Giveaway Official Rules

“Performance Pack Giveaway” Sweepstakes

Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE “OFFICIAL RULES”. VOID WHERE PROHIBITED.

SWEEPSTAKES PERIOD: The “Performance Pack Giveaway” Sweepstakes (the “Sweepstakes”) begins on or about 12:00:01a.m. Eastern Time (“ET”) on November 20, 2021 (“Start Date”) and ends at 11:59:59 p.m. ET on January 11, 2021 (the “Promotion Period”). The Sweepstakes is sponsored by Marty Motoring (the “Sponsor” and “Prize Supplier”). The official clock for purposes of the Sweepstakes is the computer of the Sponsor.

ELIGIBILITY: The Sweepstakes is open to legal residents 18 or older, of the forty eight (48) United States (Excludes Hawaii and Alaska) and the District of Columbia. Officers, members, directors, representatives and employees of the Sponsor and any of their respective parent companies, affiliated companies, subsidiaries, dealers, franchisees, licensees, distributors, suppliers, subsidiaries, participating retailers, advertising / promotion/judging agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes. This sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Participant’s full and unconditional agreement to these Official Rules and Sponsor 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. Void in Hawaii, Province of Quebec, Puerto Rico, the U.S. Virgin Islands, Guam, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law, regulation or ordinance.

HOW TO ENTER THE SWEEPSTAKES: An individual will be deemed a participant (“Participant”) in the Sweepstakes if they are eligible and enter the Sweepstakes during the Promotion Period via any of the following two (2) entry methods: 1) Complete an online product purchase (minimum $1.00) at www.martymotoring.com/shop. Participant will be required to provide: first and last name, home address, telephone number, and e-mail address. Each Participant that completes a purchase will receive one (1) Sweepstakes entry per item or, 2) To enter without purchase: Participant can enter using this form. All forms must include all the requested information to be considered a valid entry. Online entries via the form need to be submitted between November 20, 2021 and January 12, 2021, and received by the Sponsor no later than January 11th, 2021. Limit – one (1) online entry per submission. Each valid online entry will receive 1 entry into the Sweepstakes.

Limit – Ten (10) total entries per person during the Promotion Period regardless of method of entry. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Internet entries must be made by the Participant only at the aforementioned Website and application URL address. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Sponsor reserves the right, in its sole discretion, to void any and all entries of a Participant that submits more than the stated maximum limit of entries by using multiple/different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, misdirected, or postage-due registrations, entries or mail, which will be disqualified.

USE OF PERSONAL INFORMATION/OPT IN: By entering the Sweepstakes, Participant consents for the Sponsor to obtain, use, and transfer your name, address and other information provided for the purpose of administering this Sweepstakes; the information provided in connection with the entry process will be used by Sponsor only, in accordance and will not be sold or provided to another company. Participant entry information will be treated according to Sponsor’s privacy policy (https://enthuzst.com/pages/privacy-policy). By participating in the Sweepstakes and providing any contact information, Participants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

INTERNET LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, pandemic, health crisis, government regulation, or 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, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. 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. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail 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 participant’s or any other person’s computer (or any information/material stored therein) relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO 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. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

PRIZES: One (1)  Prize will be available to be awarded. Megan Racing Axle-back Exhaust, Invidia Mid-pipe Exhaust and F Sport Air Box and Filter. The parts are used but in working condition with an Approximate Retail Value (“ARV”) of $1233. The prize winner will be solely responsible for all other expenses besides shipping while redeeming the prize.

WINNER SELECTION: One (1) potential winner will be selected during a random drawing conducted on or about January 12th, 2021.

PRIZE TERMS AND CONDITIONS: Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue. To claim a prize, you will be required to provide your correct full-name, mailing address, date of birth, telephone number and/or e-mail address. The Prize Acceptance Release is subject to verification by Sponsor and all potential winners are subject to verification before any prize will be awarded.

The Sponsor and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A prize may not be sold, traded, or commissioned, and is not exchangeable or transferable, except in Sponsor’s sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. Administrator is not the supplier or guarantor of any prize. Prize may be fulfilled by a third party. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.

Prize Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The stated “ARV” of the prize is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Prize Winner will be required to provide Sponsor with a valid social security number (if the ARV of the prize is equal or greater than $600) before a prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued (where legally required) in the name of the respective Prize Winner for the total ARV of the respective Prize, as stated above, in the calendar year the prize was won. All properly claimed prizes will be awarded.

RELEASES: All participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless Sponsor and Released Parties from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor’s Website; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes Application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer’s warranty as may be included with the prize. Prize Winner bears all liability and risk of loss or damage to his/her respective prize after it has been delivered.

GOVERNING LAW/DISPUTES: By participating, Participants agree to be bound by the Official Rules, Sponsor’s Website Terms of Use (if any and if applicable to Participant’s method of participating), and the decisions of the Sponsor, which are final and binding in all respects. Except where prohibited, Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Philadelphia, Pennsylvania; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event legal fees; and (3) under no circumstances may Participant obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participants, Sponsor, or the Released Parties in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of the State of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Pennsylvania.

XIV. SPONSOR: Marty Motoring.