The Cars & Bids Enthusiast Car Challenge – 2024 Car Giveaway Official Rules
BY ENTERING OR OTHERWISE PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO PLEASE READ THEM CAREFULLY BEFORE ENTERING. THIS CONTRACT REQUIRES YOU TO INDEMNIFY AND TO RELEASE ALL CLAIMS AGAINST THE SPONSOR (AS DEFINED BELOW). BY ENTERING THIS PROMOTION, YOU ARE AGREEING TO MANDATORY, BINDING ARBITRATION WITH NO CLASS RELIEF, AND TO A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING ANY DAMAGES THAT YOU MAY RECOVER.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT, OR ACCEPTANCE OF A PRODUCT OFFER, WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THIS PROMOTION IS VALID ONLY IN THECONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA. VOID IN WHOLE OR IN PART IN NEW YORK, ALASKA, HAWAII, PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, OVERSEAS MILITARY INSTALLATIONS AND WHEREVER ELSE PROHIBITED BY LAW. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM, INCLUDING WITHOUT LIMITATION X (FORMALLY TWITTER), YOUTUBE, FACEBOOK, AND INSTAGRAM FROM META.
ELIGIBILITY: The Cars & Bids Enthusiast Car Challenge – 2024 Car Giveaway (the “Promotion”) is open only to legal permanent residents, (having either a social security number [SSN] or tax identification number [TIN]), of the contiguous United States (excludes New York, Alaska and Hawaii) and the District of Columbia who are licensed drivers and have reached the age of majority in their state of residence (residents of Alabama and Nebraska must be 19 years of age or older; residents of Mississippi must be 21 years of age or older; and 18 years of age or older in all remaining states and the District of Columbia; to be age of majority) at time of entry. Employees of Cars & Bids (the “Sponsor”), their respective affiliates, subsidiaries, advertising, prize providers, promotion partners and internet agencies, and each of their respective officers, directors, and agents (collectively, the "Promotion Entities") and their immediate family members (spouse, parent, child, sibling, and grandparent) and/or those living in the same household of each are not eligible to participate in the Promotion. By participating in the Promotion, entrants agree to be bound by these Official Rules. Winning a prize is contingent upon fulfilling all requirements described in these Official Rules.
An entrant may be disqualified at Sponsor’s sole discretion. All decisions of the Sponsor will be final and binding including, but not limited to, the Sponsor’s right to verify eligibility, to interpret these Official Rules, and to resolve any disputes relating to this Promotion at any time. Sponsor may disqualify any individual found to be tampering with the entry process or the operation of the Promotion or any website of the Sponsor or website used in connection with the Promotion; to be acting in violation of these Official Rules; using multiple accounts to increase their chances of winning; or be acting in an unsportsmanlike or disruptive manner or to annoy, abuse, threaten, or harass any other person and void all associated entries. Use of script, “bots”, viruses, bugs, macro, or other automated system to submit entries or to impair the integrity of the Promotion is prohibited, and all such entries will be void.
PROMOTION ENTRY PERIOD: The Promotion begins at 12:00:00 a.m. (midnight) Pacific Time (“PT”) on November 14, 2024, and ends at 11:59:59 p.m. PT on December 9, 2024 (the “Promotion Entry Period”). Sponsor’s computer is the official timekeeper for this Promotion.
HOW TO ENTER:
Online Merchandise Purchase: During the Promotion Entry Period, entrants will receive one entry for every $1 spent on merchandise on https://merch.carsandbids.com/. There will be a limit of 1,000 entries allowed per person per email address for the entire Promotion Entry Period. Entries over this limit will not be eligible in the Promotion and will be voided. All eligible entries must be received during the Promotion Entry Period.
If any of the merchandise items purchased are returned prior to the drawing, entry/ies associated with that purchase will be voided. All purchases are subject to Sponsor’s return policy found at: https://merch.carsandbids.com/pages/returns-exchanges-and- refunds. ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS PROMOTION IS STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES WITH THE INTENT TO RETURN THESE ITEMS AFTER THE PROMOTION ENDS. IF THE SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR ANY OTHER FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY FURTHER PROMOTIONS OFFERED BY THE SPONSOR. Your purchase transaction must be completed by 11:59:59 p.m. PT on December 9, 2024. During the Promotion Entry Period, entrants will also have the opportunity to opt-in to receive further email communications from the Sponsor. Entrants are not required to opt-in for this service in order to participate in this Promotion and opting-in will not increase your chances of winning. If an entrant chooses to opt-in, the entrant thereby grants the Sponsor permission to send him/her future communications regarding services, incentives, offers, promotions, or other messaging related to the Sponsor’s services and products, from which an entrant can unsubscribe from at any time. Eligible purchases as described in these Official Rules will be entered into a random drawing for the grand prize.
No Purchase Required - Free Mail-in Alternative Method of Entry: To receive twenty- five (25) entries without making any kind of purchase or payment, on a plain piece of paper, write or 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 mail your entry in a #10 business-size envelope with first- class postage affixed, to: Cars & Bids, 4075 Park Blvd, Suite 102-375, San Diego, CA 92103. Your outer-mailing envelope must include a valid return address, which includes your 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. Entries that are postmarked by December 9, 2024 and received by December 13, 2024 will be eligible for the drawing. Each mail-in entry will count as twenty-five (25) entries, provided that the mail-in entry complies with the above requirements.
There will be a limit of 1,000 entries allowed per person per mailing address for the entire Promotion Entry Period. Entries over this limit will not be accepted and will be voided.
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. Sponsor is not responsible for lost, late, illegible, mutilated, misdirected, postage-due entries or entries not received by the deadline. All material submitted becomes the property of Sponsor and will not be returned. No correspondence will be acknowledged or entered into; requests for confirmation of quantity and/or receipt of mail-in entries will not be acknowledged.
RANDOM DRAWING: A random drawing to select one (1) potential Grand Prize winner will be conducted on or about December 17, 2024, from among all eligible purchase and non- purchase entries received. Odds of winning prize will depend solely on the number of eligible purchase and non-purchase entries received. This is a randomized drawing that is not intended to and should not influence any decisions or actions for the benefit of the Sponsor. The Promotion is in compliance with all applicable anti-corruption laws and regulations.
PRIZE: One (1) Grand Prize: One (1) winner will receive the choice of one of the following-: (i) 2013 Porsche Cayenne, (ii) 2005 Chevrolet Corvette, or (iii) 2002 BMW M5
Approximate Retail Value of each prize: $21,000.
WINNER NOTIFICATION: The potential Grand Prize winner will be contacted by email and/or phone by the Sponsor 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 the “Documents”). All completed Documents must be returned within five (5) days (including Saturdays, Sundays, and Holidays) of attempted delivery of same. If a potential winner cannot be contacted or if he/she fails to sign and return required Documents or respond to a notification within the time specified, or return of any prize/prize notification as undeliverable, or 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 potential winner will be selected from all remaining eligible entries. Prize award is contingent on eligibility verification and all potential winners completing and returning all required Documents. If Sponsor, or independent judging organization or Administrator acting on Sponsor’s behalf, is unable to determine and verify a potential winner after repeated alternate drawings, or if they fail to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award the prize.
SCAM ALERT – Protect yourself from scams. If you are selected as a potential winner in one of our promotions, the Sponsor 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. We do NOT use social media to contact winners of the promotions.. For more information, visit Scam Alerts | FTC Consumer Information: https://consumer.ftc.gov/scams
ADDITIONAL DISCLOSURES FOR THE PRIZE: Grand Prize Winner will be solely responsible for any federal, state and local taxes and all fees and expenses related to acceptance of the Grand Prize not specified as paid by Sponsor herein, including licensing, insurance, title and registration fees costs incurred by winner related to the acceptance, pickup/transport or use of the Grand Prize, gasoline and vehicle maintenance, and any and all other expenses related to acceptance and use of the Grand Prize, including, but not limited to, incidentals, tariffs or duties, surcharges, service charges, or charges and expenses associated with travel required to pick up the Grand Prize. The value of the Grand Prize is taxable as income and Grand Prize winner will receive an IRS form 1099-Misc for the total value of the Grand Prize, as stated herein. Grand Prize winner must agree to pick up the Grand Prize at a Sponsor-specified location within thirty (30) days of notification of availability from the Sponsor; failure to take delivery within 30 days of availability could cause the Grand Prize to be forfeited and awarded to an alternate winner. Grand Prize winner will be responsible for all aspects of operating the automobile prize. Sponsor will not have any liability with respect to any subsequent traffic violations or crimes committed by the winner or any operator of the automobile. Grand Prize 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 and may be required to provide proof of such documentation, as well as taxpayer identification numbers, prior to being confirmed as winner.
Prizes cannot be substituted, assigned, transferred or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at Sponsor’s discretion. Sponsor is not responsible for any delay or cancellation of the Grand Prize delivery due to unforeseen circumstances or those outside of Sponsor’s control. Grand Prize winner bear all risk of loss, damage or theft to their prize. Photographs of a prize in any media are for illustrative purposes only and may not be the actual model or item to be awarded. All details and restrictions of the Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.
LIMITATION OF LIABILITY. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZES AND THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY BY SPONSOR OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUTNOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WINNER ACKNOWLEDGES THAT SPONSOR HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY COMPONENT OF THE PRIZES OFFERED IN THIS PROMOTION, INCLUDING BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE, AND THE GRAND PRIZE VEHICLE MAY NOT MEET SAFETY OR EMISSIONS TESTING REQUIRED IN SOME STATES, AND/OR COUNTIES/MUNICIPALITIES. GRAND PRIZE WINNER IS RESPONSIBLE FOR CHECKING THEIR STATE/COUNTY FOR APPLICABLE EMISSIONS REQUIREMENTS AND SAFETY INSPECTION REQUIREMENTS PRIOR TO ACCEPTING THE GRAND PRIZE AND MUST USE THE GRAND PRIZE IN ACCORDANCE WITH THOSE REGULATIONS. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
TECHNICAL LIABILITY. The Sponsor is 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. The Promotion Entities assume 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 email client or for insufficient space in user's e-mail account to receive e-mail.
LIABILITY RELEASE. Entrants/winners agree to release, discharge and hold harmless the Promotion Entities and their respective affiliates, parents, subsidiaries, advertising and promotion partners and internet agencies, and each of their respective officers, directors, and agents, successors and assigns from and against any claim or cause of action or liability for any injuries, losses or damages of any kind (including but not limited to, personal injury, death, damage to property, or loss of property) arising in whole or in part, directly or indirectly, out of entry into or participation in the Promotion, or acceptance/receipt/travel to and/or from Grand Prize pick-up location, use, misuse, acceptance of, receipt of, or possession of the Grand Prize, or the use of any Promotion-related photo, video, and/or entry, or for any claims based on publicity rights, defamation or invasion of privacy. The Promotion Entities are not responsible if the Promotion cannot be administered or conducted as planned and/or any of the prizes cannot be awarded due to cancellations, delays, or interruptions resulting or arising from acts of god, war, or terrorism, civil unrest, strikes, supply shortages, natural disasters, weather, pandemics, epidemics, compliance with any law or order of a governmental authority, or any other similar act, event or occurrence beyond the reasonable control of the Sponsor. The Promotion Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize.
PUBLICITY RELEASE: Except where prohibited by law, acceptance of a prize constitutes permission for the Sponsor to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including, but not limited to, the world wide web, at any times or times, winners’ name and/or likenesses, entries, pictures, voices, comments and biographical information (including, but not limited to, hometown and state), prize information, quotes attributable to winner, and any other elements of winners’ persona for advertising, trade and promotional purposes (including the announcement of their name in any form of video broadcast), for purposes of advertising and trade without further consideration, compensation, permission or notification, publication in a winners’ list or in a list to be used by Sponsor and its designees and its partners.
By accepting the Grand 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.
RIGHT TO TERMINATE OR MODIFY PROMOTION: Sponsor reserves the right to cancel or modify the Promotion if for any reason, the Promotion (or any part of it) cannot be run as described in these Official Rules or otherwise in accordance with the general intentions of the Sponsor. The failure of the Sponsor 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.
PRIVACY & PERSONAL INFORMATION: The Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Promotion for the purposes of administering the Promotion and prize fulfillment. By participating in this Promotion, entrant consents to the collection, use, and disclosure of your personal information. Information collected from participants, including entrant, is subject to Sponsor’s Privacy Policy, available at: https://merch.carsandbids.com/pages/privacy-policy and will be used only for the purpose of administering the Promotion and will not be re-used, sold or shared in any manner, unless entrant agrees to receive further information on Sponsor’s or products and promotions.
FAILURE TO ENFORCE. The Sponsor’s failure to enforce any terms of these Official Rules shall not constitute a waiver of that or any other provision
PLEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION.
DISPUTE RESOLUTION, MANDATORY ARBITRATION, AND CHOICE OF LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or the Promotion Entities in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.. By entering, entrant agrees that whenever you have a disagreement with the Sponsor arising out of, connected to, or in any way related to the Promotion or the Official Rules, you will send a written notice to the Sponsor (“Demand”). Entrant must send the Demand to the following address (the “Notice Address”): Cars & Bids, 4075 Park Blvd Basement Garage, San Diego ,CA 92103. 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. This informal dispute resolution is in addition to, and does not waive, excuse, or supersede any pre-suit resolution process required by state or federal law before filing suit.
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”). The Sponsor also agrees that it will submit any and all disputes with entrant to arbitration before the Arbitrator. This arbitration provision limits the ability of entrant and the Sponsor to litigate claims in court.
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. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any and all disputes arising out of or relating to the Promotion or any disputes with the Sponsor including, but not limited to, disputes as to the interpretation or application of this Dispute Resolution Section or the validity of the arbitration agreement herein. The Arbitrator has authority to issue any and all remedies authorized by law, except that any requests for the remedy of public injunctive relief shall be brought in a court of competent jurisdiction. 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 San Diego, CA.
Entrant agrees that it will not file a class action or collective action against the Sponsor, and that entrant will not participate in a class action or collective action against it. Entrant agrees that it will not join its claims to those of any other person.
Notwithstanding any other provision in the Official Rules, if this class action waiver is adjudicated to be invalid by a court of competent jurisdiction, 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 court. Entrants irrevocably consent to the sole and exclusive jurisdiction of the state or federal courts of the State of California located in the county of San Diego for any action, suit or proceeding arising out of or relating to this Promotion. Under no circumstances does entrant or the Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
The provisions of this Dispute Resolution Section 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 entrant or the Sponsor relating to or arising from participation in the Promotion.
SEVERABILITY: If any term or provision of these Official Rules is found under the law to be invalid or unenforceable, then such specific term or provision shall be of no force and effect and shall be severed, and the remainder of these Official Rules shall continue in full force and effect.
INTERPRETATION. 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.
WHO WON AND OFFICIAL RULES: The name of the Grand Prize winner will be posted on https://merch.carsandbids.com/ on or about December 23, 2024, or after the Grand winner has been verified. For a copy of these Official Rules, please access: https://merch.carsandbids.com/.