Kevin Moranz, Supercross Star, Signed Helmet Giveaway
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW. By participating in this sweepstakes, you are providing your signature, consent and agreement to receive emails from Con-Air Industries the Sponsor of this promotion, and its affiliates. These emails may be related to the sweepstakes or may include promotional marketing content or may be sent for any other purpose as deemed necessary by Con-Air Industries. Participation constitutes Entrant's full and unconditional agreement to and acceptance of these Official Rules.
ENTRY PERIOD: The Kevin Moranz, Supercross Star, Signed Helmet Giveaway (the "Sweepstakes") begins on February 05, 2024 at 12:00 am (UTC) Coordinated Universal Time and ends on March 08, 2024 at 11:59 pm (UTC) Coordinated Universal Time ("Sweepstakes Period"). Sweepstakes is sponsored by Con-Air Industries.
SPONSOR: Con-Air Industries, at 4157 Seaboard Rd, Orlando, Florida, 32808 (the "Sponsor")
ADMINISTRATOR: Con-Air Industries, at 4157 Seaboard Rd, Orlando, Florida, 32808 (the "Administrator")
ELIGIBILITY: The Sweepstakes open only to natural persons who are legal residents of the 48 contiguous United States, including the District of Columbia, who are 21 years of age or older or have reached the age of majority in his or her state of residence as of the Sweepstakes start date ("Entrant"). Persons in any of the following categories are not eligible to participate or win a Prize: (a) persons who are employees or agents of the Sponsor, the Administrator, their respective parent companies, affiliates, divisions, prize providers, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors or retailers of the Sponsor's products; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Sweepstakes; or (d) employees of, persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories (collectively, "Released Parties"). All federal, state and local laws and regulations apply. For the purposes of this Sweepstakes, "immediate family members" is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses, and "persons living in the same household" shall mean people who share the same residence at least three (3) months a year, whether legally related or not. This Sweepstakes is void in Puerto Rico, Guam, American Samoa, all other United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law.
HOW TO ENTER: During the Sweepstakes Period eligible Entrants may enter the Sweepstakes in one of the following ways:
Sweeppea Website: By visiting http://supercrossjersey.sweeppea.com (“Website”), the Entrants will be instructed to complete and submit the Sweepstakes entry form. Each completed and confirmed entry form will generate one (1) Sweepstakes entry during the Sweepstakes Period. Additional Bonus Entries awarded as stated in the entry confirmation page show after entry.
Air Filters Delivered Website: By visiting https://www.airfiltersdelivered.com/pages/giveaway, the Entrants will be instructed to complete and submit the Sweepstakes entry form. Each completed and confirmed entry form will generate one (1) Sweepstakes entry during the Sweepstakes Period. Additional Bonus Entries awarded as stated in the entry confirmation page show after entry.
Free Entry – Digital Alternative Method of Entry (AMOE): Eligible Entrants may enter the Sweepstakes without submitting a testimonial video by visiting http://supercrossjersey-amoe.sweeppea.com and completing the form and uploading a clear and legible picture of the Entrant’s handwritten name, mailing address and four-digit code (found on form) on a #10 business-sized envelope and submitting the form. Each entry must have a new envelope. No mailing stamp required. Digital AMOE Entry envelope must be hand printed by the Entrant only. Non-winning Digital AMOE entries do not carry over to the next drawing period. All Digital AMOE entries become the property of the Sweepstakes Administrator and will not be returned or acknowledged. By participating, you consent for Sponsor to obtain, use, and transfer your name, address, and other entry information for the purpose of administering this Sweepstakes and for other purposes as set forth below. Each Digital AMOE entry will receive three (3) entries per Sweepstakes period. Limit, up to three (3) entries per Participant max. BONUS ENTRIES Social Media: After successfully entering the Sweepstakes, eligible Entrants may earn bonus entries by sharing the Sweepstakes in the Entrant’s personal social media accounts with friends and/or family that meet the Eligibility and minimum age requirements of an Entrant for this Sweepstakes or by following the designated social media accounts. To earn bonus entries, click on the Social Media button(s) and follow the instructions to receive the specified bonus Sweepstakes entry(ies). Sharing the Sweepstakes through any other means not offered, will not award bonus Sweepstakes entry(ies) to the Entrant. Should an Entrant choose to receive the bonus entries, there is no need to re-click the Social Media buttons each day they enter the Sweepstakes; the bonus entries will be automatically added to the Entrant’s original entry (“Original Entry”) throughout the Sweepstakes Period.
Entrants are required to use their personal Social Media account(s) for entry, and these accounts must be set to “unprotected” and/or “public,” remaining public until the winner announcement. Creating a Social Media account is free and subject to the terms and conditions of the respective Social Media platform. It's important to emphasize that no social media accounts are required for entering the Sweepstakes, and participants do not have to “Like,” “Follow,” “Share,” and/or “Favorite” to gain Sweepstakes entry. This Sweepstakes is in no way sponsored, endorsed, associated, or administered by any Social Media platform(s), including but not limited to Facebook, X Corp., Instagram, Pinterest, LinkedIn, Reddit, or TikTok.
Additional Requirements for Social Media Sharing: any referral link, social post, or message, should be shared exclusively with friends, and/or family, whom you reasonably believe would be interested in participating in the Sweepstakes and/or making a purchase from the Sponsor and who meet the Eligibility and minimum age requirements of an Entrant for this Sweepstakes. Violation of these requirements may result in voiding of all entries and disqualification from the Sweepstakes. When sharing the Sweepstakes referral link, post, message, or any purchase link(s) on social media, it is mandatory to include the hashtags “#AirFiltersDeliveredContest” and "#Sweepstakes" to disclose the "material connection" between the entrant and the Sponsor. This indicates that the entrant may receive entries into the sweepstakes by sharing the link(s). Failure to include the hashtags “#AirFiltersDeliveredContest” and/or "#Sweepstakes" will result in the Entrant not receiving the designated entries, even if the recipient of the referral has entered the Sweepstakes or made a purchase from the sponsor as per these Official Rules. Repeated omission of the hashtags “#AirFiltersDeliveredContest” and/or "#Sweepstakes" may lead to the voiding of all entries and disqualification from the Sweepstakes.
Website Purchase: A purchase is not required for Entry. After successfully entering the Sweepstakes, eligible Entrants may earn bonus entries for each approved purchase made on https://www.airfiltersdelivered.com/. Each approved purchase will grant one (1) additional bonus entry. Bonus entries from purchases will be automatically added to the Entrant's original entry throughout the Sweepstakes Period. Purchases made outside the Sweepstakes Period will not count toward earning a bonus entry. Purchases will not retroactively count towards bonus entries and Entrants must enter the Sweepstakes before a purchase will grant a bonus entry. The dollar amount of a purchase does affect odds of winning.
Video Testimonial: As an optional part of Entry, the Participant can submit link to video at http://supercrossjersey.sweeppea.com where the Participant records the Participant the answering, in a video format, the question “Why do you love Air Filters Delivered?” and gain five (5) additional bonus entries. All Entries submitted become the sole property of Sponsor. All Entries must meet the following guidelines: The entry and or video, and all elements of the entry must be the entrant’s original work and previously unpublished. Entry must not exceed thirty (30 sec.) seconds total running time. Entry must convey a positive experience with the Sponsor's brand. The entry must not violate the intellectual property rights of any third party. The video should not contain a trademark or logo of another company, nor any copyrighted materials such as music, photographs, or posters. Entrant must have purchased or obtained rights to any stock footage used in the video and must provide evidence thereof if drawn as a winner. The entry must be suitable for publication and publicity purposes as determined by Sponsor in its sole discretion. Entries must be in good taste and must not contain obscene or defamatory statements nor portray Sponsor or any third party in any way that might tend to subject them to public contempt, scandal, disrepute or ridicule. Entrant acknowledges that Sponsor may use entry without any compensation to entrant or persons appearing in the video, in any and all media, throughout the world, in perpetuity, including derivative works.
Additionally, the video must in whole or in part: i. be in keeping with the spirit of the Sweepstakes and in compliance with these Official Rules, including the Warranty and License sections below; ii. be relevant to the Sweepstakes and not be an attempt to use the Sweepstakes to advertise for another company or a third-party; not be obscene, indecent, or otherwise offensive (as determined by Sponsor in its sole discretion); not incorporate the image of any individual other than the entrant without such individual’s permission or parent/guardian’s permission for images of minors; not defame or invade the publicity or privacy rights of any person, living or deceased; not infringe, violate, or misappropriate any person’s or entity’s personal or proprietary rights (including copyrights, trademarks, or other intellectual property rights); not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends, family, or followers) through any means previously; not contain (i) any words, statements, or images considered offensive to individuals of any age, race, ethnicity, national origin, religion, sexual orientation, or other protected class, or who are disabled, (ii) any content that may be viewed as threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to any person, place, business, group, or entity, (iii) materials that promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on age, race, ethnicity, national origin, religion, sexual orientation or other protected class, or disability, (iv) any materials that depict or encourage illegal acts, are sexually explicit, libelous, obscene, violent, hateful, slanderous, (v) content not in keeping with Sponsor’s reputation and image; not be owned by a third-party and/or be subject of or to any restriction or right that would in any way limit Sponsor’s right to use the entry as permitted under these Official Rules. Entrant acknowledges that Sponsor may use entry without any compensation to entrant or persons appearing in the video, in any and all media, throughout the world, in perpetuity, including derivative works. The Sponsor reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any entries it determines to be inappropriate for any of the reasons listed above, or for any other reason.
Upon the successful submission of the completed and valid entry form, the Entrant will receive one (1) entry into the Sweepstakes. All entries must be received by no later than 11:59pm on the last day of the Sweepstakes Period to be eligible to win the prizes offered. Each Entrant is limited to a total of fifteen (15) entries during the Sweepstakes Period, regardless of the number of email address or mobile devices they may have. Administrator's computer is the official time keeping device for this Sweepstakes. Proof of e-mailing or texting does not constitute proof of delivery or entry. Any attempt to submit more than the maximum number of entries using multiple/different email addresses, mobile devices, identities or any other methods may void that entrant's entry. Entries generated by robotic, programmed, script, macro or other automated means will be disqualified. No other forms of entry are valid other than those set forth above. All entry information becomes the property of the Sponsor.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS SWEEPSTAKES. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS.
DRAWING AND NOTIFICATION: 1 potential winner(s) will be drawn randomly on or around March 19, 2024 at 01:00 pm Eastern Standard Time from among all eligible entries received during the Sweepstakes Period in accordance with these Official Rules through the entry methods offered ("Winner"). The potential Winner will be notified on or around March 20, 2024 at 05:00 pm Eastern Standard Time using the information provided in their entry. All drawings will be conducted by the Sponsor or Administrator whose decisions are final and binding in all matters relating to this Sweepstakes. The Sponsor or Administrator will randomly select the potential Winner at the drawing. The decisions of Sponsor are final and binding in all matters relating to the Sweepstakes. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. The winners will be notified by mobile phone, text message, or email and will be required to claim their Prize within five (5) days. If no response is received within the time allotted, one (1) alternate Winner will be selected. Any alternates selected will also be required to claim their Prize within five (5) days. Sponsor is not responsible for suspended or discontinued internet, land line, or wireless service which may result in potential Winner not receiving initial Prize notification or communication from Sponsor.
The Prizes are as follows (altogether collectively, the "Prizes" and each a "Prize")
PRIZE: One (1) Kevin Moranz Signed Helmet. The Approximate Retail Value (ARV) of the Prize(s) is $1,000.00
PRIZE CONDITIONS: By accepting any Prize, the Winner(s) agrees to release the Sponsor and the Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any Prize or resulting from acceptance, possession, or use/misuse of Prize awarded. No substitution or transfer of Prize or election of cash in lieu of Prize will be permitted, except by Sponsor. Prizes are awarded "as is" with no warranty or guarantee, either express or implied. The Sponsor reserves the right at its sole discretion to substitute any part of the Prize package with another Prize of equal or greater value in the event that the Prize (or any component thereof) is not available. Prize Winner will be required to complete and sign an Affidavit of Eligibility and Liability/Publicity Release form provided to them to be returned within five (5) days of written notification, or the Prize may be forfeited, and an alternate winner may be selected. Prize Winner will also be required to disclose their social security number for the purpose of issuance of a Form 1099-Misc for tax purposes. Winner is solely responsible for all applicable federal, state and local taxes and/or any other fees/costs associated with the Prize or receipt of the Prize. By accepting a Prize, Winners grant permission for Sponsor and those acting under its authority to use their name, and address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Web Site) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a Winner, your information may also be included in a publicly-available Winner's list. Limit one Prize per individual, household, street address, mobile number and/or email during any one (1) year period across Sponsor's promotions.
GENERAL RELEASES: By accepting a Prize, where permitted by law, the Winner grants to the Sponsor, its parent, subsidiaries and related companies, and those acting pursuant to the authority of Sponsor (which grant will be confirmed in writing upon Sponsor's request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation, in perpetuity, at any time the recipient's full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL SPONSOR, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, DEALERS, DISTRIBUTORS, SUPPLIERS, PRIZE PROVIDER AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S). By participating, entrants release and agree to hold harmless the Sponsor, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, dealers, distributors, suppliers, Prize provider and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). Winner acknowledges that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize. All entrants understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating entrants acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
DISCLAIMERS: By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify and hold harmless the Released Parties, Facebook, TikTok, X Corp., LinkedIn, Pinterest, Threads, Reddit, Snapchat, Whatsapp, Telegram, Instagram, or Momares, LLC and each of their respective directors, officers, employees, agents, successors and assigns ("Released Parties") from and against any and all claims, liability, costs (including attorneys' fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant's participation in the Sweepstakes; (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant's or any other person's equipment or other property, or to their persons; (iii) the Released Parties' violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. Without limiting the generality of the foregoing, Entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize's quality or fitness for a particular purpose. Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor or Administrator; interruption or inability to access any website, application or online service via the Internet due to hardware or software compatibility problems; any damage to Entrant's (or any third person's) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects, delay in delivery or misdelivery of mail by the United States Postal Service; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the internet service provider or the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor's ability to use the website or social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via email, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. For New Jersey Residents: nothing herein bars recovery of damages or attorneys' fees where mandated by statute.
LIMITATIONS OF LIABILITY: Administrator and Sponsor reserve the right, in their sole discretion, to modify, terminate or suspend this Sweepstakes (or any portion thereof) for any reason, including, but not limited to, viruses, worms, bugs, fraud, technical failures, non-authorized human intervention, or other causes corrupt or impair the administration, security, fairness or proper play of the Sweepstakes (or any portion thereof) or for any other reason and, in the event of termination at its discretion, select winners from those eligible, non-suspect entries received prior to event requiring such termination. Neither Sponsor nor Administrator assumes 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 wireless mobile device, wireless telephone network, wireless signal coverage 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, unavailability of the data provider, website, microsite, internet service provider, social media platform(s) used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY 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 over the identity of an Entrant, entry will be deemed submitted by the registered account holder of the email address and/or mobile phone number associated with the entry, provided that person is eligible. Prize Winner(s) may be required to show proof of being the registered account holder.
"Registered account holder" is defined as the person assigned to an email address by an Internet access provider, an organization responsible for assigning email addresses for the applicable domain, or to the responsible party associated with the account connected to the mobile number. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules and/or other instructions of Sponsor may be disqualified.
GOVERNING LAW: The parties agree that the Sweepstakes and these Official Rules will be governed, construed, and interpreted under the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Florida.
DISPUTE RESOLUTION: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (C) 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 FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) 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.
Entrant, Sponsor, and the Released Parties (each, a "Party" and collectively the "Parties") each agree to fully and finally settle all disputes pertaining to the Sweepstakes, administration of the Sweepstakes, and/or these Official Rules only through binding arbitration (in each case, a "Dispute"); provided, however, (a) Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in or closest to, Orlando, Florida 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 are 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 Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator in an arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. The arbitration may be conducted in person, through the submission of documents, by phone, or online.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the AAA, and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org, unless otherwise mutually agreed between the parties. If an in-person hearing is required, except as otherwise required by applicable AAA rules or applicable law, then it will take place in Orlando, Florida or other location determined by the Sponsor. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. 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 doesn't apply and the Dispute must be brought in a court of competent jurisdiction in Orlando, Florida. Sponsor agrees to pay the administrative and arbitrator's fees to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Orlando, Florida and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Sweepstakes be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and each Party also agree that each Party may bring claims against the other in arbitration only in their respective individual capacities and in so doing YOU WAIVE THE RIGHT TO A TRIAL BY JURY, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules or any other guidelines, instructions, policies, or term will not constitute a waiver of that provision.
Entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, Sponsor's Privacy Policy or Terms of Use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor's sole and absolute discretion.
Sweepea.com agrees to indemnify, defend, hold Con-Air harmless for any liabilities or losses arising from Sweepea.com’s failure to stay in compliance with any applicable state or federal laws in connection with the sweepstakes.
USE OF DATA: All information submitted by Entrant will be treated according to Sponsor's privacy policy, available at https://www.airfiltersdelivered.com/policies/privacy-policy. By participating in the Sweepstakes and providing your e-mail address and/or mobile phone number Entrant hereby agrees to Sponsor's collection and usage of their personal information and acknowledges that they have read and accepted Sponsor's Privacy Policy. For Canadian residents the personal information you are providing to enter this Sweepstakes will be used only to administer the promotion.
WINNERS LIST: For a Winner(s) List, visit http://supercrossjersey-winners.sweeppea.com no earlier than 30 days after the Sweepstakes has ended.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, TikTok, X Corp., LinkedIn, Pinterest, Threads, Reddit, Snapchat, Whatsapp, Telegram, or Instagram.
Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Sweepstakes.
ABBREVIATED RULES
NO PURCHASE NECESSARY. This Sweepstakes is open only to natural persons who are legal residents of lower 48 United States, including the District of Columbia, who are 21 years of age or older. Sweepstakes ends 03/08/2024. For entry and Official Rules visit http://supercrossjersey-winners.sweeppea.com Void where prohibited.
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