FIVE THREE SUPPLY CAR GIVEAWAY
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
The following promotion is intended for participants in the United States (excluding Alaska, Florida, Hawaii, and New York) and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the official rules ("Official Rules") below. Participants are providing information to Five Three Supply LLC, a Texas limited liability company (“Five Three Supply”) and not to a third party. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, TWITTER, YOUTUBE, OR FACEBOOK.
1 DESCRIPTION: The Five Three Supply Car Giveaway (the "Sweepstakes") begins at 12:01 am Eastern Time (“ET”) on March 1, 2021 and ends on April 15, 2021 at 11:59 pm Pacific Time (“PT”) (“Sweepstakes Period”). During the Sweepstakes Period, eligible “Participants” (defined below) will be invited to enter via the methods in Section 3 below (each a “Submission” and collectively the “Submissions”). The sponsor and administrator of this Sweepstakes is Five Three Supply (referred to herein as “Sponsor”). Power JDM LLC and Evan Shanks, LLC are partners of this Sweepstakes by providing the prize vehicle and modifying the prize vehicle respectively.
2 ELIGIBILITY: In order to be eligible to participate in the Promotion and to be considered as a potential winner, you must meet the following eligibility criteria (each, a “Participant”):
- be a legal United States resident physically residing within the contiguous United States or the District of Columbia excluding Alaska, Florida, Hawaii, and New York. Void where restricted or prohibited by law; - be at least eighteen (18) years of age and have reached the age of legal majority in their state of primary residence at time of entry; and
- must NOT be an employee, shareholder, officer, director, agent or representative of Sponsor, or any of Sponsor’s parent companies, affiliates, divisions, subsidiaries, agents, representatives or promotion and advertising agencies, nor can Participant be the Immediate Family Members and/or Household Member of such persons. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three (3) months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
3 HOW TO PARTICIPATE: There are three (3) ways to participate in the Sweepstakes.
- Shopping at Five Three Supply. You will receive three (3) entries for every $1.00 you spend at fivethreesupply.com (exclusive of taxes and shipping).
- Shopping at Power JDM. You will receive two (2) entries for every $1.00 you spend at powerjdm.com when you use promotional code “EvanShanks” (exclusive of taxes and shipping). You will receive one (1) entry for every $1.00 you spend at powerjdm.com when you do not use the promotional code (exclusive of taxes and shipping).
- Mail Entry. You may also enter the Sweepstakes by submitting a mail-in entry. To enter via this method, handwrite your first and last name, street address, phone number, and email address on a unlined, white 3.5” x 5” piece of paper and mail entry via first-class mail to Five Three Supply LLC, 102 E. Broad St. PO Box 1297, Forney, Texas 75126. Mailed entries must be received by April 15, 2021. Limit: Five (5) total mail in entries per day. Each entry must be mailed in a separate envelope and written using an unlined, white 3.5”x5” piece of paper.
4 IMPORTANT: Sponsor will determine in its sole discretion which entries have satisfied the eligibility requirements. All entries must be received during the Sweepstakes Period. If entries exceed the entry limitations, the Participant may be disqualified, at the Sponsor’s sole discretion. Participants must accurately provide all of the requested information to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Participants becomes the property of the Sponsor. ELIGIBLE PARTICIPANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Participant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Participant that the Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion and notice will be posted on these Official Rules.
5 WINNER SELECTION AND NOTIFICATION: At the end of the Sweepstakes Period, one (1) potential grand prize winner will be randomly selected from all eligible entries received during the Sweepstakes Period. The potential grand prize winner will be notified by e-mail to either the e-mail affiliated with the entrants Five Three Supply online account
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or at the email provided in the mail in entry. The potential grand prize winner will be required to respond (as directed) to the notification within seven (7) days of attempted notification. The failure to respond timely to the notification may result in forfeiture of the grand prize. The potential winner will be required to verify address, sign, and return within three (3) days of initial notification one or more forms covering eligibility, liability, advertising and (unless prohibited by law) publicity rights and such other documents as Sponsor may require (collectively, “Prize Acceptance Forms”). Failure to return the Prize Acceptance Forms within the specified time period may result in forfeiture of the prize and selection of an alternate potential winner from the remaining eligible entries, time permitting. A prize will not be awarded and Participant will not be confirmed as the “Winner” until all such properly executed Prize Acceptance Forms are returned. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules. All federal, state and local taxes and any other costs and expenses, associated with the receipt or use of the prize are the sole responsibility of the Winner. As required by law, an IRS Form 1099 will be issued in the name of the Winner for the actual value of the prize received.
6 ODDS: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
7 GRAND PRIZE: There is one (1) grand prizes available. The grand prize consists of 1992 Nissan Skyline provided by Power JDM LLC and customized by Evan Shanks of Evan Shanks LLC plus $3,000 USD. Approximate Retail Value (“ARV”) of the grand prize is $33,000. 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 prize offered in this Giveaway, including but not limited to its quality, mechanical condition or fitness for a particular purpose. The depiction of the Prize in any advertising or promotional materials may not reflect the actual vehicle to be delivered to the Winner. Winner is responsible to confirm the safety and emissions requirements applicable to their state/county and must use vehicle in accordance with the required regulations. Vehicle may not meet safety or emissions testing required in some states and countries. Sponsor will work with the Winner to fulfill the Prize and shall ship the car to a location reasonably close in geographic scope to Winner. Winner must take delivery of Prize from the location designated by Sponsor. Sponsor shall not be responsible for delays in delivery of the Prize. Sponsor, however, shall use all reasonable efforts to deliver the Prize within one hundred twenty (120) days of completion of verification process. Winner shall bear all risk of loss or damage to the Prize after it has been delivered to the specified delivery site. Winner must personally retrieve the Prize from the delivery site within thirty (30) days of written notification of delivery. Winner must have a valid U.S. driver’s license and evidence of legally required insurance prior to taking delivery. Winner is responsible for title, applicable taxes, license, registration, auto insurance and other fees associated with acceptance of Prize If the winner is unable to take delivery of the Prize vehicle, winner will be disqualified and an alternate winner may be selected. Winner cannot assign or transfer the prize to another person. No cash alternatives or prize substitution is allowed except at the discretion of Sponsor. If a prize cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute prize of equal or greater retail value may be awarded. Other restrictions may apply. Any depictions of prizes are for illustrative purposes only. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. NISSAN IS NOT AFFILIATED WITH THIS SWEEPSTAKES AND DOES NOT SPONSOR OR ENDORSE THIS SWEEPSTAKES.
8 CONDITIONS OF PARTICIPATION/RELEASES: Sweepstakes is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Participant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize that he or she may win, each Participant agrees to release the Sponsor, and all entities involved in the production, sponsorship and/or promotion of the prize or any part thereof, and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and advertising and promotional agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of the prize. Each Participant authorizes the Sponsor and its designees to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, release forms, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Sweepstakes;
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(v) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Sweepstakes. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, to select the Winner from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit you from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other players or Sponsor's representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
9 INDEMNITY: Winner shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Winner’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach, of any of Winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
10 DISPUTES: This Sweepstakes is governed by the laws of the United States and the State of Texas, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of Texas. As a condition of participating in this Sweepstakes, Participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
11 ARBITRATION PROVISION: By participating in this Sweepstakes, each Participant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the Participant may have against Sponsor arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Dallas, Texas; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply Texas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the Participant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the Participant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and the Participant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the Participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Participant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
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13 WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner list or a copy of these Official Rules, send your request to email@example.com. Requests for the names of the Winners must be received no later than six (6) months after the Sweepstakes Period.
This Promotion is in no way sponsored, endorsed or administered by Instagram, Facebook, Youtube, or Twitter. Instagram, Facebook, Youtube, and Twitter are completely released of all liability by each Participant in this Promotion.
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