Rules and Conditions
“Prime Driven Car Giveaway #19” Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION CONSTITUES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE "OFFICIAL RULES". VOID WHERE PROHIBITED.
I. SWEEPSTAKES PERIOD: The “Prime Driven Car Giveaway #19” Sweepstakes (herein referred to as the “Sweepstakes”) begins on or about 12:00:01 a.m. Eastern Time (“ET”) on June 19, 2020 ("Start Date") and ends at 11:59:59 p.m. ET on July 15, 2020 (the “Promotion Period”). The Sweepstakes is sponsored by Prime Performance Auto LLC 103 Sparta Road Building D, Unit 6 Stanhope, NJ 07874 (the “Sponsor” and “Prize Supplier”). The official clock for purposes of the Sweepstakes is the computer of the Sponsor.
II. ELIGIBILITY: The Sweepstakes is open to legal residents of the forty eight (48) United States (excludes Alaska and Hawaii) and the District of Columbia, as well as residents of Canada (except Province of Quebec), who are eighteen (18) years of age or older (exceptions-must be 19 years of age or older for those that reside in provinces of British Columbia, New Brunswick, Newfoundland, and Nova Scotia, and Northwest Territories, Nunavut and Yukon, and states of Alabama, Nebraska, and 21 years of age or older in state of Mississippi) as of the date of entry. Officers, members, directors, representatives and employees of the Sponsor and any of their respective parent companies, affiliated companies, subsidiaries, dealers, franchisees, licensees, distributors, suppliers, subsidiaries, participating retailers, advertising / promotion/judging agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes, Compliance Sweepstakes Services, LLC (collectively, the “Released Parties”) and the immediate family members (defined as spouse, parents, grandparents, children, grandchildren, siblings, - whether biological, adopted, step or in-law) of such individuals, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Participant's full and unconditional agreement to these Official Rules and Sponsor decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Province of Quebec, Hawaii, Alaska, Puerto Rico, the U.S. Virgin Islands, Guam, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law, regulation or ordinance.
III. HOW TO ENTER THE SWEEPSTAKES: An individual will be deemed a participant ("Participant") in the Sweepstakes if they are eligible and enter the Sweepstakes via any of the following two (2) entry methods: 1) Purchase Sponsor Merchandise: Visit www.primedriven.com ("Website") and complete a purchase during the Promotion Period. For each dollar ($1) spent (excluding s&h or tax) via approved credit card transaction, the Participant will receive two (2) Sweepstakes entry. Participant will need to provide the following information: first and last name, home address, telephone number, and e-mail address; or, 2) Via Mail: Participant can enter by hand writing on a 3”x 5” card: “Prime Driven Car Giveaway #19” Sweepstakes entry, your first and last name, address, city, state/province, zip/postal code, telephone number, e-mail address and date of birth. Insert the card in a standard business-size envelope, with hand written return address (including Participant first name and last name) and mailing address on front of the envelope, and mail to: CSS / “Prime Driven Car Giveaway #19” Sweepstakes, 5607 Pittsford Palmyra Road PO Box 1188 Pittsford, NY 14534. Each valid mail-in entry will receive one (1) Sweepstakes entry. All mail-in entries must include all requested information and format (as stated above) to be considered a valid entry. Bulk shipments (multiple entries in one shipping package) will not be accepted, and will be destroyed. Limit one (1) mail-in entry per envelope. Mail-in entries must to be postmarked between June 19, 2020 and July 15, 2020, and must be received by July 21, 2020. Requests for confirmation of receipt of mail-in entries will not be acknowledged. Mail-in entries must be original; no photo copies, facsimiles or reproductions of a mail-in entry will be accepted.
Bonus entries: Throughout the Promotion Period, the Sponsor will be announcing opportunities on the Sponsor Website to earn Bonus entries (multiples of: 2 times (2X), 3 times (3X), 4 times (4X), 5 times (5X) or 10 times (10X)) based on total purchase (excluding s&h or tax) or mail entry. For every $1.00 spent, or individual mail entry, bonus multiple entries will be earned into the Sweepstakes during the specified time period. During this specified time period, mail-in entries must follow the aforementioned mail-in entry submission process and must handwrite the words ("MULTIPLE-2X”, "MULTIPLE-3X”, "MULTIPLE-4X”, "MULTIPLE-5X”, or "MULTIPLE-10X” corresponding to the Sponsor announced entry multiplier opportunity offer) on the bottom left hand side of the front of the envelope if he/she would like to receive the bonus multiple entries. The postmark date must correspond to the announced entry multiplier date or the mail entry is void. If the announced entry multiplier opportunity offer falls on a Sunday, the mail-in entry must be postmarked the Monday immediately following the offer to receive the respective entry multiplier corresponding to the Sunday offer.
All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Internet entries must be made by the Participant only at the aforementioned Website(s) and application URL addresses. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Sponsor reserves the right, in its sole discretion, to void any and all entries the Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, misdirected, or postage-due registrations, entries or mail, which will be disqualified. All entries become the exclusive property of Sponsor and will not be acknowledged or returned
If a Participant opts to enter via his/her wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Sweepstakes), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a winner, which may be subject to charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phones capabilities for specific instructions.
V. INTERNET LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, government regulation, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer (or any information/material stored therein) relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
VI. GRAND PRIZE: One (1) Grand Prize will be available to be awarded. The Grand Prize winner ("Prize Winner") will receive a 1990 Nissan Skyline, with an Approximate Retail Value ("ARV") of $15,000. The vehicle has been used and has an odometer reading approximately 120,000 kilometers. In addition to the vehicle, the Grand Prize winner will receive a $5,000 cash award (to be awarded as a check). The vehicle options will be selected by the Sponsor in its sole discretion. The Prize Winner will be solely responsible for: any additional equipment, title, vehicle registration fee, dealer documentation fee, license delivery, dealer prep, freight, emissions inspection, federal, state and local taxes, insurance, gasoline, vehicle maintenance and all other fees and expenses associated with receipt and use of the prize vehicle. Any additional vehicle options will be the responsibility of the Prize Winner. Prize Winner understands aforementioned prize vehicle may not pass smog testing in certain states; winner should check standards for operation of a vehicle in their state before accepting prize. The Prize Winner must provide proof of valid insurance and a valid driver’s license to take delivery and must take delivery at the location designated by Sponsor within thirty (30) days. Prize Winner is responsible for his/her own travel plans, coordination, and expenses associated with travel to pick up the car from the designated dealer location. The Total Prize Pool value is $20,000.
VII. WINNER SELECTION: The Grand Prize winner will be selected from among all eligible entries received, in a random drawing on or about July 24, 2020, by the Compliance Sweepstake Services, an independent judging organization, whose decisions are final and not subject to challenge and/or appeal in all matters relating to this Promotion. Odds of winning a prize will depend on the total number of eligible entries received for the random drawing. The Grand Prize winner will be notified by telephone and/or e-mail. Upon initial notification and verification of the Grand Prize winner, confirmation will be sent to the Prize Winner via email, or other home delivery service of Sponsor’s choice.
VIII. PRIZE TERMS AND CONDITIONS: Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. If a Canadian citizen wins a prize they will be required to answer, unaided, a mathematical skill-testing question. The Prize Winner will be required to complete and sign an Affidavit of Eligibility and Liability/Publicity and IRS form (W9 form - if US resident; W-8BEN - if Canada resident) and provide proof of identity (collectively, the “Prize Acceptance Release”), and return it within seven (7) days of written notification or the prize may be forfeited and an alternate potential winner selected, time-permitting. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, or if the winner is from Canada and the skill question is not correctly answered, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue. To claim a prize, you will be required to provide your correct full-name, mailing address, date of birth, telephone number and/or e-mail address. The Prize Acceptance Release is subject to verification by Sponsor and all potential winners are subject to verification before any prize will be awarded.
The Sponsor and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A prize may not be sold, traded, or commissioned, and is not exchangeable or transferable, except in Sponsor's sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. The Administrator is not the prize supplier. Prize may be fulfilled by a third party. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.
Prize Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The stated “ARV” of the prize is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Prize Winner will be required to provide Sponsor with a valid social security number (as the ARV of the prize is equal or greater than $600) before a prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of the Grand Prize winner for the total ARV of the Grand Prize, as stated above, in the calendar year the prize was won. All properly claimed prizes will be awarded.
Each winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation. The prize winner understands and agrees that the Prize ceremony may be videotaped/photographed. Rights to any Prize ceremony video/photo belong solely to the Sponsor and can be used in any media at their sole discretion.
IX. MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Sweepstakes is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Sweepstakes, in whole or in part, including, but not limited to, any occurrences described in section V above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, and neither Sponsor nor any of the Released Parties shall have any further liability to any Participant in connection with the Sweepstakes.
X. RELEASES: All participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless Sponsor and Released Parties from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor's Website; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes Application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer's warranty as may be included with the prize. Each Prize Winner bears all liability and risk of loss or damage to his/her respective prize after it has been delivered.
XII. OFFICIAL SWEEPSTAKES RULES REQUEST: For a copy of these Official Rules, send a request specifying Official Rules along with a self-addressed, stamped envelope postmarked by July 15, 2020 and received by July 21, 2020 and mail to: “Prime Driven Car Giveaway #19” Sweepstakes Official Rules, Box 469 Stonington, CT 06378.
XIII. WINNERS LIST REQUEST: To request confirmation of the name and city/state of residence for the prize winner, please send a self-addressed, stamped business size envelope, by August 30, 2020, to: “Prime Driven Car Giveaway #19” Sweepstakes Winners List, Box 469 Stonington, CT 06378. Requests received after August 30, 2020 will not be acknowledged or returned.
XIV. SPONSOR: Prime Performance Auto LLC 103 Sparta Road Building D, Unit 6 Stanhope, NJ 07874.
XV. ADMINISTATOR: Compliance Sweepstakes Services Box 469 Stonington, CT 06378
Nissan North America, Inc. (as car manufacturer) and respective affiliates, subsidiaries, shareholders, representatives, officers, directors, agents, and employees will have no liability or responsibility for any claim arising in connection with the participation in this sweepstakes or any prize awarded, and has not offered or sponsored this sweepstakes in any way.