Privacy / Rules

RK-TUNES 1998 TURBO E36 BMW M3 SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY. PURCHASE OR ACCEPTANCE OF

A PRODUCT OFFER WILL NOT IMPROVE YOUR CHANCES OF WINNING.

THE RK-TUNES 1998 TURBO E36 BMW M3 SWEEPSTAKES AND ANY ADVERTISEMENT RELATING THERETO IS INTENDED FOR PARTICIPATION ONLY BY LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES (VOID IN ALASKA AND HAWAII) OR THE DISTRICT OF COLUMBIA. THIS GIVEAWAY SHALL BE CONSTRUED ACCORDING TO AND GOVERNED EXCLUSIVELY BY UNITED STATES LAW. DO NOT PARTICIPATE IN THIS GIVEAWAY IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW.

ELIGIBILITY: The RK-Tunes 1998 Turbo E36 BMW M3 Sweepstakes (the “Giveaway” or “Promotion”) is open only to legal residents of the 48 contiguous United States (excludes AK and HI) and the District of Columbia who are licensed drivers and legal age of majority in their jurisdiction of residence. Employees of RK-Tunes (the “Sponsor”), its affiliates, subsidiaries, advertising, promotion partners and internet agencies, and each of their respective officers, directors and agents (collectively "Released Parties") and their immediate family members (spouse, parent, child, sibling, and grandparent) and/or those living in the same household of each are not eligible. The Giveaway is void in the states of AK, HI, and where prohibited. All federal, state, and local laws and regulations apply. By participating in the Giveaway, entrants agree to be bound by these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.

TIMING: The Giveaway begins on January 10, 2023 and ends at 11:59:59 PM ET on February 26, 2023 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.

HERE’S HOW TO ENTER:

Automatic with purchase at www.RKtunes.us – Eligible entrants will automatically receive one (1) entry for every $1.00 USD spent on eligible purchases at www.RKtunes.us (the “Website”) during the Promotion Period. Your purchase transaction must be received by 11:59:59 PM ET on February 26, 2023 to be eligible to receive entries into this Giveaway. The number of entries you receive will be based on the list price of your eligible purchase (excludes sales tax and shipping charges) and will be rounded up to the nearest U.S. dollar. If a purchase is returned prior to the drawing, entry/ies associated with that purchase will be voided. All purchases are subject to Sponsor’s return policy. By participating at www.RKtunes.us, you consent to receive email communications from the Sponsor.

ENTRY MULTIPLIER: Throughout the Promotion Period, the Sponsor may announce opportunities to increase the number of entries you may earn by a multiplier, e.g., (2X), (5X), (10X) (each an “Entry Multiplier”). When an Entry Multiplier is offered, entries will be multiplied by the applicable Entry Multiplier. For example, a purchase of $25 during a 2X Entry Multiplier offer will earn 50 entries. Timing for an Entry Multiplier offer will be determined solely by the Sponsor and will be announced by the Sponsor at www.RKtunes.us.

Via the Mail. To enter without making a purchase, on a plain piece of 3”x5” paper, hand print your complete first and last name, street address, city, state, zip code, date of birth (mm/dd/yyyy), e-mail address, plus daytime telephone number including area code. Then, on the opposite side of your entry, in at least 20 words, complete the sentence: “I want to win the RKTunes giveaway because…”. Mail your entry in a #10 business-size envelope with first-class postage affixed, to: RKtunes Sweepstakes, POB 698, Syosset, NY 11791-0698. Your outer-mailing envelope must include a valid return address, which includes a complete first and last name. Mailed entries received without a verifiable and legible return address will be deemed incomplete and invalid. Limit one entry per outer-mailing envelope. Bulk shipments (multiple entries in one shipping package) will not be accepted. Mail-in entry, including outer-mailing envelope must be handwritten. No mechanically reproduced entries or metered mail permitted. Statements contained in mail-in entries will not be judged but must be unique; Statements must not in any way reflect negatively upon Sponsor, the Promotion or any other person or entity. Entries must be postmarked by February 26, 2023 and received by March 2, 2023 to be eligible for the random drawing. Each mail-in envelope will count as 5 entries, provided that the mail-in entry complies with the above requirements.

To receive additional entries during an Entry Multiplier offer without making a purchase, follow the instructions for mail-in entries above, and hand write the words “ENTRY MULTIPLIER” in the bottom right-hand corner of the envelope. Your mail-in entry must have a postmark that corresponds to the date of an Entry Multiplier offer and received within 5 days of the offer’s deadline. If an Entry Multiplier offer ends on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day and received within the next 5 days. Mail in entries received that comply with all the above requirements will receive the applicable number of entries for the respective multiplier offered (e.g., 2X=10 entries; 5X=25 entries; 10X=50 entries, etc.).

Mail-in entries that are not in the format specified above, that are illegible, inaccurate, incomplete, or reproduced via photocopier or otherwise will be considered null and void. Proof of submission does not constitute proof of receipt. Not responsible for lost, late, illegible, mutilated, misdirected, postage-due entries or entries not received by the deadline. All material submitted becomes property of Sponsor and will not be returned. No correspondence will be acknowledged or entered into; requests for confirmation of receipt of mail-in entries will not be acknowledged.

RANDOM DRAWING: A random drawing to select a winner will be conducted on or about March 3, 2023 from all eligible online purchase and mail-in entries received. The random drawing will be conducted by Marden-Kane, Inc. (the “Administrator”), an independent judging organization whose decisions are final. Odds of winning will depend on the number of eligible online purchase and mail-in entries received.

WINNER NOTIFICATION: Potential winner will be contacted by email, mail, and/or phone by the Administrator and will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, and where lawful, a Publicity Release, along with a copy of his/her valid driver’s license. Winner will also be required to complete a W-9 Tax form (collectively “Documents”). All completed Documents must be returned within 3 days (including Saturdays, Sundays and Holidays) of attempted delivery of same. Failure to return required Documents or respond to a notification within the time specified or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate winner will be selected. In the event a potential winner is deemed ineligible, fails to comply with the Official Rules or is unable to claim the prize as specified, the potential winner will be disqualified, and an alternate winner will be selected. Prize award is contingent on eligibility verification and potential winner completing and returning all required Documents. Only three (3) random drawings to select an alternate winner (if necessary) will be conducted, after which the applicable prize will remain unawarded.

SCAMMER ALERT INFORMATION: You should never have to pay handling charges, service fees, or any other kind of charges up front to receive a prize - those are sure signs of sweepstakes scams. Sweepstakes taxes are paid directly to the IRS along with your regular tax return. For more information go to http://www.mardenkane.com/scammer-alert and/or https://www.consumer.ftc.gov/articles/fake-prize-sweepstakes-and-lottery-scams.

PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): One Grand Prize – winner will receive a 1998 Turbo E36 BMW M3 valued at $25,000. Winner will also receive $5,000, which will be awarded in the form of a check. Total value of the Grand Prize is $30,000.

Additional disclosures for prize vehicle - Winner will be solely responsible for any applicable licensing, insurance, title and registration fees and any other expenses not specified herein, including but not limited to costs incurred by winner related to the acceptance, pickup/transport or use of a prize. Winner must agree to pick up prize vehicle at a Sponsor-specified location in the U.S. within thirty (30) days of notification of availability from the Sponsor; failure to take delivery within 30 days of availability could cause prize to be forfeited and awarded to an alternate. Winner must have a valid driver’s license which permits operation of prize vehicle in the winner’s state of residence and evidence of legally required insurance prior to taking delivery. In the event winner is unable to take delivery of the vehicle, winner will be disqualified, and an alternate winner may be selected. Sponsor reserves the right to provide a prize of equal or greater value at its sole discretion. No substitutions or transfer of prize by winner permitted. The prize vehicle will be awarded “AS IS” without warranty by Sponsor of any kind. 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 this Giveaway, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Vehicle may not meet safety or emissions testing required in some states, provinces, territories and/or counties/municipalities. Winner is responsible to check their state/county for applicable emissions requirements and safety inspection requirements prior to accepting prize and must use vehicle in accordance with those regulations. Prize consists of only the items specifically listed as part of the prize.

Winner will be solely responsible for any applicable federal, state and local taxes and any other expenses related to the acceptance and use of a prize not specified herein. The value of the prize is taxable as income and Grand Prize winner will receive an IRS form 1099 for the total value of the prize as stated herein. In no event will more than the stated number of prizes be awarded.

RELEASE: Entrants/winner agree to release, discharge and hold harmless Released Parties and their respective successors and assigns from and against any claim or cause of action or liability (including but not limited to, personal injury, death or damage to or loss of property) arising out of participation in the Giveaway or acceptance/receipt/travel to and/or from prize pick up location/use or misuse of the prize, or the use of any photo/video/entry, and agree to be bound by the Official Rules and the decisions of the Sponsor and/or Sponsor’s representatives, which are final. Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winner’s name and/or likeness for purposes of advertising and trade without further compensation, including a winners list, unless prohibited by law. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the prize.

By accepting a prize, winner understands and agrees that they may be videotaped, recorded and/or photographed as part of a prize award ceremony. Rights to any prize ceremony video, audio and/or photo belong solely to the Sponsor and can be used in any media throughout the world in perpetuity and in any manner at Sponsor’s sole discretion, without further review, notice, approval, consideration or compensation to the winner or any third party.

NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Released Parties are not responsible for faulty, incorrect, undeliverable or mistranscribed phone/e-mail/internet transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Promotion. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. Sponsor reserves the right to cancel or modify the Promotion if for any reason, the Giveaway is undermined by any event beyond the Sponsor’s control, including but not limited to fire, flood, epidemic/pandemic, labor dispute or strike, act of God or public enemy, or any force majeure event or if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/it’s agencies, in their sole discretion. In the event of termination, a notice will be posted online and a drawing to award the Grand Prize will be conducted from among all eligible entries received prior to termination. The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, epidemic/pandemic, act of public enemies or any act outside of the Sponsor’s control/force majeure event, will not be considered a breach of these Official Rules. In the event a dispute arises regarding the identity of the entrant, entry will be deemed made by the person whose name appears on the online order form or mail-in entry. Any damage made to the Website by an entrant will be the responsibility of the entrant and/or the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

DISPUTES AND CHOICE OF LAW: Entrant agrees that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Sweepstakes, the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved. Entrant agrees that whenever you have a disagreement with Administrator or Sponsor arising out of, connected to, or in any way related to the Sweepstakes, the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy, you will send a written notice to the Sponsor (“Demand”). Entrant agrees that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before Entrant accepted these Official Rules or the Sponsor's and/or Administrator's Privacy Policy. Entrant must send the Demand to the following address (the “Notice Address”): RK-Tunes, Inc., 160 Cabot St, West Babylon NY 11704, Attention; Legal Department. Entrant agrees that Entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after Entrant sends a Demand. If the disagreement stated in the Demand is not resolved to Entrant’s satisfaction within 10 business days after it is received, and Entrant intends on taking legal action, Entrant agrees that it will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of Entrant, Administrator, and Sponsor to litigate claims in court and Entrant, Administrator and Sponsor each agree to waive their respective rights to a jury trial or a state or federal judge. Entrant agrees that it will not file any lawsuit against Administrator or Sponsor in any state or federal court. Entrant agrees that if it does sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, Entrant must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, Entrant must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, Entrant may file its case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any dispute it has with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be Suffolk County, New York. Entrant agrees that it will not file a class action or collective action against Administrator or Sponsor, and that Entrant will not participate in a class action or collective action against them. Entrant agrees that it will not join its claims to those of any other person. Notwithstanding any other provision in the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances does entrant, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with Entrant to arbitration before the Arbitrator. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor’s in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. This arbitration provision shall survive conclusion, modification or termination of the Sweepstakes and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of the parties relating to or arising from participation in the Sweepstakes.

PRIVACY: Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Giveaway for the purposes of administering the Giveaway and prize fulfillment. By participating in this Giveaway, entrants consent to such collection, use, and disclosure of your personal information. Information collected from participants is subject to Sponsor’s www.RKtunes.us/pages/privacy.

WINNERS LIST: The name of the Grand Prize Winner will be announced at www.RKtunes.us on or about March 7, 2023 or after the Grand prize winner has been verified.

SPONSOR: RK-Tunes, Inc., 160 Cabot St, West Babylon NY 11704. Mail-In entries will not be accepted at this address.

ADMINISTRATOR: Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416. Mail-In entries will not be accepted at this address.

Manufacturer of the prize vehicle offered is not a Sponsor or Participant in this Giveaway and no association or endorsement is implied.