Rusty Butcher Street Rod Giveaway Official Rules
1) ELIGIBILITY: The Rusty Butcher Street Rod Giveaway (the "Promotion") is open to legal residents of the 50 United States and District of Columbia who are 13 years of age or older at the time of entry. Void where prohibited. Employees, officers and directors of Rusty Butcher, Biltwell, Two Brothers Racing, FOX Shocks (the “Sponsor”) and each of their respective parents, affiliates, subsidiaries, retailers and advertising and promotion agencies (all such individuals and entities collectively referred to herein as the “Promotion Entities”), as well as the immediate family (spouse, parents, siblings, children and each of their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are not eligible to enter or win. An eligible minor should have his/her parent’s or legal guardian’s permission to enter this Promotion. The Promotion is governed by U.S. law and is subject to all applicable federal, state, and local laws and regulations. YOUR ENTRY INTO THE PROMOTION WILL BE DEEMED TO BE A REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER OR BETWEEN THE AGES OF 13 AND 18 AND ENTERING THE PROMOTION WITH THE PERMISSION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE RULES. IF YOU ARE A PARENT OF LEGAL GUARDIAN AGREEING TO THESE RULES FOR THE BENEFIT OF A CHILD BETWEEN THE AGES OF 13 AND 18, YOU ARE FULLY RESPONSIBLE FOR HIS OR HER ENTRY IN THE PROMOTION, INCLUDING WITHOUT LIMITATION ANY LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
2) TIMING: The Promotion begins at 8:00 a.m. Pacific Time (“PT”) on 9/30/17 and ends at 11:59 p.m. PT on 11/12/17 (the “Promotion Period”).
3) HOW TO ENTER THE PROMOTION: During the Promotion Period, go to the following website: www.rustybutcher.com and purchase one or more products during the Promotion Period (“Purchase Entry”). All entries must be received by 11:59 p.m. PT on 11/17/17 to be eligible. Entrants must complete all required information. RECEIVE ONE ENTRY FOR EVERY PURCHASE (not including shipping).
Mail-in Entry: To obtain an entry without making a purchase, legibly handprint your name, street address, city, state or province, zip or postal code, telephone number, complete e-mail address on a standard 4” x 6” postcard (with no outer envelope) and mail to: Rusty Butcher Street Rod Giveaway , 160 Vander St., Ste D, Corona, CA 92880. Requests must be received by 11/12/17. All mail-in entries must be legibly hand written (including addressing), mailed separately with no outer envelope and have sufficient postage. Promotion Parties assume no responsibility for lost, late, misdirected, stolen, illegible, inaccurate, damaged, incomplete, non-delivered or postage-due mail; or for failure or unavailability of electronic equipment, communications or Internet connections; or other errors, failures or malfunctions of any kind.
By entering via online or mail-in, you consent to receive email announcements from Sponsor. You may unsubscribe from these email announcements without affecting your chances of winning this Promotion. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned except as provided herein. Entries which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules will be void and will not be entered into the Promotion's prize drawing. Entries made by any other manner not specifically allowed under these Official Rules will not be entered into the Promotion and may result in disqualification of the responsible entrant. You are not a winner until your prize claim is validated and you receive official written notification from the Sponsor or the Promotion Administrator. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be declared made by the person in whose name entry was made.
*NOTE: If entrant is under the age of 18, the entrant’s parent or legal guardian must download, fill out, and upload a completed legal modeling consent form, which will be submitted along with aforementioned entry form.
4) WINNER VERIFICATION: Potential winners will be selected in a random drawing on or about 11/17/17 from all eligible entries received during the Promotion Period by Sponsor, whose decisions are final and binding on all matters relating to the Promotion. Odds of winning a prize depend upon the number of eligible entries received. Potential winners will be notified by email, phone and/or registered mail and will be required to execute and return an affidavit of eligibility/liability release, tax form and, where imposing such condition is legal, a publicity release (collectively, the “Eligibility Documents”) within five calendar days of date of issuance. Any guest of the potential winner participating in a prize will need to execute a liability release. If potential winners cannot be reached within five calendar days from the first notification attempt, or in the event of noncompliance within the above stated Eligibility Documents time period, with these Official Rules, or if prize notification is returned as undeliverable, prize will be forfeited and, at Sponsor’s sole discretion, an alternate winner may be selected.
5) PRIZE: One grand prize winner will receive: (a) 2017 harley davidson street rod,
biltwell moto bars and bar pad, Two Brothers Racing slip on exhaust and Fox Shocks
Approximate retail value (“ARV”) of prize is $4,900.00
Prizes are awarded “as is” with no warranty or guarantee either express or implied by Sponsor. Sponsor reserves the right to award prize in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winners set forth herein. No substitution, assignment, cash equivalent or transfer of prizes is permitted except by Sponsor due to prize unavailability. Sponsor also reserves the right to substitute the prize, or portions thereof, with a prize of equal or greater value. Prizes are awarded “as is” with no warranty or guarantee either express or implied by Sponsor.
6) TAXES AND EXPENSES: Winner is solely responsible for all federal, state, and local taxes and all other fees and expenses associated with prize acceptance and use not specified herein as being awarded.
7) CONDITIONS OF ENTRY: By participating, each entrant (and, if an eligible minor, his/her parent or legal guardian) fully and unconditionally agrees to and accept these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Promotion. By participating, entrants also grant consent for Sponsor to use name, address and other information provided for the purpose of administering this Promotion and general marketing purposes. Sponsor reserves the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner and void all associated entries.
Any entry deemed inappropriate or unsuitable for posting, in Sponsor’s sole discretion, will be disqualified. The entry must not contain unsuitable content or depict or describe or incorporate unsafe behavior or situations; obscenity, lewd or inappropriate images, words or text; nudity; acts of violence or acts that appear to cause harm or are illegal/dangerous; disparagement of any person or product; racist words, acts or innuendo; illegal drug or alcohol use; or other offensive conduct or material, as determined in Sponsor's sole discretion.
8) CONSUMER CREATED CONTENT: By submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the company or Sponsor under any fiduciary or other obligation, that Sponsor is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted; and (4) you are hereby granting Sponsor a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose.
9) CONDUCT AND DECISIONS: By entering the Promotion, you agree to be bound by the Sponsor’s decision. Persons who violate any rule, gain unfair advantage in participating in the Promotion, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Promotion and Sponsor’s decisions concerning such disputes shall be final. If the conduct or outcome of the Promotion is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Sponsor, Sponsor reserves the right to terminate this Promotion, or make such other decisions regarding the outcome as Sponsor deems appropriate. All decisions will be made by Sponsor and are final. Sponsor may waive any of these rules in its sole discretion.
10) LIMITATIONS OF LIABILITY: Each entrant (and any minor entrant’s parent or legal guardian) agrees that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Promotion Entities are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process of the Promotion; (iv) late, lost, stolen, undelivered, misdirected, delayed, inaccurate, garbled or incomplete entries, or for any electronic, computer, printing, typographical, human or other error relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes, or in any Promotion-related materials (including these Official Rules); or (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware, or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion. Sponsor reserves the right to cancel or modify the Promotion (or any portion thereof) if bugs, virus, fraud, technical failures or any other factor impairs the integrity, administration or proper play of the Promotion (or portion thereof), as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes in a random drawing from among all eligible, non-suspect entries received up to the time of the impairment.
Promotion Entities shall also not be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’ sole control. Promotion Entities shall not be liable for changes or cancellation of any events. Promotion Entities shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Promotion Entities shall not be liable for any loss or damage to baggage.
11) DISPUTES; CLASS ACTION WAIVER: Except where prohibited, entrant (and, if an eligible minor, his/her parent or legal guardian) agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the court of applicable jurisdiction located in Riverside, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, and in no event shall entrant be entitled to receive attorneys’ fees or other legal costs or expenses; and (c) entrant waives the right to claim any other damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. You expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
12) RULES/WINNER NAME: For any legally required winners’s list, available after 11/17/17, or for an additional copy of these Official Rules, mail a self-addressed stamped envelope to The Rusty Butcher Street Rod Giveaway, Rusty Butcher, 160 Vander St., Ste D, Corona, CA 92880. Please specify “Official Rules” or “Name of Winner”. Requests must be received by 1/17/18. Vermont residents may omit return postage for “Rules” requests. You may also view these Official Rules at www.tillys.com.
13) SPONSOR: Rusty Butcher, 160 Vander St., Ste D, Corona, CA 92880; Biltwell Inc.,
42349 Winchester Rd., Temecula, CA 92590; Two Brothers Racing, 401 South Grand Ave., Santa Ana, CA 9270; FOX Shocks, 915 Disc Drive, Scotts Valley, CA 95066
//End Official Rules