Brand Risk Tesla Giveaway T&C
BRAND RISK WRAPPED CAR GIVEAWAY
Brand Risk Apparel
BRAND RISK WRAPPED CAR GIVEAWAY
Brand Risk Apparel
BRAND RISK WRAPPED CAR GIVEAWAY
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal, state, and local laws, regulations and ordinances. The BRAND RISK WRAPPED CAR GIVEWAY Instant Win Promotion (the “Promotion”) begins on March 8, 2024 at 12:00 a.m. Eastern Time (“ET”) and ends on March 29, 2024 at 11:59:00 p.m. ET, or when the winning Instant Win Card is redeemed, whichever occurs earlier (the “Promotion Period”). Sponsor’s computer is the official timekeeping device for this Promotion.
BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSOR AND OTHER PROMOTION ENTITIES BY YOU, A CLASS ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION , AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, META PLATFORMS, INC. (INCLUDING FACEBOOK AND INSTAGRAM), X CORP., TIK TOK, INC., AND THEIR PARENT COMPANIES.
1. SPONSOR: The Sponsor for this Promotion is Brand Risk Apparel, LLC (“Company” or “Sponsor”), 10960 Wilshire Blvd, 5th Floor, Los Angeles, CA, 90094.
2. ELIGIBILITY: The Promotion is open only to legal U.S. residents who are 18 years of age or older (19 years of age in Alabama and Nebraska, 21 years of age in Mississippi) at the time of entry. Employees, officers, directors and agents of Company, any other company involved in the presentation, administration or fulfillment of the Promotion, and/or their respective subsidiaries, affiliated companies and divisions (collectively, the “Promotion Entities”), and each of their immediate family members (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and/or those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion.
3. HOW TO ENTER: There are two ways to enter the Promotion:
A. To enter via online purchase: During the Promotion Period, go to www.brandrisk.com (the “Website”) and make a purchase of any available item listed on the Website. During checkout, you must provide all required information, confirm that you are eligible to enter, and confirm that you have read and agree to these Official Rules. Upon completion of a successful transaction of any available item on the Website and the steps indicated herein, you will be entered to receive a scratch off instant win card (“Instant Win Card”). Instant Win Cards will be distributed to entrants via the mailing method selected for the purchased item(s) through the Website, and will arrive within the time frame indicated at the time of purchase . Upon receipt of the Instant Win Card, you should scratch off the card to see whether you have received the winning Instant Win Card. The Instant Win Card displaying three (4) identical vehicles will be deemed as the winning Instant Win Card. If you receive the winning Instant Win Card, follow the instructions contained within the Instant Win Card to contact and notify Sponsor. Sponsor can be contacted at Promotions@brandrisk.com Limit one (1) entry and one Instant Win Card per person, regardless of the number of items purchased in a transaction, or the number of completed transactions.
B. To enter for free via mail: During the Promotion Period, you may enter without making a purchase by sending a 3x5 card with your full name, valid home address, and email address to Brand Risk, 365 Clinton St., Costa Mesa CA, 92626. Limit one (1) entry per stamped outer envelope. P.O. Boxes are not permitted. You must provide all required information to be eligible to enter and win. Mail-in entries must be postmarked by 3/29/24, and received by Sponsor by 4/5/24. Upon Sponsor’s receipt of a qualifying mail-in entry, Sponsor will send you an Instant Win Card, to the mailing address provided within your mail-in entry. Upon receipt of the Instant Win Card, you should scratch off the card to see whether you have received the winning Instant Win Card. The Instant Win Card displaying three (3) identical vehicles will be deemed as the winning Instant Win Card. If you receive the winning Instant Win Card, follow the instructions contained within the Instant Win Card to contact and notify Sponsor. Sponsor can be contacted at Promotions@brandrisk.com.
Please note: By entering in this Promotion, you signify and agree that your entry and any materials submitted in connection with this Promotion may be posted on Sponsor’s website and/or other social media sites or applications associated with the Promotion in a manner that is consistent with these Official Rules. Upon submission of entry in this Promotion, you agree that Sponsor may contact you via social media, including on Facebook, Instagram or X/Twitter, by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. If you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
LIMIT ONE (1) ENTRY PER PERSON THROUGHOUT THE PROMOTION PERIOD, REGARDLESS OF METHOD OF ENTRY. ADDITIONAL ENTRIES IN EXCESS OF THE LIMIT MAY BE DISQUALIFIED. Automated entries, entries which use or in any way incorporate artificial intelligence or any other simulation of human intelligence or process through the use of a machine or computer system (collectively, “Artificial Intelligence”), either in the creation or submission of the entry or as a part of any entry, and/or third-party entries are prohibited. Any entry that was created by using, or in any way incorporates, Artificial Intelligence, or that was created or made by a third party, will be void, and the entrant who submitted such an entry may be disqualified at Sponsor’s sole discretion. Multiple entrants are not permitted to share the same email address or social media account. Any attempt by any entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that entrant’s entries, and that entrant may be disqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected or illegible entries; lost, interrupted or unavailable network, server or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware) or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working or inactive email address will be disqualified and ineligible to win.
Second Chance Drawing: In the event that a potential winner is disqualified and/or forfeits his/her prize for any reason, and/or if the available prize has not been claimed by 4/15/24, a random second chance drawing will be conducted on 4/20/24 to select a winner of the unclaimed prize from among all remaining eligible entrants . The winner will be selected at random from among all eligible entrants, including those entrants who entered the Promotion through both the purchase-based entry method and the mail-in entry method. In the event that a second chance drawing occurs, the potential winner will be notified by Sponsor via the email address provided at the time of entry. If Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes awarded, Sponsor reserves the right to not award the prize.
4. PRIZE AWARD: If your Instant Win Card displays three matching vehicles, and indicates that you are eligible to win the prize for this Promotion, follow the instructions on the Instant Win Card to claim your prize. Potential Winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements in these Official Rules.
Except where legally prohibited, the potential prize winner must sign and return (or have his or her parent/legal guardian sign and return if potential winner is a minor in his or her respective jurisdiction of residence), within seven (7) days of being notified, an Affidavit/Declaration of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim their prize. If a potential winner cannot be contacted via email, telephone, and/or registered mail after the first attempt to contact them, or if they fail to sign and return the Affidavit or any other documentation that Sponsor may require within the required time period (if applicable), if potential winner is unable or unavailable to claim prize within any time period specified by Sponsor, or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. If Sponsor 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 prize(s) available to be awarded, Sponsor reserves the right to not award the prize. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Due to the nature of this Promotion, there is a possibility that the Instant Win Card may be received and redeemed by an entrant prior to the stated end date and time. In the event that an entrant receives and redeems the winning Instant Win Card prior to the stated end date and time, the Promotion will be considered as complete and no future entrants may be eligible to receive or redeem a prize in this Promotion. Sponsor disclaims all liability in the event that the prize is claimed and the winner is verified prior to the stated end date and time of the Promotion Period.
Verification of Potential Winner: THE POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. PRIZE : There is one (1) Grand Prize available to be won in this Promotion. The prize consists of one (1) Wrapped Brand Risk Model 3 Tesla, and one (1) cash payment in the amount of $20,000. Total Approximate Retail Value (“ARV”) of the Prize: $55,000 . Odds of winning: 1:20,000 .
PRIZE RESTRICTIONS: Any and all applicable federal, state and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including, but not limited to, travel to and from the delivery location as indicated by Sponsor, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at their discretion. Sponsor will not replace any lost or stolen prizes. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Promotion. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen circumstances or those outside of their control. If the fulfilling merchant cancels the order for reasons out of Sponsor’s control, the prize will not be delivered and no additional compensation will be provided.
Winner will be solely responsible for all title, license and registration fees, any additional equipment or accessories not specified above (including conversion of manual transmission to automatic transmission), insurance, electric vehicle charging devices, vehicle maintenance, and all other fees and expenses associated with the receipt and use of the prize. Prize vehicle may differ from what is depicted in Promotion advertising. Winner may be required to show proof of valid insurance and driver’s license prior to receipt of automobile. Winner must take delivery of vehicle at a location and time of Sponsor’s choosing. Sponsor reserves the right to delay vehicle delivery or substitute a similar vehicle of equal or greater value should the vehicle as described be unavailable for any reason.
6. GENERAL CONDITIONS: Promotion participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. In the event there is a discrepancy or inconsistency between disclosures or other statements (in any and/or all media) contained in any Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or to undermine the entry process, any website associated with the Promotion, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error that may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor. If, for any reason, the Promotion cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Promotion and modify the Promotion to address the impairment, then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (b) terminate the Promotion and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
7. LIMITATION OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS PROMOTION ENTITIES, META PLATFORMS, INC. (INCLUDING FACEBOOK AND INSTAGRAM), X CORP., TIK TOK, INC., AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE “RELEASED PARTIES”), AND THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS PROMOTION CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE 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, WIDESPREAD ILLNESS, 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. BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE. FURTHER, THE RELEASED PARTIES WILL HAVE NO LIABILITY FOR ANY SHIPMENT OR MERCHANDISE-RELATED DELAYS, INCLUDING THOSE THAT RESULT IN THE DELAY OF DELIVERY OF ANY INSTANT WIN CARD TO ANY ENTRANT.
8. PUBLICITY AND INTELLECTUAL PROPERTY RELEASE: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES WINNER’S PERMISSION AND GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) AND ITS DESIGNEES THE RIGHT AND PERMISSION 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 TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE), PRIZE INFORMATION, QUOTES ATTRIBUTABLE TO WINNER, AND ANY OTHER ELEMENTS OF ENTRANT’S PERSONA FOR ADVERTISING, TRADE AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION OR NOTIFICATION, INCLUDING IN A LIST TO BE USED BY SPONSOR AND ITS DESIGNEES AND ITS PARTNERS TO RE-TARGET ENTRANTS VIA EMAIL OR ANY SPONSOR APP, UNLESS PROHIBITED BY LAW.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT FOR ANY MANUFACTURER’S WARRANTIES THAT MAY BE PROVIDED WITH INDIVIDUAL PRIZES, EVERYTHING REGARDING THIS PROMOTION, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS PROMOTION AND ALL PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 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. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. DISPUTES . This Promotion is governed by the laws of the United States. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Delaware or the appropriate State Court located in Delaware; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion not to exceed fifty U.S. dollars (US$50.00), but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 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 in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware [ or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware.
10. SEVERABILITY: If any term of 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.
11. PRIVACY: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which can be found at HTTP:///WWW.Brandrisk.com/PRIVACY .
12. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules and winners list, visit www.brandrisk.com. Winners name will be available from end of promotion until ~6 months after end of promotion.
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