AIRAID FORM SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON TOTAL NUMBER OF ENTRIES RECEIVED.
OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
1. Sponsor. The Sponsor of this AIRAID FORM Sweepstakes (the “Sweepstakes”) is K&N Engineering, Inc. (“Sponsor”), located at 1455 Citrus St., Riverside, California 92507, whose decisions are final and binding as to all aspects of this Sweepstakes. Any inquiries regarding this Sweepstakes are to be directed to Sponsor.
2. Dates of Sweepstakes: The Sweepstakes begin at 10:00:01 a.m. Pacific Time on March 26, 2020 and ends at 11:59:59 p.m. PT on May 20, 2020 (the “Sweepstakes Period”).
3. Eligibility. The Sweepstakes is open to persons who are legal residents of one of the Fifty (50) United States or the District of Columbia and are at least eighteen (18) years of age at the time of entry (“Entrant”). A Entrant’s entry into the Sweepstakes will be deemed to be a representation that such Entrant is 18 years of age or older. Officers, directors, managers, and employees of Sponsor, and their respective parent companies, subsidiaries, affiliates, suppliers, advertising and promotional agencies, and immediate family members (herein defined as spouse, siblings, children and each of their respective spouses, regardless of residence, and any person living in such a person’s household, whether related or not), are not eligible to participate. The Sweepstakes is subject to all federal, state, and local laws and regulations. Each Entrant must have a valid mailing address in the United States (a P.O. box will not suffice).
4. Entry Period. The Sweepstakes entry period begins at 10:00:01 a.m. Pacific Time on March 26, 2020 and ends at 11:59:59 p.m. PT on May 20th, 2020 (the “Entry Period”). Sponsor’s computer will be the official time-keeping device. Entries received after the Entry Period will not be eligible. Any proof of submission does not constitute proof of receipt. Entries will not be acknowledged or returned.
5. How to Enter . There is one way to enter:
(i) Complete the Form: Entrants submit an entry by entering their name and email address by visiting the URL: https://a.pgtb.me/1TRsGF (“the form Website”) or www.facebook.com/airaidfiltercompany (“Facebook Site”) during the Entry Period and accurately completing the Form and including a valid email address in the appropriate form. K&N Engineering and Airaid’s Terms and Conditions and other Policies apply to use of the form Website; Facebook’s Terms and Conditions and other policies apply to use of the Facebook Site. The entry must be completed in its entirety by submitting all required information (Name and email). Upon completing the form, click the “Submit” button. The form must be completed and the submitted by the end of the Entry Period.
(ii) Online: To enter without completing the Form, Entrant may send an email to email@example.com during the Entry Period with the subject-line: AIRAID FORM SWEEPSTAKES. Sponsor may, but is not required to, send an email confirming receipt.
By entering this Sweepstakes, you are agreeing to receive U.S. marketing email communications from Sponsor and Related Parties until you choose to unsubscribe. There is no cost or obligation associated with subscribing to the marketing email communications and you can opt-out of receiving marketing email communications from Sponsor or Related Parties at any time by clicking the unsubscribe link in the email message.
Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, you may be subject to additional fees when accessing and using the mobile services from your device in connection with entering and participating in the Sweepstakes or communicating with Sponsor, Related Parties or their representatives. Entrants using this means of entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.
Limit one (1) entry per person during the Entry Period. If it is discovered or suspected that an Entrant attempted to enter or receive entries using multiple email accounts or identities, all of that Entrant’s entries will be declared null and void and that Entrant will be ineligible to win the Prize. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from the Sweepstakes.
IF ENTERING THROUGH THE FORM OR EMAIL, YOU MUST SUPPLY AN ACCURATE, FUNCTIONING EMAIL ADDRESS, FOR WHICH YOU ARE THE AUTHORIZED ACCOUNT HOLDER, FOR YOUR ENTRY TO BE ELIGIBLE AND TO BE NOTIFIED. The authorized account holder is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. In the event of a dispute over the identity of the winner, entries will be deemed made by the authorized account holder of the email account submitted at the time of entry. The potential winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the email address associated with the winning online entry and that all eligibility requirements are met. If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entrant is responsible for notifying Sponsor in writing if his or her email or other contact information has changed.
Entries received in excess of the limits stated herein are void, and Entrant may be disqualified in Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process will be void and may disqualify any Entrant who uses such means to enter from participating.
Important notice regarding online entry from your mobile device : Depending on your wireless service provider/plan, you may be subject to additional fees when accessing and using the mobile services from your device in connection with entering and participating in the Sweepstakes or communicating with Sponsor or their representatives. Entrants using this means of entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.
6. Winner Determination. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. On or about the next business day after the Entry Period, Sponsor will select the potential Sweepstakes winner in a random drawing from among from all eligible entries received during the Entry Period. The winners are considered a potential winner pending verification of eligibility and compliance with these Rules.
7. Winner Selection and Notification. The potential winners will be selected in a random drawing from among all eligible entries received. Drawing will be held on or about May 25th, 2020. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes.
The potential winner will be notified by email and/or phone and will be required to respond to the phone call or email within forty-eight (48) hours indicating whether he/she accepts the prize. If no response is received within the time allotted, an alternate potential winner will be selected. Sponsor is not required for discontinued or suspended wireless, online, or e-mail service which may result in a potential winner not receiving initial prize notification. Sponsor is not responsible for any change in Entrant’s mailing address, e-mail address, and/or telephone number. If attempted notification is returned as undeliverable, if any required documents or proof of eligibility is not returned within the required number of days, if winner cannot be verified or found, or if winner is unable to accept the prize as stated, prize will be forfeited and may be awarded to an alternate winner.
8. Prize (1). 10 prizes will be awarded, consisting of an Airaid filter Keychain (the “Prize”). Total approximate retail (“ARV”) of the Prize is $9.99.
9. Prize Restrictions . The Prize is non-transferable or assignable and not eligible for substitutions or cash redemptions; except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor will not replace any lost or stolen Prize. In the case of unavailability of the Prize, Sponsor reserves the right to substitute a prize of equal or greater value. All terms and conditions applicable to the use of the Prize (or any substitute prize) apply, and are incorporated herein by reference. Prize winners are solely responsible for all applicable federal, state and local taxes, including taxes imposed on his/her income. Potential prize winner(s) consent(s) to the use of his/her name, likeness, biographical information, and voice in advertising worldwide without additional compensation. All details and other restrictions of the Prize not specified in these Rules will be determined by Sponsor in its sole and absolute discretion.
Prizes pictured in advertising, marketing or promotional materials are for illustrative purposes only. All costs, including federal, state and local taxes, insurance, any costs/expenses related to participation in the Sweepstakes or acceptance or use of the Prize, and other expenses not specifically identified as included in the Prize, are the sole responsibility of the winners. Other than those specifically running with the Prize or specifically stated by K&N, SPONSOR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WINNERS SHALL TAKE THE PRIZE “AS IS” AND AT HIS OR HER OWN RISK.
Odds of winning depend on the number of eligible entries received. At Sponsor’s election in its sole and absolute discretion, any unclaimed Prize may not be awarded.
10. Winner Requirements . The potential winners must comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. If a potential winner does not comply with the Rules, cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to return the Affidavit within the applicable time period, Sponsor may elect to disqualify the selected winners, who will then be deemed to forfeit his or her right to receive the Prize. In the event a potential winner is disqualified for any reason, Sponsor will award the Prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only three (3) alternate winners will be selected, after which the Prize will remain un-awarded. Arrangements for delivery of the Prize will be made after validation of the winning entry.
Acceptance of any prize shall constitute and signify the winner’s agreement and consent that Sponsor may use the winner’s name, biographical information, city, state, photos and/or likeness, voice recording, video images and all related footage, and/or Prize information in connection with the Sweepstakes and for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, radio, the World Wide Web and Internet (including each of Sponsor’s and the Related Parties’ websites and various social media platforms), without limitation and without further payment or consideration, except where prohibited by law.
11. Release and Limitations on Liability . By entering the Sweepstakes, Entrants agree that Sponsor, Google, Inc., Facebook, Inc., and each of their respective affiliates, parent companies, subsidiaries, representatives, consultants, contractors, attorneys, suppliers, distributors, advertising/promotional agencies, prize suppliers, participating retailers, public relations, fulfillment and marketing agencies, website providers and their respective officers, directors, stockholders, employees, agents, and representatives (collectively, the “Released Parties”), are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, stolen, damaged, misdirected or illegible entries, or for failure to receive entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that may limit an Entrant’s ability to participate in the Sweepstakes; (ii) any injury or damage resulting from participation in the Sweepstakes, the Event, and/or the use or misuse of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the Entrant’s rights of publicity or privacy, or the Entrant’s claim that he or she has somehow been defamed or portrayed in a false light); and (iii) any incorrect or inaccurate information, whether caused by Entrant, printing or typographical errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes. Entrant further agrees that Released Parties are in no way responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Sweepstakes, the Event, and/or the awarding of any prize. Released Parties assume no responsibility for any damage to an Entrant’s computer system which is occasioned by accessing the websites of Released Parties or participating in the Sweepstakes, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, error in entries or selection announcement, or the failure to capture any information. Released Parties will not be responsible or liable for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Rules, and all such entries may, in Sponsor’s sole and absolute discretion, be disqualified. Released Parties will not be liable to winner or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a “Force Majeure” event or occurrence), or any other cause beyond Released Parties’ control.
12. Binding Agreement. These Official Rules (“Rules”) constitute a legally binding agreement by and between Sponsor and Entrant, and govern entry in the Sweepstakes. By participating, each Entrant fully and unconditionally agrees to abide by these Rules. Failure to comply with these Rules will void a participant’s entry. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any other Sweepstakes or promotional materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.
13. Additional Rules. By participating in the Sweepstakes, each Entrant agrees, to the fullest extent permitted by law, to: (i) be bound by these Rules, including all eligibility requirements and all decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes; (ii) waive any rights to claim ambiguity with respect to these Rules; (iii) waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) forever and irrevocably release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Sweepstakes, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Rules or any Sweepstakes materials, (d) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof), (e) any change in any prize (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any Force Majeure event, or as otherwise permitted in these Rules, (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant, (j) interruption or inability to access the Sweepstakes or any online service via the Internet due to hardware or software compatibility problems, (k) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (l) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (m) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (n) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof), or (o) the negligence or willful misconduct by Entrant.
Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole and absolute discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Sponsor is impairing or will impair the administration, security, fairness, or integrity of the Sweepstakes. Sponsor further reserves the right to disqualify any unauthorized entries. If, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Rules) without notice in any manner. In the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension, in its sole and absolute discretion. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Sponsor may prohibit an Entrant from participating, winning, or accepting a prize (and void all associated entries) if, in its sole and absolute discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS SITE OR INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Disputes. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF THE ENTRANT AND SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, 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. Entrants hereby agree that any and all disputes, claims, causes of action at law or in equity, or controversies (“Claims”) arising out of or relating to this Sweepstakes, the meaning or interpretation of these Rules, exploitation or use of any material submitted in connection with the Sweepstakes, or any prize awarded, if not otherwise resolved through direct discussions, shall be resolved exclusively by binding arbitration before a single arbitrator pursuant to this provision and the procedures of JAMS, Inc. at its offices located in Orange County, California. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and Entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT. FURTHER, NEITHER PARTY WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Entrant agrees to the collection, processing and storage of Entrant’s personal data by Sponsor and Related Parties for purposes of the Sweepstakes.
16. Winner List . For the winner list, send a stamped (VT residents omit postage), self-addressed envelope to: K&N Engineering, Inc., Attn: Records Department/Sweepstakes – AIRAID FORM Sweepstakes Winner List Request, P.O. Box 1329 Riverside, CA 92502. Requests must be received no later than 30 days from the conclusion of the Sweepstakes.
17. Miscellaneous. All trademarks associated with the Sweepstakes are the sole property of Sponsor or one or more Related Parties. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that term or any other provision.
18. Severability. If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement.
Sponsor may promote and advertise this Sweepstakes using services provided by Facebook, Inc. (“Facebook”); however, this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. All inquiries regarding the Sweepstakes should be directed to Sponsor only.
[End of Official Rules]