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NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS PROMOTION IS INTENDED FOR ENTRY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.
The “StimmyHemi GIVEAWAY” begins at 9:00 p.m. Eastern Standard Time (“EST”) on 1/15/2021, and ends at 11:59 p.m. EST on 3/31/2021 (the “Sweepstakes Period”). For purposes of these Official Rules, all times are given in EST. The date and time stamp from the Website (defined below) will be the “official computer” and official time keeping device for this Sweepstakes.
The Sweepstakes is open to permanent legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older (or the age of majority in their respective jurisdiction of residence) at the time of entry (each, an “Entrant”). The Entrant who is selected as the potential prize winner (the “Prize Winner”) must have a unique, personal and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the prize (the “Prize”). Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “PRIZE CLAIMS” section of these Official Rules. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in the same household, whether related or not) of Mod2Fame LLC (the “Sponsor”), and each of their respective parent companies, divisions, affiliates, subsidiaries, distributors, advertising and agencies, and any others engaged in the development, production, execution or distribution of this Sweepstakes, including are not eligible to participate. The Sweepstakes is subject to all federal, state, and local laws and regulations and is void outside the fifty (50) United States and the District of Columbia, and wherever else restricted or prohibited by law. By entering this Sweepstakes, Entrants indicate their full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of the Sponsor and/or Independent Administrator, which are final and binding in all respects. Winning the Prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER
There are (2) ways to receive an entry into the Sweepstakes; via sign up on the Mod2Fame.com website by entering valid mobile phone number, full name, email and text message opt in. Entrants must also be subscribed to Mod2Fame Vlog on YouTube and follow both Mod2Fame and Autotempest on Instagram.
Alternate Method of Entry (AMOE)
To enter the Sweepstakes without online access by mail as follows: On a 3” x 5” card, legibly handprint your first name, last name, address, city, state, zip code, telephone number (including area code), date of birth and email address. Then, mail your completed 3” x 5” card to: “StimmyHemi GIVEAWAY”, 96 Linwood Plaza, Suite 296, Fort Lee, NJ 07024. Each 3” x 5” card is considered one entry into the Sweepstakes. Mail entries must be postmarked by 2/1/2021 and received by 2/21/2021 to be considered eligible. Entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions will be accepted. No bulk shipments will be accepted. No envelopes will be accepted. Sponsor will not verify receipt of entries for Entries. All entries submitted by mail become the sole property of the Sponsor and will not be returned. Sponsor is not responsible for lost, late, misdirected, illegible, or damaged mailed entries.
In the event an Entrant enters the Sweepstakes via a combination of Purchase and the AMOE, In the event of a dispute regarding the identity of the person who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address connected with the email account from which the Purchase was sent. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online 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. An Entrant may be requested to provide Sponsor with proof that the Entrant is the Authorized Account Holder of the email address associated with the entry. Any attempt by any Entrant to enter this Sweepstakes using multiple/different accounts or any other methods may void the Entrant’s entries and may result in disqualification, at the sole discretion of Sponsor. Use of any automated system to participate in the Sweepstakes is prohibited and may result in disqualification. The Sweepstakes Entities are not responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruptions, deletions, defects, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise. Late entries or entries sent via method other than those stated above will not be accepted.
On or about 4/7/2021, one (1) Prize Winner will be selected from among all eligible entries received during the Sweepstakes Period. The random drawing will be conducted by the Sponsor whose decisions are based upon their sole discretion and interpretation of these Official Rules and are final and binding in all respects. Odds of being selected as the Prize Winner are dependent upon the total number of entries received during the Sweepstakes Period. The potential Prize Winner will be notified by the Sponsor via email within one (1) to three (3) business days from the date in which the random drawing takes place. Prize Winner will be required to complete the prize claims and verification process as further described in the “PRIZE CLAIMS” section below. Sponsor will only make two (2) attempts to reach the potential Prize Winner via email and telephone. Prize winning notifications will not be left on voicemail or answering services. In the event the Sponsor cannot reach the potential Prize Winner after two (2) attempts have been made, the original potential Prize Winner will be disqualified and an alternate Prize Winner (selected randomly as outlined above) will be notified until one (1) Prize Winner is confirmed.
One (1) Prize package will be awarded to the Prize Winner, including (a) a pre-owned 2006 Chrysler (having a used market suggested price [“UMSP”] of $3,000 (the “Vehicle”); The total approximate retail value (“ARV”) of the Prize is $0, Vehicle color, options and accessories to be determined at the sole discretion of the Sponsor. Prize Winner must have and provide a valid US Driver’s License and provide proof of existing, applicable Vehicle Insurance Coverage (Comprehensive or Liability) at time of delivery. Prize Winner is required to comply with all applicable federal, state and local laws, rules and regulations, including but not limited to licensing and insurance requirements. The sales tax, title and licensing of the Vehicle is the sole responsibility of the Prize Winner. Prize Winner will be solely responsible for any applicable registration, and insurance fees and any other expenses not listed herein related to receipt, possession, acceptance and use of the Prize.
Sponsor shall not be responsible for delays in availability of the Vehicle, and final awarding of the Vehicle is subject to availability. The Sponsor however, shall use all reasonable efforts, subject to availability, to award the Vehicle within ninety (90) days after the Prize Winner is determined. If the Prize Winner resides within ninety (90) miles of the location for which the Vehicle is stored, he/she shall be responsible for picking up the Vehicle personally at a mutually agreed upon location closest to the Prize Winner’s permanent legal residence and he/she must present adequate personal identification and evidence of legally required insurance. In such case, the Prize Winner shall be solely responsible for all travel or transportation costs, associated with winning the Vehicle, except as otherwise provided herein. In the event the Prize Winner resides more than ninety (90) miles from the location in which the Vehicle is held, the Vehicle shall be delivered to a mutually agreed upon location within ninety (90) miles from the Prize Winner’s permanent legal residence at the Sponsor’s sole cost. If the Prize winner resides more than ninety (90) miles from the location in which the Vehicle is held, Prize Winner may forgo Vehicle delivery, and travel to the destination (by air) to retrieve the Vehicle at the Sponsor’s sole cost. The Prize Winner shall bear all risk of loss or damage to the Vehicle after it has been delivered to the specified delivery site. The Prize Winner must personally retrieve the Vehicle within thirty (30) days of written notification of delivery and must present adequate personal identification and evidence of legally required insurance, or the Prize will be forfeited without compensation of any kind, and an alternate Prize Winner will be randomly selected from among all remaining non-winning eligible entries received as outlined in the “WINNING/NOTIFICATION” section above. The Vehicle will be delivered solely with the express written limited warranties set forth in the Vehicle’s applicable Owner’s Guide, which warranties shall run for the term set forth in said guide. The depiction of the Prize Vehicle in any advertising or promotional materials or physical display may not reflect the actual Vehicle delivered to the Prize Winner. Any difference between the stated UMSP of the Prize and the actual value of the Prize will not be awarded. The Prize is taxable as income and Prize Winner is solely responsible for any taxes on the Prize, including, but not limited to all applicable federal, state and local taxes. The Sponsor, or a third party acting on its behalf, may be required to report the value of the Prize to the Internal Revenue Service in the year the Prize is received by the Prize Winner; and, in such case, the value of the Prize will be reported to the Prize Winner and the Internal Revenue Service in the form of a Form 1099 and/or other applicable tax forms. There is a limit of one (1) Prize to be awarded for the entire Sweepstakes. No transfer or substitution of the Prize is permitted, except at Sponsor’s sole discretion or as otherwise provided herein. Prize Winner is solely responsible for all federal, state and local taxes. Except as otherwise set forth herein, Prize will be awarded.
Names of prize manufacturers are used solely for description of the Prize. No sponsorship, endorsement or authorization of prize manufacturers are intended or implied by such use. Depictions of any part of the Prize in any advertising or promotional materials may not reflect the actual awarded to the Prize Winner.
Except where prohibited, the potential Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) and any other documents required by Sponsor (collectively, the “Required Documents”) within seven (7) days or less from receipt of Notification from the Sponsor by email. If the potential Prize Winner fails to return the Required Documents within the time period required, or if the email is returned as undeliverable, such potential Prize Winner forfeits his/her right to the Prize and an alternate will be notified as outlined in the “WINNING/NOTIFICATION” section above, even if the disqualified potential Prize Winner’s name may have been publicly announced. Potential Prize Winner must report income to the IRS. In the event it is deemed during the verification process that the potential Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Prize, such potential Prize Winner will be disqualified and an Alternate will be notified as outlined above. Valid social security numbers will be determined by IRS requirements. If it is determined by the Sponsor, in its sole discretion, that the potential Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Prize Winner forfeits his/her right to the Prize and an alternate will be notified as outlined in the “WINNING/NOTIFICATION” section above, even if the disqualified potential Prize Winner’s name may have been publicly announced. In the event that the potential Prize Winner is disqualified for any reason, Sponsor/Independent Administrator shall have no liability or obligation to such individual.
GENERAL RULES OF PARTICIPATION
By participating in this Sweepstakes, Entrants and Prize Winner [a] release each and all of the Sweepstakes Entities, from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt or use/misuse of the Prize awarded, including, without limitation, liability for personal injury, death or property damage; and [b] agree to be bound by these Official Rules and the decisions of the Sponsor/Independent Administrator, which are final in all respects and not subject to appeal. Sponsor reserves the right permanently to disqualify from this Sweepstakes any Entrant or Prize Winner it believes has violated these Official Rules. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Sweepstakes Entities. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and selected a Prize Winner based on the entries received up to the cancellation, modification, termination, or suspension date. Notification of such action will be provided on the Website. To the fullest extent permitted by law, Entrants covenant not to sue any Sweepstakes Entity or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind any releases. A waiver by one or more of the Sweepstakes Entities of any term in these Official Rules does not constitute a waiver of any other provision.
By participating, Entrants and Prize Winner agree to release, discharge, indemnify and hold harmless the Sponsor, and the Sweepstakes Entities, and each of their respective officers, directors, employees, representatives and agents from and against any claims made by the Prize Winner, Entrants, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or use of the Prize; participation in any Sweepstakes-related activity; or participation in this Sweepstakes.
Entrants agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or the Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New Jersey. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, an Entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New Jersey.
WINNER’S LIST REQUEST:
For the name of the Prize Winner or a copy of these Official Rules, please submit a self-addressed, stamped envelope by 5/31/2021 to “StimmyHemi GIVEAWAY”, Mod2Fame LLC, 96 Linwood Plaza, Suite 296, Fort Lee, NJ 07024
SPONSOR: Mod2Fame LLC, 96 Linwood Plaza, Suite 296, Fort Lee, NJ 07024
This Sweepstakes shall not be published without permission of the Sponsor.