RK-TUNES 2015 BMW M3 DRIFT GIVEAWAY SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT, OR ACCEPTANCE OF A PRODUCT OFFER, WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THIS PROMOTION IS VALID ONLY IN THE 48 CONTIGUOUSUNITED STATES (EXCLUDING ALASKA AND HAWAII) AND THE DISTRICT OF COLUMBIA. VOID IN PUERTO RICO & WHEREPROHIBITED BY LAW.
BY ENTERING OR OTHERWISE PARTICIPATING IN THISPROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. THIS CONTRACT REQUIRES YOU TO INDEMNIFY AND TO RELEASE ALL CLAIMS AGAINST THE PROMOTIONENTITIES (AS DEFINED BELOW). BY ENTERING THE SWEEPSTAKES, YOU ARE AGREEING TO MANDATORY, BINDING ARBITRATION WITH NO CLASS RELIEF, AND TO A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING ANY DAMAGES THAT YOU MAY RECOVER.
ENTRY MULTIPLIER: Throughout the Promotion Period, the Sponsormay announce opportunities to increase the number of automatic online purchase entries you may earn by a multiplier, e.g., (2X), (5X), (10X), (20X) and (30X) (each an “Entry Multiplier”). When an Entry Multiplier is offered, entries will be multiplied by the applicable Entry Multiplier. For example, a $60 purchase during a 10X Entry Multiplier offer will earn 600 entries (60x10=600). Timing for an Entry Multiplier offer will be determined solely by the Sponsor and will be announced by the Sponsor on their Website (at RKtunes.us) and/or its social media pages.
BONUS ENTRIES: Throughout the Promotion Period the Sponsor may announce additional opportunities to earn “BONUS ENTRIES” into the Sweepstakes during a specified time period. During this specified time period, mail-in entries with the words “BONUS ENTRIES” and the NUMBER OF BONUS ENTRIES MARKETED DURING THAT TIME FRAME hand printed in the bottom left hand side of the post card will earn “BONUS ENTRIES” if their entry is postmarked on the specified date(s). If the “BONUS ENTRIES” offer falls on a Sunday, the mail-in entry must be postmarked the Monday immediately following the offer.
Timing for an Entry Multiplier and Bonus offers will be determined solely by the Sponsor and will be announced by the Sponsor at www.RKtunes.us.
*Normal internet access, phone, and usage charges imposed by your online or phone service may apply. If you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
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.
SCAM ALERT - Protect yourself from scams. If you are selected as a potential winner in one of our Promotions, our Administrator, Marden-Kanewill contact you via the phone number and/or the email address you provided on your order/mail-in entry form. You will NEVER be asked to provide a credit card, bank information or a payment of any kind as a condition of a prize award. Those are sure signs of Promotion scams. We do NOT use social media to contact winner of the Promotion. Prize winnings must be reported to the IRS when filing your tax returns, and any federal or state income taxes would need to be paid by you directly to the IRS. For more information, visit http://www.mardenkane.com/scammer-alert and/or Scam Alerts | FTC Consumer Information.
Additional disclosures for the Prize: Winner will be solely responsible for any federal, state and local taxes and all fees and expenses related to acceptance of prize not specified as paid by Sponsor herein, including licensing, insurance, title and registration fees costs incurred by winner related to the acceptance, pickup/transport or use of the Prize, gasoline and vehicle maintenance, and any and all other expenses related to acceptance and use of Prize, including, but not limited to, change of transportation, incidentals, tariffs or duties, surcharges, service charges, or charges and expenses associated with travel required to pick up Prize. The value of the prize is taxable as income and winner will receive an IRS form 1099 (or its equivalent) for the total value of the prize selected as stated herein. Winner must agree to pick up the Prize at a Sponsor-specified location in West Babylon, NY within thirty (30) days of notification of availability from the Sponsor; failure to take delivery within 30 days of availability could cause the Prize to be forfeited and awarded to an alternate. 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 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 winner.
In the event winner is unable to take delivery of the prize, or is found to be ineligible for any reason, winner will be disqualified, and an alternate winner may be selected. Sponsor reserves the right to provide a prize of equal or greater value (where lawful), at its sole discretion. Prize cannot be substituted, assigned, transferred or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at Sponsor’s discretion. Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen circumstances or those outside of Sponsor’s control. If the fulfilling merchant cancels the order for reasons out of Sponsor’s control, and the prize cannot be delivered, no additional compensation will be provided or, if a substitute prize is provided, the difference in value between the substitute prize and the advertised prize will not be provided in cash. Prize winner bears all risk of loss, damage or theft to their prize and/or their prize check is cased without permission after obtaining ownership and Sponsor will not replace it. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won. If, by reason of a print, technical, or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
All details and restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
WITHOUT LIMITING THE FOREGOING, WITH THE EXCEPTION OF ANY WARRANTIES PROVIDED BY THE MANUFCTURER AND/OR THE DEALER, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZE AND THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY BY SPONSOR OR ADMINISTRATOR 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. 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, AND/OR COUNTIES/MUNICIPALITIES. 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 PRIZE IN ACCORDANCE WITH THOSE REGULATIONS. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK STATE AND LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
By accepting a prize, winner understands and agrees that he/she 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.
Sponsor reserves the right to cancel or modify the Promotion if for any reason, the Promotion 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.
PLEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION.
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”). The Promotion Entities also agree that we will submit any and all disputes with Entrant to arbitration before the Arbitrator. This arbitration provision limits the ability of Entrant and the Promotional Entities to litigate claims in court and Entrant and Promotional Entities each agree to waive their respective rights to a jury trial.
For any such filing of a demand for arbitration, Entrant must provide 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, available at https://www.adr.org/sites/default/files/Consumer-Rules-Web_0.pdf (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 and all disputes arising out of or relating to the Promotion or any disputes with the Promotion Entities including, but not limited to, disputes as to the interpretation or application of this Dispute Resolution Section or the validity of the arbitration agreement herein. The Arbitrator has authority to issue any and all remedies authorized by law, except that any requests for the remedy of public injunctive relief shall be brought in a court of competent jurisdiction. 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 West Babylon, New York.
Entrant agrees that it will not file a class action or collective action against the Promotion Entities, 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 Privacy Policies, if this class action waiver is adjudicated to be invalid by a court of competent jurisdiction, 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 court. Entrants irrevocably consent to the sole and exclusive jurisdiction of the state or federal courts of the State of New York located in the county of Suffolk, New York for any action, suit or proceeding arising out of or relating to this Promotion. Under no circumstances does Entrant or the Promotion Entities agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
The provisions of this Dispute Resolution Section shall survive conclusion, modification or termination of the Promotion and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of Entrant or the Promotion Entities relating to or arising from participation in the Promotion.
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.
Manufacturer of the Prize offered is not a Sponsor or participant in this Promotion and no association or endorsement is implied.
This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter or YouTube.
©2023 Marden-Kane Inc. All rights reserved. Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the Entrant’s personal use only.