RZR GIVEAWAY OFFICIAL RULES
OFFICIAL RULES OF PROMOTION FOR RZR GIVEAWAY
NO PURCHASE IS NECESSARY TO ENTER THIS GIVEAWAY PROMOTION. THIS PROMOTION IS VALID ONLY IN THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA, AND SHALL BE CONSTRUED ACCORDING TO THE LAWS OF THE UNITED STATES. VOID IN AK, HI, CANADA, OR ANYWHERE ELSE WHERE SUCH PROMOTIONS ARE PROHIBITED. FURTHERMORE, THE PURCHASE OR ACCEPTANCE OF A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
- Details of Promotion. This promotion is operated by Scott Online Distributing, LLC, doing business as Black Market Performance (“BMP”). The promotion will give away a 2020 Polaris RZR Turbo S, MSRP $28,199.00 (the “RZR”). The RZR is available for viewing at BMP’s primary place of business located at 3662 South River Road, Unit A2, St. George, Utah 84790. Any images of the RZR depicted on BMP’s website are merely representative of the RZR and may not represent actual depictions of the RZR.
- Eligibility. The RZR giveaway is open only to legal residents of the 48 contiguous United States (excluding AK and HI) and the District of Columbia who are legally licensed drivers and legal age of majority in the state/territory in which they reside. Employees of BMP, its affiliates, subsidiaries, advertising, promotion partners and internet agencies, and each of their respective officers, directors, employees, and agents (collectively “Released Parties”) and their immediate family members (spouse, parent, child, sibling, and grandparent) and/or those living in the same household are not eligible to participate in the giveaway. The giveaway is void in the States of AK, HI, or any other areas where participation is prohibited. All federal, state, local, municipal, and local laws and regulations apply to determine eligibility. By participating in the Giveaway, entrants agree to be bound by these Official Rules. Winning the prize is contingent upon fulfilling all requirements set forth herein. If any person attempts to enter the giveaway but fails to satisfy the eligibility requirements, then that entrance will be deemed void.
- Promotion Period. The Giveaway period begins September 4, 2020 and ends at 11:59 pm (Mountain Time) on December 5, 2020 (the “Promotion Period”). BMP’s computer is the official time-keeping device for the Giveaway period.
- How to Enter. An eligible person may enter the Giveaway promotion in the following manner:
- Automatic entry via purchase. An eligible person will automatically receive one (1) entry for every $10 spent on eligible purchases at www.blackmarketperformance.com during the Promotion Period. Your purchase transaction must be received by 11:59 pm (Mountain Time) on December 5, 2020 to be eligible to receive entries. The number of entries you receive will be based on the list price of your eligible purchases (excluding sales tax and shipping charges) and will be rounded up to the nearest dollar. If a purchase is returned prior to the drawing, entry(ies) associated with that purchase will be voided. All purchases made are subject to BMP’s return policy. At the time of purchase, you may be required to acknowledge these Official Rules for Promotion of RZR Giveaway. Failure to acknowledge and agree to these Terms will void any entry made on account of purchases made.
During the Promotion Period, BMP may announce on www.blackmarketperformance.com and/or on its social media pages, opportunities to earn additional entries (“2X” entries, “5X entries, “10X entries or “bonus” entries), as follows:
- 2X Entries: You will earn two (2) entries for every $10 spent at www.blackmarketperformance.com (a “2X Entry Period”).
- 5X Entries: You will earn five (10) entries for every $10 spent at www.blackmarketperformance.com (a “5X Entry Period”).
- 10X Entries: You will earn ten (10) entries for every $10 spent at www.blackmarketperformance.com (a “10X Entry Period”).
- Bonus entries: BMP may announce opportunities to earn bonus entries (“Bonus Entry Period”). During a Bonus Entry Period, purchases at www.blackmarketperformance.com will earn an additional 100 bonus entries with a $30.00-49.99 purchase transaction, 250 bonus points with a $50.00-$99.99 purchase transaction, or 500 bonus entries for every purchase transaction of $100.00 or more. Bonus entries are expressly limited to 500 bonus entries per person, per Bonus Entry Period.
- Purchases of merchandise labeled “LIMITED” will receive an additional 250 entries. “LIMITED” merchandise may be available throughout the Promotion Period.
- Entry without any Purchase. NO PURCHASE IS REQUIRED TO ENTER THIS GIVEAWAY. To enter without making a purchase, on a plain piece of 3”x5” paper, hand print your complete first and last name, street address, city, state/territory, zip/postal code, date of birth (mm/dd/yyyy), email address, and telephone number including area code. Then, on the opposite side of your entry, in at least 25 words complete the sentence: “I want to win the RZR Giveaway because . . .” Mail your entry in a business-size envelope with first-class postage affixed, to: RZR Giveaway, c/o Black Market Performance, 3662 South River Road, Unit A2, St. George, Utah 84790. Your outer envelope must include a valid return address, which includes a complete first and last name. Mailed entries received without a verifiable and legible return address will be deemed incomplete and invalid. Limited to no more than one 3”x5” paper per outer-mailing envelope. Bulk shipments (multiple entries in one shipping package) will not be accepted. Mail-in entry, including outer-mailing envelope must be handwritten. No mechanically reproduced entries or metered mail permitted. Statements contained in mail-in entries will not be judged but must be unique. Statements must not in any way reflect negatively on BMP, the Promotion or any person or entity. Entries that are postmarked by December 5, 2020 and received by BMP by December 11, 2020 will be eligible for the random drawing. Each mail-in envelope will count as 5 entries, provided that the mail-in entry complies with the above requirements.
To earn 2X entries without purchase (10 entries per mail-in), follow the instructions above for your mail-in entry and hand-write the words “2X entry” on the lower right-hand corner of your outer-mailing envelope. Your mail-in entry must have a postmark date that corresponds to a 2X Entry Period and be received within 5 days of the 2X Entry Period’s deadline.
To earn 5X entries without purchase (25 entries per mail-in), follow the instructions above for your mail-in entry and hand-write the words “5X entry” on the lower right-hand corner of your outer-mailing envelope. Your mail-in entry must have a postmark date that corresponds to a 5X Entry Period and be received within 5 days of the 5X Entry Period’s deadline.
To earn 10X entries without purchase (50 entries per mail-in), follow the instructions above for your mail-in entry and hand-write the words “10X entry” on the lower right-hand corner of your outer-mailing envelope. Your mail-in entry must have a postmark date that corresponds to a 10x Entry Period and be received within 5 days of the 10X Entry Period’s deadline.
To earn 50 Bonus entries without purchase, follow the instructions above for your mail-in entry and hand-write the words “Bonus Entry” on the lower right-hand corner of your outer-mailing envelope. Your mail-in entry must have a postmark date that corresponds to a Bonus Entry Period and be received within 5 days of the Bonus Entry Period’s deadline. There is a limit of 500 Bonus entries per person/per Bonus Entry Period, regardless of method of entry.
In the event a postmark date falls on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day. 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.
- Random Drawing. A random drawing will select one (1) winner of the RZR Giveaway Promotion that will be conducted on December 15, 2020. The Giveaway will ONLY giveaway one (1) RZR, and thus, only one winner will be drawn. The random drawing will be conducted by _______________, an independent organization whose decisions are final. Odds of winning depend upon the number of entries received.
- Notification of Winner. The person selected in the drawing as the winner of the RZR Giveaway Promotion will be contacted by email, mail, and/or phone and will be required to complete and return the Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, and where lawful, a Publicity Release along with a copy of his/her valid drivers license (the “Documents”) within 3 days (including Saturdays, Sundays and Holidays) of attempted delivery of the same. The RZR Giveaway Winner will also be required to complete a W-9 Tax form. Failure to return the required Documents within the specified time, failure to respond to a notification or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate winner may be determined. In the event that any Winner is deemed ineligible, fails to comply with an eligibility requirement or is unable to claim the RZR Prize as specified, the RZR may be awarded to an alternate. The Prize is contingent upon eligibility verification and potential winner completing and returning all required Documents.
BMP assumes no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s email account to receive email messages.
- Prize and Approximate Retail Value. The RZR has an approximate retail value of $28,199.00. NO OTHER PRIZES WILL BE AWARDED PURSUANT TO THIS PROMOTION/GIVEAWAY.
The Winner will be solely and exclusively responsible for any applicable licensing, insurance, title and/or registration fees and any other expenses not specified herein, including but not limited to costs incurred by winner related to the acceptance, pick-up/transport or use of the Prize. Winner must agree to pick up the RZR at BMP’s principal place of business within thirty (30) days of notification of availability from BMP. Failure to take delivery within the thirty (30) days of availability could cause the Prize to be forfeited and awarded to an alternate. Winner will be solely and exclusively responsible for all costs and transportation for the Winner traveling to and from the pick-up location, and for any direct or indirect transportation or other costs incurred by the Winner to transport the RZR from the pick-up location to the Winner’s desired location. At the time of pick-up, and prior to driving the RZR, the Winner must have a valid drivers license which permits operation of the RZR in the Winner’s State or Territory and evidence any legally required insurance prior to taking delivery. In the event Winner is unable to take delivery of the RZR for any reason, winner will be disqualified and an alternate may be selected. BMP reserves the right to substitute a prize of equal or greater value at its sole discretion. THE WINNER MAY NOT SUBSTITUTE OR TRANSFER THE PRIZE PRIOR TO ACCEPTING DELIVERY OF THE SAME, AND NO THIRD-PARTIES WILL BE PERMITTED TO TAKE DELIVERY OF THE SAME FOR AND ON BEHALF OF THE WINNER.
Winner acknowledges that the RZR is being awarded “AS IS” without warranty of any kind from BMP, and that BMP has not made nor is in any manner responsible for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the RZR or the Giveaway, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Winner is responsible to ensure that the RZR meets all applicable regulations in his/her place of residence, including but not limited to safety, emissions, and off-road vehicle regulations.
The Winner will also be solely responsible for any applicable federal, state, and local taxes/duties and any expenses related to the acceptance and use of a prize not specified herein. The Winner will receive an IRS 1099 for the value of the prize as stated herein.
- Release. All Entrants, including the winner, agree to release, discharge and hold harmless Released Parties from and against any claim or cause of action or liability (including but not limited to, personal injury, death or damage to or loss of property) arising out of participation in the Giveaway or acceptance/receipt/travel to and/or from prize pick up location/use or misuse of the prize, and agree to be bound by the Official Rules set forth herein, and the decisions of BMP and/or BMP’s representatives, including all decisions regarding the drawing and the Prize, which are final. Acceptance of the Prize constitutes permission for BMP and its agencies to use winner’s name, image, and/or likeness for purposes of advertising and trade without further compensation, including a winners list, unless prohibited by law. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of the Official Rules, these Official Rules shall prevail, govern and control. BMP is not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the prize.
NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THEFULLEST EXTENT PERMITTED BY LAW.
Released Parties are not responsible for faulty, incorrect, undeliverable or mis-transcribed phone/e-mail/internet transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Promotion. BMP assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. BMP reserves the right to cancel or modify the Promotion if for any reason, the Giveaway is undermined by a 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 BMP/its agencies, in their sole discretion. In the event of termination, a notice will be posted online and a drawing to award the Prize will be conducted from among all eligible entries received prior to termination. 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 BMP. 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 BMP. BMP 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.
- Choice of Law. All questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and BMP in connection with this Giveaway, will be governed by and construed in accordance with the laws of the State of Utah without regard to its choice of laws or conflict of law provisions. To that end, this Giveaway is being conducted by BMP as a promotional activity that is ongoing for a limited period of time, is related to goods and services ordinarily provided by BMP in its business and related to marketing or advertisement of goods and services ordinarily provided in BMP’s business. Furthermore, no person is required to purchase any good or service from BMP’s business in consideration for participation in or an advantage in the promotional activity. It is the intent of these Official Rules to promote the RZR on terms that are commercially reasonable, and no gambling or fringe gambling is intended by this Promotion or the Giveaway.
CLAIMS MAY NOT BE RESOLVED THROUGH ANY FORM OF CLASS ACTION. By participating, Entrants irrevocably consent to the exclusive jurisdiction of the federal and state courts of Utah for any action, suit or proceeding arising out of or relating to this Giveaway. Entrant agrees that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including any costs associated with participation in this Giveaway but in no event attorneys' fees; and under no circumstances will Entrants/Winner be permitted to obtain awards for, and Entrants/Winner hereby waive all rights to claim, punitive, incidental and consequential damages or any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
- Identification of Winner. The name of the Winner will be announced at www.blackmarketperformance.com on or about December 20, 2020 or after the Winner has been verified and deemed to be eligible to receive the Prize.
- Promotion Established by: Black Market Performance, 3662 South River Road, Unit A2, St. George, Utah 84790.
- Party Responsible for Conducting Drawing: _________________________________
- Disclaimer. Manufacturer of the Prize offered is not a sponsor or participant in this Giveaway and no association or endorsement is implied.