AMERICAN RESTO MUSCLE SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The American Resto Muscle Sweepstakes (“Sweepstakes”) is sponsored by ITG Brands, LLC, 714 Green Valley Road, Greensboro, NC 27408 (“ITG”) and Motor Trend Group, LLC, 831 S. Douglas Street El Segundo, CA 90245 (Motor Trend), (collectively, “Sponsors”), and is administered by Arrowhead Promotion & Fulfillment Co., Inc., (“Administrator”), 1105 SE 8th Street, Grand Rapids, MN 55744.
1. SWEEPSTAKES TIMING: The Sweepstakes begins on May 2, 2022 at 12:00 PM Eastern Time (“ET”) and ends on June 30, 2022 at 11:59:59 PM ET (“Sweepstakes Entry Period”). The Administrator’s computer is the official clock for this Sweepstakes.
2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the 48 Contiguous United States (excluding residents of Alaska, hawaii, Massachusetts, Michigan, and Virginia) and the District of Columbia who are smokers twenty-one (21) years of age or older and registered members of winstoncigarettes.com/HOTROD (the “Website”). NO PURCHASE IS NECESSARY TO REGISTER ON THE WEBSITE; FOR INSTRUCTIONS ON HOW TO REGISTER, SEE SECTION 3 BELOW. Employees, officers, directors, representatives, and agents of Sponsors, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All applicable federal, state and local laws and regulations apply. VOID IN ALASKA, HAWAII, MASSACHUSETTS, MICHIGAN, VIRGINIA, AND WHERE PROHIBITED OR RESTRICTED BY LAW.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. All entries become the sole and exclusive property of the Sponsors and receipt of entries will not be acknowledged or returned. For purposes of the Sweepstakes, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address.
3. HOW TO ENTER THE SWEEPSTAKES: There are two (2) ways to enter the Sweepstakes:
Mail-in entries must be legibly hand-written by entrant. Sponsors are not responsible for lost, late, misdirected, incomplete, stolen, damaged, illegible, or postage-due entries or mail; no copies or mechanical reproductions of mail-in entries will be accepted. Mail-in entries sent in excess of the entry limits set forth below will not be accepted. Mail-in entries received without a verifiable and legible return address will be deemed incomplete and not valid entries.
Regardless of the method used to enter the Sweepstakes, an Eligible Entrant is limited to receiving a total of one (1) Sweepstakes entry during the Sweepstakes Entry Period. If more than one (1) entry is received from the same entrant, telephone number and/or e-mail address during the Sweepstakes Entry Period, the entries may, at the Sponsors’ sole discretion, be disqualified.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS SWEEPSTAKES ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS SWEEPSTAKES. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES.
4. RANDOM DRAWING: On or about July 13, 2022, Administrator will randomly select one (1) potential winner from among all eligible entries received in the Sweepstakes Entry Period. The winner is deemed to be a potential winner, pending verification of the entrant’s eligibility and compliance with these Official Rules as determined by Sponsors or Administrator, at their sole and absolute discretion. The potential winner will be notified by U.S. Mail, phone or email on or about July 15, 2022.
5. PRIZE, APPROXIMATE RETAIL VALUE ("ARV"), AND ODDS OF WINNING:
Sweepstakes Prize: One (1) Grand Prize (the “Prize”) which consists of a 1966 Ford® Mustang automobile (“Vehicle”); the Approximate Retail Value (“ARV”) is $30,000. Sponsors will also award a cash payment of $12,000 in the form of a check made payable to the Grand Prize winner (“Winner”) to assist with Vehicle warranty purchase (where available on qualifying vehicles, to be determined by third party vintage vehicle warranty provider) and to help offset the burden of taxes associated with winning this Prize. The difference in value as stated herein and value at time of prize notification, if any, will not be awarded in cash or otherwise. The Vehicle specifications will be determined by Sponsors, at their sole discretion. The actual Vehicle awarded may not be exactly as pictured in the Sweepstakes materials. The Winner will be solely responsible for any additional features, upgrades or options to the Vehicle. The Winner must be a licensed driver and must present a current valid U.S. driver license and proof of insurance prior to taking possession of the Vehicle, failure to show same may result in Prize forfeiture and selection of an alternate potential winner. Motor Trend will transfer title of the Vehicle to the Winner upon acceptance of delivery of the Vehicle, which must take place no later than forty-five (45) days after Winner verification. Motor Trend will deliver the Vehicle at a Murphy USA or Murphy Express gas station location in close proximity to the Winner’s residence or directly to the Winner’s residence, whichever location is mutually agreed upon by the Winner and Sponsors, or the Prize may, at Sponsors’ sole discretion, be forfeited. No other delivery option will be available. Upon accepting delivery and transfer of title of the Vehicle, the Winner hereby acknowledges and agrees that neither Sponsors nor any other person associated with the distribution, development and execution of this Sweepstakes and the Vehicle, or any of their respective affiliates, parent companies, subsidiaries, directors, officers, employees, and agents makes any warranties, representations or guarantees, express or implied, in fact or in law, relative to the use or enjoyment of the Vehicle, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, or the actual fair market value of the Vehicle. By accepting delivery and transfer of title, the Winner is accepting the Vehicle “as is.”
ARV: The total ARV of the Prize is $42,000. Upon accepting delivery and transfer of title to the Vehicle, the Winner hereby acknowledges and decrees that the ARV is $42,000 and agrees not to challenge the ARV for any reason.
Odds: The odds of winning the Prize depend on the number of eligible Sweepstakes entries received during the Sweepstakes Entry Period.
6. HOW TO CLAIM THE PRIZE: The potential winner is subject to age verification and confirmation that he or she meets the eligibility criteria set forth in Section 2 above. The Sponsors or their authorized designee will notify the potential winner by U.S. Mail, phone or email on or about July 15, 2022. Before being declared the Winner, the potential winner will be required to execute and return an Affidavit of Eligibility and Liability Release and (where lawful) a Publicity Release and submit a copy of a valid government-issued photo identification document within ten (10) business days after prize notification in order to claim the Prize. If the potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept the Prize, or in the event that the potential winner fails to return an executed and notarized Affidavit within the stated time period, the Prize may be forfeited, and in the Sponsors’ sole discretion, the forfeited Prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries, as determined by Sponsors in their sole discretion. Sponsors are not responsible for any change of email address, mailing address, and/or telephone number of Eligible Entrants rendering Sponsors unable to reach any potential winner. If, after a good-faith attempt, Sponsors are unable to award or deliver the Prize, the Prize may not be re-awarded.
THE WINNER WILL BE ISSUED A FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE PRIZE AND MUST SUBMIT HIS OR HER SOCIAL SECURITY NUMBER, AS REQUIRED BY LAW. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER.
Sponsors will attempt to notify the potential winner as set forth above, but Sponsors are not responsible for any undelivered emails, including without limitation emails that are not received because of the potential winner’s privacy or spam filter settings which may divert any Sweepstakes email, including any winner notification email, to a spam or junk folder. The Prize is non-assignable and non-transferable, and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsors, who reserve the right to substitute the Prize, or portion thereof, of equal or greater value in case of unavailability of the Prize or force majeure, at Sponsors’ sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the Winner’s responsibility. Sponsors or Administrator will contact the Winner to arrange prize fulfillment details. Sweepstakes Entities shall not be held responsible for any delays in awarding the Prize for any reason.
7. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable email/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes or Sweepstakes entries; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting the Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.
By entering the Sweepstakes, each Eligible Entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to indemnify, release and hold harmless each of the Released Parties from any and all claims; lawsuits; judgments; causes of action; proceedings; demands; fines; penalties; liability for any damages, injuries or losses of any kind to person(s), including death, or property; costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by an entrant or the Released Parties.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsors reserve the right, at their sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner they deem fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winner. If, for any reason, including but not limited to, an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than the one (1) intended prize to be awarded according to these Official Rules, the intended prize will be awarded in a random drawing from among all verified prize claims received.
Without limiting the foregoing, everything regarding this Sweepstakes, including the Prize, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement or the actual fair market value for the Vehicle.
8. DISPUTES: IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NORTH CAROLINA. THE ARBITRATOR SHALL APPLY NORTH CAROLINA LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT AND APPLICABLE STATUTES OF LIMITATIONS, AND SHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN GUILFORD COUNTY, NORTH CAROLINA. IF ANY PART OF THIS ARBITRATION PROVISION IS DEEMED TO BE INVALID, UNENFORCEABLE, OR ILLEGAL (OTHER THAN THAT CLAIMS WILL NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS), OR OTHERWISE CONFLICTS WITH THE RULES AND PROCEDURES ESTABLISHED BY JAMS, THEN THE BALANCE OF THIS ARBITRATION PROVISION SHALL REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID, UNENFORCEABLE, OR ILLEGAL OR CONFLICTING PROVISION WERE NOT CONTAINED HEREIN. IF, HOWEVER, THE PORTION THAT IS DEEMED INVALID, UNENFORCEABLE, OR ILLEGAL IS THAT CLAIMS WILL NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID, AND NEITHER CLAIMANT NOR SPONSORS SHALL BE ENTITLED TO ARBITRATE THEIR DISPUTE. UPON FILING A DEMAND FOR ARBITRATION, ALL PARTIES TO SUCH ARBITRATION SHALL HAVE THE RIGHT OF DISCOVERY, WHICH DISCOVERY SHALL BE COMPLETED WITHIN SIXTY (60) DAYS AFTER THE DEMAND FOR ARBITRATION IS MADE, UNLESS FURTHER EXTENDED BY MUTUAL AGREEMENT OF THE PARTIES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROGRAM ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROGRAM PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
9. GOVERNING LAW & JURISDICTION: The Sweepstakes Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the printing, construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and the Sponsors in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of North Carolina or any other jurisdiction that would cause the application of the laws of any jurisdiction other than the State of North Carolina), and any matters or proceedings which are not subject to arbitration as set forth in Section 8 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the state of North Carolina, in the City of Greensboro.
11. PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting the Prize, each Eligible Entrant agrees to allow the Sponsors and/or the Sponsors' designee the perpetual right to use his/her name, address (city and state), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Sweepstakes and/or Sponsors for promotion, trade, commercial, advertising and publicity purposes, at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval, or additional compensation, unless prohibited by law, in all media now known or hereafter discovered, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
12. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsors and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has entered or attempted to enter more than the allowable number of times as set forth in Section 3 by using multiple phone numbers, email addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded the prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Eligible Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsors or Administrator. In the event of a dispute as to the identity of the Winner, the winning entry will be declared made by the authorized account holder of the email address submitted on the registration form associated with such entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each Eligible Entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsors and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, print advertising, digital advertising, and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
13. WINNER'S NAME: For the name of the Winner, interested individuals should mail a self-addressed stamped business envelope to: Winner’s Name, American Resto Muscle Sweepstakes, P.O. Box 8077, Dept. S8510, Grand Rapids, MN 55745-8077. Requests for Winner’s name must be received no later than August 31, 2022.
Ford Motor Company (i) will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or the award of the Prize and (ii) have not offered or sponsored this Sweepstakes in any way.
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