Giveaway Rules

JH MINI TRUCK GIVEAWAY

OFFICIAL RULES

 

THIS PROMOTION IS VALID ONLY IN THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA

VOID IN AK, HI & WHERE PROHIBITED. NO PURCHASE NECESSARY. PURCHASE OR ACCEPTANCE OF

A PRODUCT OFFER WILL NOT IMPROVE YOUR CHANCES OF WINNING.

 

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 JH Mini Truck Giveaway presented by Cleetus McFarland (the “Giveaway” or “Promotion”) is open only to legal residents of the 48 contiguous United States (excludes AK and HI) or the District of Columbia who are licensed drivers and legal age of majority in their jurisdiction of residence. Employees of GForce Media LLC (the “Sponsor”), JH Diesel, 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, and where prohibited. All federal, state, 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 October 21, 2022 and ends at 11:59:59 PM ET on November 11, 2022 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.

 

  1. TWO WAYS TO ENTER:

 

  1. Automatic Entry via an Online Purchase: Internet connection required. During the Promotion Period, eligible entrants will automatically receive one (1) entry for every $5 spent on eligible purchases of JH Diesel merchandise/product items* made online at www.CleetusMcFarland.com/store (the “Website”). 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 five-dollar increment. 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 November 11, 2022 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.

 

* ONLY PURCHASES OF JH DIESEL MERCHANDISE/PRODUCTS ARE ELIGIBLE TO EARN ENTRIES. Purchases of Cleetus McFarland merchandise will NOT earn entries.

 

  1. No Purchase Required Mail-In Method of Entry: To receive three (3) 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, zip code, date of birth (mm/dd/yyyy), e-mail address plus daytime telephone number including area code. Then, on the opposite side of your entry, in at least 20 words complete the sentence: “I want to win the JH Mini Truck Giveaway because…”. Mail your entry in a #10 business-size envelope with first-class postage affixed to: JH Mini Truck Giveaway Entry, POB 698, Syosset, NY 11791-0698. 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. Statements contained in mail-in entries will not be judged but must be unique. Statements must not in any way reflect negatively upon Sponsor, the Promotion or any other person or entity. Entries that are postmarked by November 12, 2022 and received by November 17, 2022 will be eligible for the drawing. Each mail-in entry will count as three (3) entries, provided that the mail-in entry complies with the above requirements.

 

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 MULTIPLYER 5X = 15 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 November 18, 2022 from among all eligible purchase and non-purchase mail-in 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: 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 and will be required to complete a W-9 Tax form (collectively “Documents”). All completed 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 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”): One Prize – a 1995 Honda ACTy valued at approximately $6,000 (total ARV of the Prize is $6,000).

 

Additional disclosures for the Prize: 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 have a valid driver’s license which permits operation of the prize vehicle in the winner’s state 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 Grand Prize in any media are for illustrative purposes only and may not be the actual model to be awarded. All details and restrictions of the prizes 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/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 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 and winner will receive an IRS form 1099 for the total value of the Prize selected 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 sweepstakes/giveaway-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 Giveaway you are agreeing to the terms.  

 

  1. CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: This Giveaway is offered only in the 48 contiguous United States and the District of Columbia and is governed by the laws of the State of Florida. 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 located in the county of Manatee for any action, suit or proceeding arising out of or relating to this Giveaway.

a. Any dispute or claim between you, on the one hand, and Sponsor or Administrator, their parents, subsidiaries, affiliates, agents, employees, and assigns, on the other hand (“Claims”) will be resolved exclusively by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Further, you will not have the right to participate as a representative or a member of a class of claimants. However, except as excluded in Section 9 (f), an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

    1. Claims include, without limitation, (1) Claims related to or arising out of any aspect of any relationship between you and Sponsor; or Administrator and (2) Claims relating to the construction, scope, applicability, or enforceability of this arbitration agreement. Claim has the broadest possible meaning and includes disputes based on contract, tort, consumer rights, fraud or other intentional torts, statutes, regulations, common law, or equity. Notwithstanding the foregoing, “Claim” does not include an action solely to enjoin infringement or other misuse of intellectual property rights, which may be filed in court.

    2. You, Sponsor, and Administrator agree to provide written notice of any Claim and attempt in good faith to resolve the dispute before beginning an arbitration proceeding. Notice to Sponsor shall be sent to the Sponsor’s address noted below. Notice to Administrator shall be sent to the attention of the Compliance Department at the address noted below. If the dispute cannot be resolved within 30 days of providing written notice, any party may initiate an arbitration.

    3. The arbitration will be administered by JAMS. The JAMS arbitration rules can be obtained at www.jamsadr.com or 1-800-352-5267. The arbitration will be decided by a single arbitrator selected in accordance with JAMS rules. The arbitrator will take reasonable steps to protect proprietary and confidential information. At your or Sponsor’s request, the arbitrator will issue a reasoned written decision explaining the basis for the award.

    4. No class action, private attorney general, or other representative claims may be pursued in arbitration. Unless agreed in writing, claims of two or more people cannot be joined or consolidated in the same arbitration.

    5. An arbitration award is limited to actual damages. The arbitration award shall not include statutory damages, disgorgement of profits, lost profits, consequential damages, or punitive damages.

    6. This Promotion involves interstate commerce and these Official Rules and any arbitration proceedings are governed by the Federal Arbitration Act. Any Claim or other dispute between the parties will be governed by these Official Rules and the laws of the state of Florida and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

 

  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 Prize Winner will be announced on Cleetus McFarland’s YouTube channel and/or on the Website on or about November 26, 2022, 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.

 

Manufacturer of the Prize offered is not a Sponsor or participant 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 2022 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.