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Please read these Rules carefully. By participating in the Sweepstakes and/or submitting your Entry, you are indicating that you have read, understood and fully agree to these Rules.
PROMOTION PERIOD: “2007 BMW 335i Giveaway” Sweepstakes entries will be accepted online starting at 12:00AM Pacific Standard Time (PST) on October 1, 2020 and ending 11:59PM Pacific Standard Time (PST) on November 30, 2020 (the “Promotion Period”).
1. Eligibility: Open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. Also open to legal residents of Canada (excluding Quebec) who are 18 years of age or older at the time of entry. Void where prohibited or restricted by law. Employees of Throtl Inc. (the “Sponsor”), subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes (with the exclusion of throtl Brand Ambassadors). The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
2. How to Enter: There are three ways to enter:
3. Entry Requirements: By submitting an entry, you represent and warrant that your entry conforms to the following requirements:
4. Prizes: The Winner(s) of the Sweepstake (the “Winner”) will receive the 2007 BMW 335i (VIN #WBAWB73577PV80818): The interior and exterior color and condition displayed in the videos/photos may differ. The winner must possess automobile insurance prior to receiving the prize. No cash or other prize substitution shall be permitted except at the Sponsor’s discretion. Any costs associated with registration, taxes and licensing of the automobile are the sole responsibility of the Winner. No substitution or transfer of prize will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute a prize with another prize of equal or greater value. This vehicle has no warranty. All other expenses associated with prize acceptance not mentioned herein are the sole responsibility of the Winner. Acceptance of prize constitutes permission for the Sponsor to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
NOTE #1: Prize car might not pass emissions testing in certain states. Winner is responsible for reviewing standards for operation of a vehicle in their state before accepting prize.
NOTE #2: Prize must be picked up from San Diego California within thirty (30) days of notification of availability from the sponsor.
NOTE #3: The Winner understands and agrees that the process will be videotaped/photographed. Rights to any prize ceremony video/photo belong solely to the Sponsor and can be used in any media at their sole discretion.
The Approximate Retail Value (“ARV”) of the 2007 BMW 335i is $15,000. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor.
5. Odds: The odds of winning depend on the number of eligible entries received.
6. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of Sponsor on or about December 7, 2020. Winner will be notified by phone within five (5) calendar days following selection of Winner. Sponsor shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within five (5) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. Entries that fail to meet the Eligibility and the Entry Requirements by the end of the Promotion Period will be deemed incomplete and, at the discretion of Sponsor, may be disqualified. If a potential winner is a U.S. citizen, he/she must sign and return an IRS W-9 form within the stated time in order to claim a prize.
7. Rights Granted by You: By entering this Sweepstakes, you understand and agree that Sponsor or anyone acting on behalf of Sponsor and Sponsor’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
8. Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstake should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstake rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law. Nothing contained herein shall constitute this Sweepstakes to be an arrangement for employment, a joint venture, or a partnership. In no way is a participant to be construed as the agent or to be acting as the agent of Sponsor in any respect. The value of the prize will be taxable to the winner as income. All federal, provincial, territorial, state and local taxes and any other costs and expenses associated with the acceptance and/or use of prizes not specifically provided for in these Official Rules are solely the winner’s responsibility. Winner is solely responsible for reporting and paying any and all applicable taxes. United States residents will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS. Please contact your own tax advisor for any questions concerning taxes.
9. Limitation of Liability: By entering, you agree to release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Sweepstake and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
10. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE USA AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances shall you be permitted to obtain awards for, and hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than your actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes). You further waive all rights to have damages multiplied or increased.
12. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Throtl Inc., 302 Washington Street #102, San Diego California, 92103. Requests must be received no later than 12/15/2020.
13. Administrator: Realtime Media LLC, 200 Four Falls Corporate Center, Suite 100, Conshohocken, PA 19428
14. Sponsor: The Sponsor of the Sweepstake is Throtl Inc., 302 Washington Street #102, San Diego California, 92103
This sweepstakes is no way sponsored or endorsed by BMW.