award the Grand
Prize within ninety (90) days each Grand Prize Winner is determined. Grand
Prize shall be delivered to a mutually agreed upon location within ninety (90)
miles from the Grand Prize Winner’s permanent legal residence at the Sponsor’s
sole cost. The Grand Prize Winner shall bear all risk of loss or damage to the Grand
Prize after it has been delivered to the specified delivery site. The Grand
Prize Winner must personally retrieve the Grand Prize within thirty (30) days
of written notification of delivery and must present adequate personal
identification and evidence of legally required insurance (if applicable in
his/her state/province/territory of residence), or the Grand Prize will be
forfeited without compensation of any kind, and an alternate Grand Prize Winner
will be randomly selected from among all remaining non-winning eligible entries
received as outlined in the “WINNING/NOTIFICATION” section above. The Grand
Prize will be delivered solely with the express written limited warranties set
forth in the Grand Prize’s applicable Owner’s Guides, which warranties shall
run for the term set forth in said guide. The depiction of the Grand Prize in
any advertising or promotional materials or physical display may not reflect
the actual Grand Prize delivered to the Grand Prize Winner. Any difference
between the stated ARV of the Grand Prize and the actual value of the Grand
Prize will not be awarded.
No more than one (1) Grand Prize will be awarded. Any and
all Prize-related expenses, including without limitation any and all federal, provincial/territorial,
state, and/or local taxes shall be the sole responsibility of the Grand Prize
Winner. The Grand Prize consists only of the items listed herein. Sponsors
makes no representations or warranties with respect to the potential benefits
or outcomes to any prize winner with respect to the Grand Prize. GRAND PRIZE IS
AWARDED “AS IS” AND SPONSORS DO NOT MAKE (AND ARE NOT RESPONSIBLE FOR) ANY
REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN
FACT OR IN LAW, RELATING TO THE GRAND PRIZE, AND ALL SUCH WARRANTIES ARE HEREBY
DISCLAIMED.
Grand Prize Winner may not assign or transfer the Grand
Prize to another person. No Prize substitution, exchanges, redemptions,
transfers or changes are allowed, except at the sole and absolute discretion of
Sponsors. Non-cash Prizes cannot be substituted or redeemed for cash. Grand
Prize is subject to availability and subject to change. If Grand Prize cannot
be awarded due to circumstances beyond the control of Sponsors, a substitute
prize may be awarded; provided, however, that if Grand Prize is
awarded but unclaimed/forfeited by Grand Prize Winner, such Grand Prize may not
be re-awarded, in Sponsor’s sole and absolute discretion. Grand Prize should
only be redeemed and accepted by the applicable prize winner. Grand Prize will
only be awarded if properly claimed according to these Official Rules. Other
restrictions may apply. All taxes, fees
and surcharges related to the Grand Prize, if any, are the sole responsibility
of the Grand Prize Winner and may be subject to applicable withholding.
GENERAL RULES OF PARTICIPATION: By
participating in this Sweepstakes, Entrants and Grand Prize Winner [a] release
each and all of the Sweepstakes Entities, from any and all liability, damages
or causes of action (however named or
described) with respect to or
arising out of participation in
the Sweepstakes, and/or the receipt or use/misuse of the Grand Prize awarded,
including, without limitation, liability for personal injury, death or property
damage; and [b] agree to be bound by these Official Rules and the decisions of
the Sponsors/Independent Administrator, which are final in all respects and not
subject to appeal. Sponsors reserve the right permanently to disqualify from
this Sweepstakes any Entrant or Grand Prize Winner it believes has violated
these Official Rules. Sponsors may prohibit an Entrant from participating in
the Sweepstakes or winning a Grand Prize if, in its sole discretion, it
determines that said Entrant is attempting to undermine the legitimate
operation of the Sweepstakes by cheating, hacking, deception, or other unfair
playing practices or intending to annoy, abuse, threaten or harass any other
Entrants, Sponsors, or Sweepstakes Entities.
If for any reason this Sweepstakes is not able to be conducted as
planned, including, but not limited to, by reason of infection by computer
virus, bugs, tampering, unauthorized intervention, fraud or any other causes
beyond the reasonable control of Sponsors which corrupt or affect the
administration, security, fairness, integrity or proper conduct of the
Sweepstakes, then Sponsors reserve the right at its sole discretion to cancel,
terminate, modify or suspend the Sweepstakes and selected a Grand Prize Winner
based on the entries received up to the cancellation, modification,
termination, or suspension date. Notification of such action will be provided
on the Website. To the fullest extent permitted by law, Entrants covenant not
to sue any Sweepstakes Entity or cause them to be sued regarding any matter
released above; and further covenant not to disaffirm, limit or rescind any releases.
A waiver by one or more of the Sweepstakes Entities of any term in these
Official Rules does not constitute a waiver of any other provision. CAUTION: ANY ATTEMPT BY A PERSON TO
DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES
MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE
MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING
ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW,
INCLUDING CRIMINAL PROSECUTION. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE
OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
NO LIABILITY: By
participating, Entrants and Grand Prize Winner agree to release, discharge,
indemnify and hold harmless the Sponsors,
and
the Sweepstakes Entities,
and each of
their respective officers, directors, employees, representatives and
agents from and against any claims made by the Grand Prize Winner, Entrants, or
any other third parties, related in any way to the operation of this
Sweepstakes as well as any other claims, damages or liability due to any
injuries, damages or losses to any person (including death) or property of any
kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or
use of a Grand Prize; participation in any Sweepstakes-related activity; or
participation in this Sweepstakes.
GOVERNING LAW AND VENUE: Any dispute
arising under these Rules or this Sweepstakes will be arbitrated by, and under
the rules of, J.A.M.S. in binding arbitration in Suffolk County, New York, and
before a mutually selected arbitrator experienced in the United States
television and internet entertainment industry. Each of Entrant and Sponsors
also agrees to give up the right to have claims heard by a jury and the ability
to seek to represent, in a class action or otherwise, anyone but each of you
and Sponsors. The only exceptions to this are that (a) each of you and Sponsors
retain the right to sue in small claims court; and (b) each of you and Sponsors
may bring suit in court against the other to enjoin infringement or other
misuse of intellectual property rights.
These Official Rules will be deemed negotiated and entered into
and will be construed in accordance with the laws of the State of New York, the
United States and Canada (Canada residents only) applicable to agreements which
are negotiated, signed and performed within such state/territory. All actions,
proceedings or litigation arising out of these Rules will be instituted and
prosecuted solely within the State of New York. You hereby consent to the
jurisdiction of the state courts of New York and the federal courts located in
the County of Suffolk as to any matter arising out of or relating to these
Official Rules, and agree that Suffolk County, New York is a convenient forum.
Except with respect to Disputes to be resolved through an
arbitration process in accordance with the Arbitration Agreement contained
above, you and Sponsors agree to submit to the exclusive jurisdiction of the
courts located in Suffolk County, New York, to resolve any Dispute arising out
of these Official Rules or services or products provided by Sponsors. YOU
HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO
A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING ANY CLAIMS,
COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN
CONNECTION WITH THESE RULES.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF
OR RELATED TO THESE OFFICIAL RULES, THE SITE OR SPONSORS SERVICES MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH
PERIOD, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
PRIVACY: The collection of
personal information provided in connection with this Sweepstakes will be used
solely for the purposes of; (a) administering this Sweepstakes; and (b)
providing future marketing materials regarding Sponsor’s product and services
to Entrants via email and other marketing methods. Entrants may opt out of the receipt of future
marketing materials at any time by following the instructions found in the
marketing material(s) received. Entrant information will not be sold to third
parties or used in any other fashion other than what has been described herein. This
section does not limit any other consent(s) that an individual may provide the Sponsors
or others in relation to the collection, use and/or disclosure of their
personal information.
WINNER’S LIST REQUEST: For the name of the Grand Prize Winner or a copy of these Official
Rules, please submit a self-addressed, stamped envelope (residents of Canada
may omit postage) by November 30, 2023 to “SXS x UTV Invasion Sweepstakes”, PO Box 458, Newark, NY, 14513.