"2020 Test Drive Jet Ski Giveaway"

Sweepstakes Official Rules

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. VOID WHERE PROHIBITED.

I.  PROMOTION PERIOD: The "2020 Test Drive Jet Ski Giveaway" Sweepstakes (the “Promotion”) begins on or about 8:00:01 a.m. Eastern Time (“ET”) on October 9, 2020 (“Start Date”) and ends at 5:00:01 p.m. ET on December 28, 2020 (the “Promotion Period”). The Promotion is sponsored by Ed Morse Delray Toyota, 2800 S. Federal Highway Delray Beach FL 33483 (the “Sponsor”). The official clock for purposes of the Promotion is the computer of the Sponsor.

II.   ELIGIBILITY: The Promotion is open to all legal United States residents that reside in the state of Florida. Participants must be licensed driver and at least eighteen (18) years old as of the date of entry. Officers, members, directors, representatives and employees of the Sponsor (a “Released Party”), and any of its parent companies, affiliated companies, subsidiaries, dealers, franchisees, licensees, distributors, suppliers, participating retailers, advertising / promotion/judging agencies, persons engaged in the development, production or distribution of materials for this Promotion, and Compliance Sweepstakes Services (the “Administrator”) (a “Released Party”) (a Released Party is collectively referred to as 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 Promotion. The Promotion is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited, taxed, or restricted by law.

III.  HOW TO PARTICIPATE IN THE PROMOTION: An individual will be deemed a participant (the "Participant") in the Promotion if he/she is eligible, and enters the Promotion using at least one (1) of two (2) methods of entry described below:

1)      Visit the Ed Morse Delray Toyota dealership (2800 S. Federal Highway Delray Beach FL 33483) and complete a test drive of any vehicle and complete the registration form. Registration includes providing: first name, last name, address, city, state, zip code, date of birth, phone number, and e-mail address. The registration form must be placed in a designated ballot box at the dealership noted above. Each participant that completes the test drive and fully completes and submits the registration form during the Promotion Period will receive one (1) entry into the Promotion; or

2)      Any person that does not elect to complete a test drive and would like to participate in the Promotion can enter by hand printing on a 3”x 5” card: "2020 Test Drive Jet Ski Giveaway" Sweepstakes entry, your first and last name, street address, city, state, zip code, date of birth, telephone number, and e-mail address. Mail the card in a standard business-size #10 envelope to: “2020 Test Drive Jet Ski Giveaway” Sweepstakes, 622 Banyan Trail Suite 250, Boca Raton, FL 33431. Mail-in entries need to be postmarked between October 9, 2020 and end on December 28, 2020, and must be received no later than January 4, 2021. Each valid mail-in entry will receive one (1) entry into the Promotion.

There is a limit of one (1) entry per person during the Promotion Period regardless of method of entry. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Sponsor reserves the right, in its sole discretion, to void any and all entries of a Participant that submits more than the stated maximum limit of entries by using multiple / different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Promotion. 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

IV.  USE OF PERSONAL INFORMATION/OPT IN: By entering the Promotion, you consent for the Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Promotion; the information that you provide in connection with the entry process will be used by Sponsor and Administrator only, and will not be sold or provided to another company. You are authorizing the Sponsor to send you emails to the address entered on entry form, regarding product offerings. You may opt out of receiving future e-mails from Sponsor by clicking on the link contained in any e-mail received. You will remain eligible for this Promotion whether or not you opt out of receiving the e-mails.

V.  LIMITATIONS OF LIABILITY: If for any reason this Promotion is not capable of running as planned for any reason, including, without limitation, due to Pandemic, virus, sickness, flu or outbreak, infection by computer virus, worms, bugs, tampering, unauthorized intervention, any form of fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, government regulation, any act of God, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, 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 Promotion, in whole or in part, at any time, without notice and award the prize, via a random draw, 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 tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion 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. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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.

VI.  PRIZES: There will be one (1) Grand Prize available to be awarded. The Grand Prize winner will receive a New 2021 YAMAHA Jet Ski with an Approximate Retail Value ("ARV") of $14,799. The options for the aforementioned Grand Prize will be selected by the Sponsor in its sole discretion. The Grand Prize winner will be solely responsible for all title and registration fees, freight, delivery, additional equipment, all federal, state and local taxes, insurance, gasoline, maintenance and all other fees and expenses associated with receipt and use of the Grand Prize. Any additional options will be the responsibility of the Grand Prize winner. The Grand Prize winner must provide proof of a valid driver’s license to take delivery, and must take delivery at the location designated by Sponsor within thirty (30) days. The Total Prize Pool value is $14,799.

VII.  PRIZE WINNER SELECTION: The Grand Prize winner ("Prize Winner") will be selected from among all eligible entries received, in a random drawing on or about January 6, 2021, by 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. Prize Winner will be required to complete and sign an Affidavit of Eligibility and Liability/Publicity Release and W9 form (collectively, the “Prize Acceptance Release”), and provide verification of age, and return the documents within three (3) days of the date it is sent (either postmark date if mailed, or send date if sent via email). If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within two (2) calendar days from the first notification attempt, if potential winner fails to return requisite documents within the specified time period, 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, telephone number, date of birth, and/or e-mail address. The Prize Acceptance Release is subject to verification by Sponsor and the potential winner is subject to verification before the prize will be awarded.

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 prize is awarded without warranty of any kind either expressed or implied, excluding the New Vehicle Limited Warranty from the manufacturer. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash 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 with another prize of equal or greater value. The Administrator is not the supplier or guarantor of any prize. Prize may be fulfilled by a third party. 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 Promotion.

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 the prize awarded to a winner may be reported for tax purposes as required by law. For tax reporting purposes, prize winner receiving a prize with an ARV of $600 or higher will be required to provide a completed IRS Form W-9 with a valid social security number before the prize will be awarded. An IRS Form 1099 will be issued in the name of the Prize Winner for the total ARV of the grand prize, as stated above, for the calendar year the prize was won.

Prize Winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, video, 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.

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 Promotion 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 Promotion, in whole or in part, including, but not limited to, any occurrences described in Rule No. V above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Promotion.  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 the Promotion 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(s) in a random drawing from among the eligible entries received up to the time of the impairment or conduct a random drawing among all legitimate prize claimants, and neither Sponsor, the Administrator nor any of the Released Parties shall have any further liability to any entrant in connection with the Promotion.

X.  RELEASE: All Participants, as a condition of entering the Promotion, agree that (a) under no circumstances will Participants be permitted to obtain awards for, and Participants hereby waives all rights to claim punitive, incidental, consequential, special or any other damages or attorney’s fees, other than for actual out-of- pocket expenses; and (b) all causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form class action. NOTWITHSTANDING ANYTHING TO THE CONTRARY, AS A CONDITION OF ENTERING THE PROMOTION, PARTICIPANTS AGREE TO DEFEND, INDEMNIFY, RELEASE, DISCHARGE AND HOLD HARMLESS SPONSOR, MORSE OPERATIONS INC, d/b/a ED MORSE DELRAY TOYOTA, COMPLIANCE SWEEPSTAKES SERVICES AND ALL RELEASED PARTIES’ PARTNERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS, FROM ANY AND ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION IN THE PROMOTION OR ANY PORTION THEREOF, AS WELL AS: (A) THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZES, OR (B) PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE OR PROMOTION-RELATED ACTIVITY, OR (C) ) ANY TYPOGRAPHICAL, PRINTING, OR OTHER ERROR IN THESE OFFICIAL RULES, ADVERTISEMENTS, OR THE ANNOUNCEMENT OF OFFERING OF ANY PRIZE (D) accessing the Sponsor's Web Site (E) viruses or any downloading or other problems with the Promotion application. PARTICIPANTS WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  Each prize winner bears all liability and risk of loss to his/her prize after it has been delivered. Winners will be required to sign and return the following documents in order to receive a Grand Prize: (a) an affidavit of eligibility; (b) a liability/publicity release in form and substance satisfactory to Sponsor; and (c) a waiver of liability with an exculpatory clause releasing and indemnifying Sponsor, MORSE OPERATIONS INC, d/b/a ED MORSE DELRAY TOYOTA, and any of their designee(s) from and against any and all liability, loss, claims, demands and causes of action for or related to personal injury, damage, theft, loss or any other harm suffered in connection with the Promotion or the Grand Prize, including, without limitation, acceptance, use/misuse of the Grand Prize and any activities related to the Grand Prize.

XI. GOVERNING LAW/VENUE/ARBITRATION: By participating, Participants agree to be bound by the Official Rules, Sponsor's Web Site Terms of Use (if any and if applicable to Participant's method of participating), and the decisions of the Sponsor and Administrator, which are final and binding in all respects. Except where prohibited, Participant 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 any proceeding shall take place in a AAA Arbitration, with venue in Palm Beach County, Florida. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participants, or the Released Parties in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be West Palm Beach, Palm Beach County, Florida, USA. The arbitration shall be governed by the laws of the State of Florida. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents.  There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. The arbitrators will have no authority to award punitive or other damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

XII.  OFFICIAL PROMOTION RULES REQUEST: For a copy of these Official Rules, send a request specifying Official Rules along with a self-addressed, stamped envelope postmarked by 12/28/20 and received by 1/4/21 and mail to: CSS/"2020 Test Drive Jet Ski Giveaway" Sweepstakes Official Rules, Box 469, Stonington, CT 06378.

XIII.  WINNER 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 2/15/21, to: CSS/"2020 Test Drive Jet Ski Giveaway" Sweepstakes Winners List, Box 469, CT 06378. Requests received after 2/15/21 will not be acknowledged or returned.

XIV.  SPONSOR: Ed Morse Delray Toyota 2800 S. Federal Highway Delray Beach FL 33483.

XV.  ADMINISTRATOR: Compliance Sweepstakes Services, Box 469, Stonington, CT 06378.

XVI.   MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For Participant, to the extent there is a conflict between Official Rules appearing any other location and any terms of use or other agreements posted on the Sponsor's Web Site, these are the Official Rules to be abided by.

Yamaha Motor Corporation, USA (as vehicle 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.