GIVEAWAY RULES
DriverNation®
"CURRENT DN GIVEAWAY" SWEEPSTAKES:
NISSAN 370Z
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN
THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES
OF WINNING. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED
BY, OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM, INCLUDING WITHOUT LIMITATION
FACEBOOK OR INSTAGRAM FROM META (“SOCIAL MEDIA PLATFORM(S)”).
THIS PROMOTION IS VALID ONLY IN THE 50 UNITED STATES, THE
DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC). VOID IN PUERTO RICO, QUEBEC
& WHERE PROHIBITED BY LAW.
The “DN GIVEAWAY 370Z” sweepstakes is intended for legal
residents of the United States of America (“USA”) or Canada and shall only be
construed and evaluated according to USA law, Canadian law, and applicable
state/province law. Do not enter this Sweepstakes if you are not a USA or Canada
resident or are otherwise ineligible to enter in accordance with these Official
Rules at the time of entry. By participating, Entrants agree to abide by and be
bound by these Official Rules and the decisions of the Sponsor, which are final
and binding in all matters relating to the Sweepstakes. Winning the Grand Prize
(as defined below) is contingent upon fulfilling all requirements set forth
herein. This sweepstakes is sponsored by DriverNation LLC, Five Greentree
Centre, 525 Route 73 N. STE 104, Marlton, Burlington County, NJ 08053.
ELIGIBILITY:
The Sweepstakes is open to legal residents of
the USA and Canada who are at least eighteen (18) years of age or have reached the age of
majority in their respective state of residence at the time of entry and have a valid driver's license (the
“Entrants”). The Sponsor, DriverNation LLC (the “Administrator”), their
respective parent companies, employees, officers, directors, subsidiaries,
affiliates, distributors, sales representatives and advertising and promotional
agencies, and the officers, directors, agents, and employees of each of the
foregoing (collectively, the ”Released Parties”), and members of their
immediate families (defined as including spouse, biological, adoptive and
step-parents, grandparents, siblings, children and grandchildren, and each of
their respective spouses, regardless of where they reside) or households
(whether related or not) of any of the above are NOT eligible to participate in
this Sweepstakes. Non-eligibility or non-compliance with any of these Official
Rules will result in disqualification. Void where prohibited or restricted by
law. (For the avoidance of doubt, any references in these Rules to Entrants
shall also include the Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES:
By participating, Entrants
agree to abide by and be bound by these Official Rules and the decisions of the
Sponsor, which are final and binding in all matters relating to the
Sweepstakes. Winning the Prize (as defined below) is contingent upon fulfilling
all requirements set forth herein.
HOW TO ENTER:
The Sweepstakes begins at 12:01 AM (EST)- NOVEMBER 11, 2024 and
ends at 11:59 PM (EST)- DECEMBER 27, 2024 (“Sweepstakes Period”). The Sponsor’s
database computer is the official time-keeping device for the Sweepstakes. Two
(2) methods of entry are as follows:
Online Purchase – During the Sweepstakes Period, Entrants
who make a purchase through the Sponsor’s online shop at www.DriverNation.us
(the “Website”) will automatically receive one (1) entry into the Sweepstakes
for each one (1) whole dollar spent. The number of entries received will be
based on the pre-tax amount of your eligible purchase excluding
shipping/handling charges, less any discounts.
Throughout the Promotion Period, the Sponsor may (but not
required) announce Bonus Entries on https://www.DriverNation.us and/or on its
social media pages providing opportunities to earn additional entries (“Bonus
Entry Periods”). As such, Entrants will receive multiple entries as designated
by the Sponsor’s Multiplier from time to time. Example: Earn (10X), (20X),
(30X), (50X) entries (Multiplier) for every $1.00 spent. Timing for an Entry
Multiplier offer will be determined solely by the Sponsor and will be announced
by the Sponsor on their Website (at https://www.DriverNation.us) and/or its
social media pages.
NOTE: ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS
SWEEPSTAKES IS STRICTLY PROHIBITED. IT
IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES WITH THE INTENT TO RETURN
THESE ITEMS AFTER THE SWEEPSTAKES ENDS.
IF THE SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR
ANY OTHER FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY
FURTHER SWEEPSTAKES OFFERED BY THE SPONSOR. To be valid, each entry must
provide all requested information. Proof of entry information at the Websites
is not considered proof of delivery to or receipt by Sponsor of an entry.
Entries made by any other individual or any entity, and/or originating at any
other website or email address, including, but not limited to, commercial
Sweepstakes subscription notification and/or entering service sites, will be
declared invalid and disqualified for this Sweepstakes. The use of automated
entry devices is prohibited, and no mechanically reproduced entries are
allowed; all such entries are void.
After an Entrant completes a purchase, they will be
offered with the following options to earn bonus entries:
-Instagram – Entrants can obtain five (5) entries by
following the Sponsor on Instagram through the Sponsor's respective social link. Limit five (5)
entries per Entrant through this bonus entry feature.
-TikTok – Entrants can obtain five (5) entries by
following the Sponsor on Tiktok through Sponsor's respective social link. Limit five (5)
entries per Entrant through this bonus entry feature.
-Facebook – Entrants can obtain five (5) entries by
liking the Sponsor’s Facebook page through Sponsor's respective social link. Limit five (5)
entries per Entrant through this bonus entry feature.
- YouTube – Entrants can obtain five (5) entries by
subscribing to Sponsor’s official YouTube channel through Sponsor's respective social link.
Limit five (5) entries per Entrant through this bonus entry feature.
-Refer a friend (Coming Soon): Entrants will also in the coming future have the opportunity to earn
bonus entries via the post-entry refer-a-friend feature. Entrants will be given
a unique URL address to share with their friends. For every friend [up to a
limit of five (5) people] that enter the Sweepstakes through the
unique URL, the original referrer will receive fifteen (15) bonus entries with 5
bonus entries rewarded to the referred individual. These rules may be amended before commencement of finalized program.
Via Mail - During the Sweepstakes Period, Entrants can
obtain Sweepstakes entries by legible hand-printing, on a 3”x 5” card or paper,
their full name, complete mailing address, phone number, date of birth, email
address, and a brief description (at least 25 words) on what winning the Prize
would mean to you, mailing the card in a #10 business-sized envelope, with
proper postage affixed to: DriverNation Sweepstakes, PO Box #1586 at 695 Washington St, Buffalo,
NY, 14203 (the “Mail-In Entry”). All entries must be postmarked DECEMBER 25, 2024 and received by DECEMBER 30, 2024. Each mail-in entry received with be worth one (1)
Sweepstake entry. **NOTE: Mail-in entry card and envelope must be hand-printed
by the Entrant only. In addition, Entrants are not permitted to use any 3rd
party organization to assist with the entry process in any way (as determined
by the Administrator). Each Envelope must be mailed individually. Bulk
shipments of entries will not be accepted.
The Released Parties are not responsible for late,
incomplete, delayed, undelivered, or misdirected entries. All entries become
the exclusive property of Sponsor and will not be acknowledged or returned
except as provided herein. By participating, you consent to Sponsor’s and its
agents’ use of your personal information for the administration of this
Sweepstakes. All information submitted by Entrants will be treated according to
Sponsor’s Privacy Policy, available at https://www.drivernation.us/pages/privacypolicy
entering the Sweepstakes and providing their email address and other contact
information, Entrants hereby agree to Sponsor’s collection and usage of their
personal information and acknowledge that they have read and accepted Sponsor’s
Privacy Policy.
GENERAL CONDITIONS:
If for any reason the operation or
administration of this Sweepstakes is impaired or incapable of running as
planned for any reason, including but not limited to (i) infection by computer
virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv)
technical failures, or (v) any other causes beyond the control of the Sponsor
which corrupt or affect the administration, security, fairness, integrity or
proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole
discretion, to disqualify any individual who tampers with the entry process,
and to cancel, terminate, modify or suspend the Sweepstakes in whole or in
part, at any time, without notice and award the Prize (defined below) using all
non-suspect eligible entries received as of, or after (if applicable) this
cancellation, termination, modification or suspension date, or in any manner
that is fair and equitable and best conforms to the spirit of these Official
Rules. Sponsor reserves the right, at its sole discretion, to disqualify any
individual deemed to be tampering or attempting to tamper with the entry
process or the operation of the Sweepstakes or Sponsor’s Website; or acting in
violation of these Official Rules or in an unsportsmanlike or disruptive
manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR
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.
Failure by the Sponsor to enforce any provision of these
Official Rules shall not constitute a waiver of that provision. In the event of
a dispute as to the identity of a Winner based on an email address, the winning
entry will be declared by the authorized account holder of the email address
associated with the registration in question. "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, etc.) that is
responsible for assigning email addresses for the domain associated with the
submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY:
By participating in
the Sweepstakes, Entrants agree to release and hold harmless the Released
Parties and Social Media Platforms from and against any claim or cause of
action arising out of participation in the Sweepstakes or receipt or use of any
Prize (defined below) including, but not limited to: (i) any technical errors
that may prevent an Entrant from submitting an entry; (ii) unauthorized human
intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the
administration of the Sweepstakes or the processing of entries; or (v) injury,
death, or damage to persons or property which may be caused, directly or
indirectly, in whole or in part, from Entrant’s participation in the
Sweepstakes or receipt of the Prize (defined below). Released Parties assume no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, entries. Released Parties are not
responsible for any problems or technical malfunction of any telephone network
or telephone lines, computer online systems, servers, or providers, computer
equipment, software, failure of any email or entry to be received by Sponsor on
account of technical problems, human error or traffic congestion on the
Internet or at any Website, or any combination thereof, including any injury or
damage to Entrant's or any other person's computer relating to or resulting
from participation in this Sweepstakes or downloading any materials in this
Sweepstakes. Entrants further agree that in any cause of action, the Released
Parties’ liability shall be limited to the cost of entering and participating
in the Sweepstakes, and in no event shall the Released Parties be liable for
attorney fees. Entrants waive the right to claim any damages whatsoever,
including, but not limited to, punitive, consequential, direct, or indirect
damages.
Except as expressly provided above, IN NO EVENT WILL
RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND
(INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE
ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE
ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold
harmless the Released Parties from any and all liability for any injuries,
death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS
BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may
arise from participating in this Sweepstakes or its related activities or the
acceptance, possession, use or misuse of, or any harm resulting from the
acceptance, possession, use or misuse of a Prize. Released Parties are not liable
in the event that any portion of the Sweepstakes is cancelled due to weather,
fire, strike, acts of war or terrorism, pandemic, or any other condition beyond
their control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER
SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE
OR TERRITORY OF THE USA, ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,
WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.”
DRAWING AND NOTIFICATION:
The potential Winner will be
selected in a random drawing conducted by the Administrator. The Prize drawing
will be conducted on or about DECEMBER 30, 2024. Odds
of winning the Prize will depend on the total number of eligible entries
received throughout the Sweepstakes Period. The potential Prize Winner will be
contacted by the Sponsor or Administrator via email and/or phone provided by
the entrant.
GRAND PRIZE:
There will be one (1) Grand Prize available.
The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of
eligibility, will receive a 2010 NISSAN 370Z SPORT TOURING with
approximately 102000 miles
(“Prize” or “Grand Prize”). Grand Prize ARV - $12,760 USD. The
value of the Prize set forth above represents Sponsor’s good faith
determinations of the ARV thereof and such determinations are final and binding
and cannot be appealed. If the actual value of the Prize is lower than the
stated ARV when the Prize is procured and fulfilled, then the difference will
not be awarded. All other expenses associated with Prize acceptance or usage
not specifically mentioned herein are the responsibility of the Winner. Prize
will be delivered to Winner “AS IS.” Any
upgrades or other options are at the sole expense of the Winner. The Winner
must have proof of a valid USA/Canadian driver’s license from his/her state or
province of residence to take delivery of vehicle; failure to show same may
result in Prize forfeiture and selection of an alternate Winner. The Winner
will be responsible for all optional equipment, title, license, insurance and
registration fees required in claiming the vehicle, applicable taxes, as well
as, all other expenses relating to the use of vehicle, including any travel and
transportation costs and importation costs (if applicable) associated with collecting the vehicle. The Winner must
transfer title officially with their state DMV within ten (10) days of
accepting the Prize unless otherwise advised. All other costs not specifically stated herein as being
awarded are the responsibility of the Winner. Winner may be required to show
proof of insurance prior to taking delivery and pick up vehicle as directed by
Sponsor. The Winner acknowledges that Sponsor has not made nor is in any manner
responsible for any warranty, representation, or guarantee, express or implied,
in fact or in law, relative to any prize offered in the Sweepstakes, including
but not limited to its quality, mechanical condition or fitness for a
particular purpose. Prize vehicle may not meet safety or emissions testing
required in some states/provinces and/or counties. The Winner is responsible to check
their state/county for applicable emissions requirements and safety inspection
requirements prior to accepting the Prize and must use the vehicle in
accordance with those regulations. No substitution or transfer of the Prize
will be permitted, except by the Sponsor, who reserves the right at its sole
discretion to substitute the Prize with another prize of equal or greater
value.
WINNER ACKNOWLEDGES THAT SPONSOR AND ADMINISTRATOR HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY COMPONENT OF THE PRIZE OFFERED IN THIS PROMOTION, INCLUDING BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE, AND THE PRIZE VEHICLE MAY NOT MEET SAFETY OR EMISSIONS TESTING REQUIRED IN SOME STATES, PROVINCES AND/OR COUNTIES/MUNICIPALITIES. WINNER IS RESPONSIBLE TO CHECK THEIR STATE/COUNTY/PROVINCE FOR APPLICABLE EMISSIONS REQUIREMENTS AND SAFETY INSPECTION REQUIREMENTS PRIOR TO ACCEPTING THE PRIZE AND MUST USE THE PRIZE IN ACCORDANCE WITH THOSE REGULATIONS.
ADDITIONAL RULES RELATED TO RESIDENTS OF CANADA:
If a potential Prize winner is a Canadian resident (excluding the Province of Quebec), by law, he/she must correctly answer, within a designated time period, a mathematical skill-testing question without the benefit of any calculating devices or any other help before the Prize will be awarded. If the potential winner cannot correctly answer the question within the given time limit, that person’s entry will be disqualified and no compensation will be given. An alternate potential winner will be randomly selected from all remaining eligible entries. If a winner is a resident of Canada, they will not receive compensation to cover expenses to claim the prize vehicle at Sponsor’s provided address. The Winner must have all the required travel documents (within the pick-up time frame).
ADDITIONAL PRIZE CONDITIONS:
By accepting the Prize, the
Winner agrees to release and hold harmless the Released Parties from and
against any claim or cause of action arising out of participation in the
Sweepstakes or receipt or use of the Prize. The potential Winner must sign and
return to the Administrator, within seven (7) days of the date of notice or
attempted notice is sent, an Affidavit of Eligibility, Liability &
Publicity Release in order to claim the Prize. Note: The Affidavit sent to a potential
Winner will require that the Winner provide their Social Security Number to the
Administrator, which will be used solely for tax reporting purposes. The Winner
will be responsible for all local, state, and federal taxes associated with the
receipt of the Prize. The Winner must note that the value of the Prize is
taxable as income and an IRS Form 1099 will be filed in the name of the Winner
for the value of the Prize. The Winner is solely responsible for all matters
relating to the Prize after it is awarded. If a Prize or Prize notification is
returned as unclaimed or undeliverable to the potential Winner, if a potential
Winner cannot be reached or does not comply with notification instructions
within three (3) days from the first notification attempt, if a potential
Winner fails to return requisite document(s) within the specified time period,
or if a potential Winner is not in compliance with these Official Rules, then
such person shall be disqualified and, at Sponsor’s sole discretion, an
alternate Winner may be selected.
By accepting the Prize, where permitted by law, the Winner
grants to the Released Parties and those acting pursuant to the authority of
Sponsor and the Released Parties (which grant will be confirmed in writing upon
Sponsor’s request), the right to print, publish, broadcast and use worldwide IN
ALL MEDIA without limitation at any time their full name, portrait, picture,
voice, likeness and/or biographical information for advertising, trade and
promotional purposes without further payment or additional consideration, and
without review, approval or notification. The Winner also acknowledges that
Released Parties have neither made nor are in any manner responsible or liable
for any warranty, representation, or guarantee, express or implied, in fact or
in law, relative to the Prize.
Winner MUST possess required travel documents (e.g., a government-issued ID, passport), as applicable. Winner will be responsible for all aspects of operating the automobile prize. Winner MUST have a valid driver’s license which permits operation of the prize vehicle in the winner’s state/province of residence and evidence of legally required insurance prior to taking delivery, and may be required to provide proof of such documentation, as well as taxpayer identification Numbers, prior to being confirmed as the winner.
DISPUTES:
All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules or the rights and obligations of Entrants, Administrator, and Sponsor in
connection with the Sweepstakes shall be governed by and construed in
accordance with the laws of the State of New Jersey, without giving effect to
any choice of law or conflict of law rules or provisions that would cause the
application of any other state’s or jurisdiction’s laws. By participating in the Sweepstakes, Entrant
agrees that: (i) any and all disputes, claims, and causes of action arising out
of or in connection with the Sweepstakes, shall be resolved individually
without resort to any form of class action; (ii) any judicial proceeding shall take
place in a federal or state court within the State of New Jersey; (iii) any and
all claims, judgments , and awards shall be limited to actual out-of-pocket
costs incurred, including costs associated with entering this Sweepstakes, but
in no event will attorney fees be awarded or recoverable; (iv) under no
circumstances will Entrant be permitted to obtain awards for, and Entrant
hereby waives all rights to seek, punitive, incidental, exemplary,
consequential, special damages, lost profits, other damages, and/or any rights
to have damages multiplied or otherwise increased; and (v) Entrant’s remedies
are limited to a claim for money damages (if any) and he/she waives any right
to seek injunctive or equitable relief.
SEVERABILITY:
The invalidity or unenforceability of any
provision of these Official Rules will not affect the validity or
enforceability of any other provision. If any provision of the Official Rules
is determined to be invalid or otherwise unenforceable, the other provisions
will remain in effect and will be construed as if the invalid or unenforceable
provision were not contained herein.
MISCELLANEOUS:
These Official Rules contain the full and
complete understanding with respect to the Sweepstakes and supersede all prior
and contemporaneous agreements, representations, and understandings, whether
oral or written. The headings herein are for convenience only, do not
constitute a part of these Official Rules, and shall not be deemed to limit or
affect any of the provisions hereof. No amendment to, or waiver of, any
provision of these Official Rules shall be effective unless in writing and signed
by both Sponsor and Administrator. The waiver by Sponsor or Administrator of
any provision of these Official Rules shall not constitute a waiver of any
other provision herein. The rights and obligations hereunder may not be
assigned by Entrants, whether by operation of law or otherwise, without the
prior written consent of Sponsor, and any attempted assignment in violation of
the foregoing shall be null and void. These Official Rules shall be binding
upon, and inure to the benefit of, the permitted successors and assigns of
Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST:
To request confirmation of the first
name, last initial, city, and state of residence of the Winner, please send a
self-addressed, stamped business size envelope, by JANUARY 10, 2025 to: DN #1 Sweepstakes Winners List
Request, PO Box #1586 at 695
Washington St, Buffalo, NY, 14203.
This Sweepstakes is not in any manner sponsored, endorsed,
administered by, or associated with:
NISSAN