Giveaway Rules

TRACKHAWK ULTIMATE DAILY GIVEAWAY

OFFICIAL RULES

 

NO PURCHASE NECESSARY. PURCHASE OR ACCEPTANCE OF

A PRODUCT OFFER WILL NOT IMPROVE YOUR CHANCES OF WINNING.

 

THIS PROMOTION IS VALID ONLY IN THE 48 CONTIGUOUS UNITED STATES (EXCLUDES AK & HI), THE DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC) AND SHALL BE CONSTRUED ACCORDING TO UNITED STATES LAW.

VOID IN THE STATES OF ALASKA & HAWAII, IN THE PROVINCE OF QUEBEC & WHERE PROHIBITED.



BY ENTERING OR OTHERWISE PARTICIPATING IN THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT REQUIRES YOU TO INDEMNIFY AND RELEASE ALL CLAIMS AGAINST THE RELEASED PARTIES AND TO AGREE TO ARBITRATION WITH NO CLASS RELIEF AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. 

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION WITH NO CLASS RELIEF.

 

  1. ELIGIBILITY:  The Trackhawk Ultimate Daily Giveaway presented by Cleetus McFarland (the “Giveaway” or “Promotion”) is open only to legal residents of the 48 contiguous United States (excludes Alaska and Hawaii), the District of Columbia and Canada (excluding Quebec) who are licensed drivers and legal age of majority in their jurisdiction of residence. Employees of GForce Media LLC (the “Sponsor”), its affiliates, subsidiaries, advertising, promotion partners and internet agencies, and each of their respective officers, directors, and agents (collectively "Released Parties") and their immediate family members (spouse, parent, child, sibling, and grandparent) and/or those living in the same household of each are not eligible. The Giveaway is void in the states of Alaska and Hawaii, in the province of Quebec, and where prohibited. All federal, state, provincial, municipal and local laws and regulations apply. By participating in the Giveaway, entrants agree to be bound by these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

  1. PROMOTION PERIOD:  The Giveaway begins on November 1, 2023 and ends at 11:59:59 PM ET on December 8, 2023 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.

 

  1. TWO WAYS TO ENTER:  

 

  1. Via an Online Purchase:  Internet connection required. During the Promotion Period, eligible entrants will receive one (1) entry for every $5.00 USD spent on eligible purchases made online at www.CleetusMcFarland.com/store, including NEW Cleeter Crew yearly subscriptions and monthly FRDM+ PPV subscriptions purchased at https://frdmplus.com (the “Website”). Existing Cleeter Crew subscribers will automatically receive 1 entry into this Giveaway. The number of entries you receive will be based on the list price of your eligible purchase (excludes discounts, sales tax, and shipping charges) and will be rounded up to the next U.S. five-dollar increment. Purchasers of gift cards will receive one entry for every $5 spent, based on the face value amount of the gift card purchased, e.g., a $50 gift card purchase will garner 10 entries. Purchases made using a gift card are not eligible to receive entries; however, a purchase that exceeds the gift card value will be eligible to receive entries based on the balance due after the gift card is applied to the item purchased (e.g., a $100 eligible purchase using a $50 gift card will garner 10 entries). If a purchase is returned prior to the drawing, entry/ies associated with that purchase will be voided. All purchases are subject to Sponsor’s return policy. Your purchase transaction must be received by 11:59:59 PM ET on December 8, 2023 to be eligible to receive entries.  No limit on the number of entries received with a purchase. By entering via the Website, you consent to receive email communications from the Sponsor.  

 

ENTRY MULTIPLIER: Throughout the Promotion Period, Cleetus may announce opportunities to increase the number of automatic online purchase entries you may earn by a multiplier, e.g., (2X), (5X), (10X) (each an “Entry Multiplier”). When an Entry Multiplier is offered, entries will be multiplied by the applicable Entry Multiplier. For example, a $60 purchase during a 10X Entry Multiplier offer will earn 120 entries. Timing for an Entry Multiplier offer will be determined solely by the Sponsor and will be announced by the Sponsor/Cleetus on the Website and/or its social media pages.

 

  1. No Purchase Required Mail-In Method of Entry: To receive five (5) entries without making any kind of purchase, on a plain piece of 3”x5” paper, hand print your complete first and last name, street address, city, state/province/territory, zip/postal code, date of birth (mm/dd/yyyy), e-mail address plus daytime telephone number including area code. Mail your entry in a #10 business-size envelope with first-class postage affixed to:  Trackhawk Ultimate Daily Giveaway Entry, POB 698, Syosset, NY 11791-0698 USA. Your outer-mailing 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. Limit one entry 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. Entries that are postmarked by December 9, 2023 and received by December 14, 2023 will be eligible for the drawing. Each mail-in entry will count as five (5) entries, provided that the mail-in entry complies with the above requirements. There is no limit on the number of mail-in entries an entrant can submit.

 

To receive additional entries during an Entry Multiplier offer without making a purchase, follow the instructions for mail-in entries above, and hand write the words “ENTRY MULTIPLIER” and the Entry Multiplier (as described above) being offered on the bottom right-hand corner of the envelope. Your mail-in entry must have a postmark that corresponds to the date an Entry Multiplier is offered and received within 5 days of the offer’s deadline. If an Entry Multiplier offer ends on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day and received within 5 days of the offer deadline. Each mail-in entry received that complies with all the above requirements will receive the applicable number of entries for the respective multiplier that is offered (e.g., ENTRY MULTIPLIER 5X = 25 entries, per mailing envelope, etc.). 

 

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; requests for confirmation of receipt of mail-in entries will not be acknowledged. 

 

  1. RANDOM DRAWING: A random drawing to select one (1) winner will be conducted on or about December 15, 2023 from among all eligible entries received. The random drawing will be conducted by Marden-Kane, Inc. (the “Administrator”), an independent judging organization whose decisions are final. Odds of winning a prize will depend on the number of eligible purchase and mail-in entries received.

 

  1. WINNER NOTIFICATION:  Prize award is subject to eligibility verification. The potential winner will be contacted by email and/or phone by the Administrator and will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, and where lawful, a Publicity Release along with a copy of his/her valid driver’s license (expired or suspended licenses are not considered valid); Canadian residents must also correctly answer a time limited mathematical skill-testing question (without assistance of any kind, mechanical or otherwise); if winner is a U.S. resident, he/she will be required to complete and return a W-9 Tax form (collectively “Documents”). All required Documents must be returned within 3 days (including Saturdays, Sundays and Holidays) of attempted delivery of same. Failure to return required Documents or respond to a notification within the time specified or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate winner will be selected. In the event a potential winner is deemed ineligible, fails to comply with the Official Rules or is unable to claim the prize as specified, the potential winner will be disqualified, and an alternate winner will be selected. Prize award is contingent on eligibility verification and potential winner completing and returning all required Documents. Only three (3) random drawings to select an alternate winner (if necessary) will be conducted, after which the applicable prize will remain unawarded.

 

SCAM ALERT - Protect yourself from scams. If you are selected as a potential winner in one of our Giveaways, our Administrator, Marden-Kane will contact you via the phone number and/or the email address you provided on your order/mail-in entry form. You will NEVER be asked to provide a credit card, bank information or a payment of any kind as a condition of a prize award. Those are sure signs of sweepstakes scams.  We do NOT use social media to contact winners of the giveaways we offer.  Prize winnings must be reported to the IRS by U.S. winners when filing your tax returns, and any federal or state income taxes would need to be paid by you directly to the IRS. For more information, visit http://www.mardenkane.com/scammer-alert and/or Scam Alerts | FTC Consumer Information

 

  1. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”) STATED IN U.S. DOLLARS (USD):  One (1) Grand Prize – a 2020 Jeep Grand Cherokee Trackhawk valued at approximately $80,000 and $20,000 which will be awarded in the form of a check. The ARV of the Grand Prize is $100,000 USD.

 

Additional prize disclosures: Winner will be solely responsible for any applicable licensing, insurance, title and registration fees and any other expenses not specified herein, including but not limited to costs incurred by winner related to the acceptance, pickup/transport or use of the prize. Winner must agree to pick up the prize at a Sponsor-specified location in Bradenton, Florida within thirty (30) days of notification of availability from the Sponsor; failure to take delivery within 30 days of availability could cause the prize to be forfeited and awarded to an alternate. Winner must possess required travel documents (e.g., a government-issued ID, passport), as applicable. Winner must have a valid driver’s license which permits operation of the prize vehicle in the winner’s state/province/territory of residence and evidence of legally required insurance prior to taking delivery. In the event winner is unable to take delivery of the prize, winner will be disqualified, and an alternate winner may be selected. Sponsor reserves the right to provide a prize of equal or greater value at its sole discretion. No substitutions or transfer of prize by winner permitted. Grand Prize winner bears all risk of loss, damage or theft to their prize after obtaining ownership and Sponsor will not replace it. 

 

Photographs of the prize in any media are for illustrative purposes only and may not be the actual model to be awarded. All details and restrictions for the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.

 

The prize will be awarded “AS IS” without warranty by Sponsor of any kind. Winner acknowledges that Sponsor 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 any component of the prize offered in this Giveaway, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Prize vehicle may not meet safety or emissions testing required in some states, and/or counties/municipalities. Winner is responsible to check their state/province/territory/county for applicable emissions requirements and safety inspection requirements prior to accepting the prize and must use the prize in accordance with those regulations. 

 

Prize consists of only the item specifically listed as part of the prize. Winner will be solely responsible for any applicable federal, state, and local taxes/duties and any other expenses related to the acceptance and use of the prize not specified herein. The value of the Prize is taxable as income; if the Grand Prize winner is a resident of the U.S., the winner will receive an IRS form 1099 for the total value of the prize as stated herein. In no event will more than the stated number of prizes be awarded.

 

  1. RELEASE:  Entrants/winner agree to release, discharge and hold harmless Released Parties, YouTube, and their respective successors and assigns 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, or the use of any Giveaway-related photo/video/entry, and agree to be bound by the Official Rules and the decisions of the Sponsor and/or Sponsor’s representatives, which are final. Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winner’s name 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, the Official Rules shall prevail, govern and control. Sponsor 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. 

 

By accepting a prize, winner understands and agrees that he/she may be videotaped, recorded and/or photographed as part of a prize award ceremony. Rights to any prize ceremony video, audio and/or photo belong solely to the Sponsor and can be used in any media throughout the world in perpetuity and in any manner at Sponsor’s sole discretion, without further review, notice, approval, consideration or compensation to the winner or any third party.

 

  1. 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 THE FULLEST EXTENT PERMITTED BY LAW. Released Parties are not responsible for faulty, incorrect, undeliverable or mistranscribed 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. Sponsor 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. Sponsor reserves the right to cancel or modify the Promotion if for any reason, the Giveaway is undermined by any event beyond the Sponsor’s control, including but not limited to fire, flood, epidemic/pandemic, labor dispute or strike, act of God or public enemy, or any 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 Sponsor/it’s agencies, in their sole discretion. In the event of termination, a notice will be posted online and a drawing to award the Grand Prize will be conducted from among all eligible entries received prior to termination. The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, epidemic/pandemic, act of public enemies or any act outside of the Sponsor’s control/force majeure event, will not be considered a breach of these Official Rules. 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 Sponsor. 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 Sponsor. Sponsor 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.

 

PLEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION. These Official Rules contain terms that govern how claims relating to this Promotion will be resolved. For example, they include an arbitration agreement and waiver of a class action that require submitting Promotion-related claims to an arbitrator (instead of going to court before a judge or jury). They also limit the ability to bring claims on behalf of other persons (that is, it prohibits bringing any class action or collective or representative proceeding). The Official Rules also limit the type of damages that can be recovered. Please read these terms carefully as they impact your legal rights and, by participating in the Promotion, you are agreeing to the terms. 

 

  1. CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: This Promotion is offered only in the 48 contiguous United States (excluding the states of AK and HI), the District of Columbia, and Canada (excluding Quebec) and is governed by the laws of the State of Florida. Sponsor's failure to enforce any terms of these Official Rules shall not constitute a waiver of that or any other provision. By entering, entrants irrevocably consent to the dispute resolutions stated below as well as to the sole and exclusive jurisdiction of the courts of the State of Florida in a county determined by the Sponsor for any action, suit or proceeding arising out of or relating to this Promotion. Entrant agrees that whenever you have a disagreement with Administrator or Sponsor arising out of, connected to, or in any way related to the Promotion, the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy, you will send a written notice to the Sponsor (“Demand”). Entrant agrees that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before entrant accepted these Official Rules or the Sponsor's and/or Administrator's Privacy Policy. Entrant must send the Demand to the following address (the “Notice Address”): GForce Media LLC, 3809 Lorraine Road, Bradenton, FL 34211, Attention; Legal Department. Entrant agrees that entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after entrant sends a Demand. If the disagreement stated in the Demand is not resolved to entrant’s satisfaction within 10 business days after it is received, and entrant intends on taking legal action, entrant agrees that it will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of entrant, Administrator, and Sponsor to litigate claims in court and entrant, Administrator and Sponsor each agree to waive their respective rights to a jury trial or a state or federal judge. Entrant agrees that it will not file any lawsuit against Administrator or Sponsor in any state or federal court. Entrant agrees that if it does sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, entrant must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, entrant must provide proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, entrant may file its case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any dispute it has with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be in the State of Florida. Entrant agrees that it will not file a class action or collective action against Administrator or Sponsor, and that entrant will not participate in a class action or collective action against them. Entrant agrees that it will not join its claims to those of any other person. Notwithstanding any other provision in the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances does entrant, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with entrant to arbitration before the Arbitrator. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor’s in connection with the Promotion, shall be governed by, and construed in accordance with, 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. This arbitration provision shall survive conclusion, modification or termination of the Promotion and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of the parties relating to or arising from participation in the Promotion.

 

  1. PRIVACY:  Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Giveaway for the purposes of administering the Giveaway and prize fulfillment. By participating in this Giveaway, entrants consent to such collection, use, and disclosure of your personal information. Information collected from participants is subject to Sponsor’s privacy policy

 

  1. WINNERS LIST:  The name of the winner will be announced on Cleetus McFarland’s YouTube channel and/or on the Website on or about December 28, 2023, or after the Grand prize winner has been verified. 

 

SPONSOR:  GForce Media LLC, 3809 Lorraine Road, Bradenton, FL 34211. Mail-In entries will not be accepted at this address.

ADMINISTRATOR:  Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416.

The manufacturer of the prize(s) offered are not Sponsors or participants in this Giveaway and no association or endorsement is implied.

This Promotion is in no way sponsored, endorsed or administered by, or associated with YouTube.

 

Copyright 2023 Marden-Kane Inc.  All rights reserved.  Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the entrant’s personal use only.