J&p Cycles – 2022 $10k Horsepowered Holiday Giveaway Sweepstakes
2022 $10K Horsepowered Holiday Giveaway Sweepstakes Contest Rules
2022 $10K HORSEPOWERED HOLIDAY GIVEAWAY SWEEPSTAKES CONTEST OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
SWORN STATEMENT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
2022 $10K Horsepowered Holiday Giveaway Sweepstakes Contest (“Contest”) starts at 9:00 a.m. Eastern Standard Time (“EST”) on 11/01/2022 and ends at 11:59 p.m. (EST) on 12/25/2022 (“Entry Period”).
The sponsor of this Contest is Comoto Holdings Inc., 4020 S. 26th Street, Philadelphia, Pennsylvania 19112 (“Sponsor”). The Contest shall be subject to these Official Rules, which can be found at https://www.jpcycles.com/holiday-giveaway-2022-rules. By entering, all participants agree to be bound by the terms and conditions herein and the decisions of the Sponsor, including the interpretation of these Official Rules and its exercise and discretion, which will be final and binding in all respects.
ELIGIBILITY: The Contest is open to legal residents of the Continental United States (the “Eligibility Area”) who are 18 years old or older at the time of entry and who hold a valid driver’s license. Officers, directors, employees, independent contractors, representatives and agents and each of their respective immediate families (spouse, child, siblings, parents, grandparents) of Sponsor and its affiliates, subsidiaries, parent companies, licensors, divisions, distributors, licensees, promotional partners, and advertising agencies (collectively, the “Promotion Parties”), and those living in the household of any Promotion Party (whether related or not) are not eligible to enter this Contest or win any prize. All U.S. Federal, state and local rules and regulations apply. Void outside the Eligibility Area and where prohibited or restricted by law. By entering this Contest, entrants agree to abide by all terms of these Official Rules.
HOW TO ENTER: During the entry period, the Sponsor will advertise and/or promote the Contest on Sponsor’s websites and social media platforms including at Facebook, Common Tread, Instagram, and Twitter. Participants will need to complete an entry form and submit it at the following site(s):
Contest entry is also available through the Attentive Mobile Signup and Attentive SMS platforms. All entry methods are each a “Entry Method” and collectively the “Entry Methods.”
ONLY ONE (1) ENTRY PER PERSON WILL BE ACCEPTED FOR THIS CONTEST. MULTIPLE ENTRIES ARE SUBJECT TO DISQUALIFICATION AT SPONSOR’S DISCRETION.
The Promotion Parties, Facebook, Common Tread, Instagram and Twitter and any and all internet or social media provider(s), and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees, independent contractors, representatives and agents (collectively, “Releasees”) are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers network, browsers or software, including without limitation any injury or damage to participant’s or any other person’s computer equipment or network relating to or resulting from participation in the Contest; inability to submit an entry via the Entry Method; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any website (including the Entry Method) or for any other reason whatsoever; typographical, printing or other errors; or any combination thereof. Proof of submitting information via the Entry Method is not considered proof of delivery or receipt. Illegible, incomplete, incomprehensible, and duplicate entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent, or deceptive entries or acts or multiple entry attempts shall render an entrant ineligible. By entering the Contest, entrants affirm that they have read and accepted these Official Rules.
ENTRY INFORMATION: As a condition of entering the Contest, each winner gives consent for Sponsor to obtain and deliver his/her name, address, and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest winner’s list. Any entry information collected from the Contest shall be used only in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules located at https://jpcycles.com/holiday-giveaway-2022-rules and Sponsor’s privacy policies, which can be accessed at https://jpcycles.com/privacy-policy.com.
Winners will be chosen in a random drawing on the dates listed below for the designated prizes (each a “Prize” and collectively the “Prizes”). One Prize per Winner.
The following Prizes will be awarded:
1. One (1) First Prize;
2. One (1) Second Prize; and
3. One (1) Third Prize.
Drawing Dates: 12/28/2022 for all Prizes.
One (1) FIRST PRIZE:
• $10,000.00 Gift Card for J&P Cycles
Total First Place Prize Value – $10,000.00
One (1) SECOND PRIZE:
• $2,500.00 – Street & Steel and Stockton Tools Gear and Accessories
Total Second Place Prize Value – $2,500.00
One (1) THIRD PRIZE:
• $1,000.00 – Street & Steel and Stockton Tools Gear and Accessories
Total Third Place Prize Value – $1,000.00
TOTAL VALUE ALL PRIZES: $13,500.00
Winners will be notified within seven (7) business days of winning confirmation. Prizes will be delivered as soon as possible, but it may be longer than expected due to supply issues, depending on the prize. Sponsor’s decisions are and shall be final and binding in all matters relating to this Contest. If a prize notification or Prize is returned as undeliverable for any reason, the Prize may be awarded to an alternate winner at Sponsor’s sole discretion. Prize is not transferable, assignable, or redeemable for cash. No substitution for the Prize by the Winner will be allowed. Any gift cards or store credit awarded as prizes can only be used for gear from the referenced vendor, have no cash value, and cannot be exchanged for cash or cash equivalents. If necessary, due to unavailability of the Prize for any reason, a prize of comparable value will be awarded at the sole discretion of the Sponsor. An unclaimed and/or unused Prize package will remain the property of Sponsor. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT LIMITATION, WITHOUT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
All Federal, state, and local tax liabilities, if any, are the responsibility of the Winner. Winners of Prizes in excess of $600.00 will receive an IRS Form 1099. Acceptance of the Prize constitutes permission (except where prohibited) for Sponsor and/or its affiliates to use of Winner’s name, statements, photographs, video images and biographies for publicity purposes without any limitation or additional compensation
If you are a Winner of a Prize valued in excess of $600.00, you will be required to complete and return an IRS Form W-9. The Form W-9 will be mailed to you, and you will have 72 hours to return the Form in the enclosed postage paid Express Mail envelope. If the executed Form W-9 is not received by Sponsor within 72 hours of your receipt, you will be declared ineligible. Finalists for Grand Prize drawing must sign and return an Affidavit of Eligibility, Liability Release and where legally permissible, a Publicity Release within two (2) days following the date of notification of Prize. Failure to comply with this deadline may result in forfeiture of Finalist status.
The Winner will not receive cash or any other form of compensation if actual Prize costs are less than the estimate made in these Official Rules. No changes will be made to Prize details once any portion of Prize arrangements have been made. Releasees are not responsible for any cancellations, delays, diversions, or substitutions of any element of Prize.
GOVERNING LAW/LIMITATIONS ON LIABILITY: The Contest shall be governed by and construed in accordance with the internal laws of the State of Pennsylvania, without giving effect to any conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Releasees shall 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), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, tsunami, war, fire, flood, explosion, volcanic eruption, 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 Releasees’ sole control.
DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Pennsylvania and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Pennsylvania. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
GENERAL: By participating in the Contest, entrants agree to release, discharge and hold harmless the Releasees from and against any and all claims they may have against Releasees for any and all injuries, claims, damages, losses, costs, or liability of any kind due to any injuries, damages or losses to any person (including death) or property of any kind, or expenses of any kind (including without limitation attorneys’ fees) resulting in whole or in part, directly or indirectly from acceptance, possession, use, or misuse of the Prize or element thereof, or participation in any Contest-related activity, or participation in this Contest. Each entrant further agrees to indemnify and hold harmless the Releasees from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Releasees and hereby acknowledge that Releasees have neither made nor are in any manner responsible or liable for any warranties provided exclusively by a supplier that may be sent along with the prize. Entrant further acknowledges that motorcycle riding is inherently dangerous and accepts all responsibility for participating in any part of any prize involving riding a motorcycle.
If for any reason this Contest is not capable of running as planned, or if this Contest or any web site or e-mail address associated therewith (or any portion thereof) becomes corrupted or does not allow the proper execution of the Contest and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof. In the event this Contest is cancelled, the Sponsor will conduct a random drawing to award the Prize from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR E-MAIL ADDRESS (INCLUDING THE ENTRY METHOD) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about who submitted an entry to the Entry Method, the entry will be deemed submitted by the authorized account holder of the account entered. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder associated with the winning entry and that all eligibility requirements are met.
WINNER LIST/OFFICIAL RULES REQUEST: Winners List will be available upon request by email to firstname.lastname@example.org (reference “$10K Horsepowered Holiday Giveaway 2022 Sweepstakes” in subject line).
This Contest is not in any manner sponsored, endorsed, administered by, or associated with Instagram, Facebook, Common Tread, Twitter, or any other social media platforms or methods of promotion used by Sponsor.
Prizes provided courtesy of Comoto Holdings, Inc.
© Comoto Holdings, Inc. 2022 All Rights Reserved.