OFFICIAL RULES 2017 MODERN AUTOMOTIVE PERFORMANCE DREAMS TO REALITY (D2R) CONTEST
NO PURCHASE OR ONLINE ENTRY NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THE MODERN AUTOMOTIVE PERFORMANCE DREAMS TO REALITY (D2R) CONTEST (“CONTEST”) BEGINS AT 10:00 A.M. CENTRAL DAYLIGHT TIME (“CDT”) ON MARCH 18TH, 2017, AND ENDS ON JUNE 16TH, 2017, AT 11:59 P.M., CDT (“PROMOTIONAL PERIOD”). SPONSOR’S COMPUTER WILL BE THE OFFICIAL TIME-KEEPING DEVICE FOR THE CONTEST.
ELIGIBILITY: THE CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA (EXCEPT FOR RESIDENTS OF THE STATES OF CALIFORNIA, NEW YORK, FLORIDA, HAWAII AND ALASKA), AND WHO ARE:
• 18 YEARS OF AGE OR OF THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE, WHICHEVER IS OLDER;
• HAVE A VALID DRIVER’S LICENSE AT TIME OF ENTRY;
• WHO ARE AN ACTIVE DUTY, RESERVE, VETERAN OR RETIREE MEMBER OF THE UNITED STATES ARMED FORCES (DEFINED HEREIN AS THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, NATIONAL GUARD AND COAST GUARD);
• AND WHO ARE A REGISTERED OWNER OF ONE OF THE FOLLOWING AUTOMOBILES: 2003 OR NEWER MITSUBISHI LANCER EVOLUTION, 2002 OR NEWER SUBARU WRX, 2004 OR NEWER SUBARU WRX STi, 2015 OR NEWER FORD MUSTANG ECOBOOST OR 2008 OR NEWER VOLKSWAGEN GOLF GTI; (each, an “Entrant”).
ALL OTHERS ARE INELIGIBLE TO ENTER AND WILL BE DISQUALIFIED. Employees of CMC Enterprises Incorporated doing business as Modern Automotive Performance, all their respective parents, affiliates, subsidiaries, distributors, and their advertising and promotion agencies and the members of their immediate families (spouses and parents, siblings, children and their spouses and in-laws) and persons living in the same household with such individuals (whether related or not) are not eligible to enter or win.
AGREEMENT TO THE OFFICIAL RULES: By participating, Entrants agree to be bound by these Official Rules and the decisions of Sponsor, which are binding and final on all matters relating to the Contest. The Contest is subject to all applicable federal, state, and local laws. Winning a prize is contingent upon fulfilling all requirements set forth herein.
TO ENTER: There are two (2) ways to enter the Contest during the Promotional Period.
VIA ON-SITE EVENTS: Complete and submit an official entry form as directed at the promotion display at Sponsor’s actual principal place of business at 9800 Hemingway Avenue South, Cottage Grove, Minnesota 55016, during the posted hours of operation during the Promotional Period (“Event Entry”).
VIA WEBSITE: Visit the website (https://www.maperformance.com/pages/dreams-to-reality) (“Website”) during the Promotional Period and complete the online entry form with the required contact information and submit as directed (“Online Entry”). ONLINE ENTRIES MUST BE SUBMITTED BY 11:59 P.M. CST ON JUNE 16TH, 2017.
Event Entries and Online Entries are hereinafter referred to as an “Entry” or “Entries.”
LIMIT: ONE (1) ENTRY PER PERSON REGARDLESS OF METHOD OF ENTRY. Multiple Entrants are not permitted to share the same email address. In the event of a dispute, Online Entries will be deemed made by the authorized account holder of the email address submitted at the time of Entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be required to show proof of being the authorized account holder. No mechanical reproductions of entry forms are permitted. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different identities, registrations or any other methods will void that participant's entries and that participant may be disqualified. Entrants are responsible for all charges imposed by their internet service provider, including any applicable taxes on such services, in connection with submission of an entry. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, unreadable, or misdirected registrations, which will be disqualified. Sponsor will not accept submissions from wireless domains, blacklist domains, or any email address Sponsor deems to be potentially harmful to the Website. Use of any automated system to participate is prohibited and will result in disqualification. Proof of mailing is not proof of delivery. All Entries become the property of Sponsor and will not be acknowledged or returned. Please also see the “Entrant’s Personal Information” section below of these Official Rules.
WINNER SELECTION: Sponsor will select one (1) potential winner from all eligible Entries received during the Promotional Period on or about June 23rd, 2017. Sponsor will choose a winner at the sole and absolute discretion of Sponsor based upon certain factors determined by Sponsor. Approximately 25% of Sponsor’s selection decision will be based on the originality of an Entry, approximately 25% will be based on an Entrant’s explanation of why he or she is deserving of the Prize, approximately 25% will be based on any unique characteristics of an Entrant’s background and approximately 25% will be based on Sponsor’s determination of an Entrant’s passion for automotive performance.
Sponsor’s selection of the potential winner will be contacted by Sponsor by telephone and/or email and will be required to complete and return an affidavit of eligibility, liability release, and except where prohibited by law, a publicity release form ("affidavit/release") within five (5) days of receipt. If the potential winner’s notification is rejected, returned, or deemed undeliverable or the potential winner fails to execute and return the affidavit/release within the specified time, or if he/she is otherwise ineligible to receive the Grand Prize, such potential winner will be deemed ineligible and the Grand Prize will be awarded to an alternate selected at an alternate drawing from all remaining eligible entries. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared the official Winner of the Contest (“Winner”). Unclaimed prizes will not be awarded.
GRAND PRIZE/ODDS: There will be one (1) g r a n d prize awarded ("Grand Prize") to the Winner. The Grand Prize will consist of the following:
• One (1) assortment of performance parts that align with the beneficiary's vision and intended use (drag racing, road course, auto-x, etc.) for the vehicle and installation thereof on the Winner’s automobile;
• Roundtrip transportation for one (1) automobile owned by the Winner from Sponsor’s facility at 9800 Hemingway Avenue South in Cottage Grove, Minnesota, to and from Brainerd International Raceway;
• Roundtrip airfare for the Winner and one (1) guest of the Winner to MAP Proving Grounds event at Brainerd International Raceway ;
• Lodging at Brainerd International Raceway for up to two nights for the Winner and one (1) guest;
• Entry and participation fees for the Winner at one (1) event (drag racing, road course racing, auto-x, etc.) at Brainerd International Raceway;
• VIP tour of Sponsor’s facility at 9800 Hemingway Avenue South in Cottage Grove, Minnesota; and
• A stipend of $100.00 per day for meals and incidentals for the duration of the Winner’s stay (not to exceed two nights) at Brainerd International Raceway.
If the Winner selects a prize as set forth above with an MSRP of less than the amount designated, the Winner will NOT receive the difference in prize value. Sales tax, destination charges, freight, delivery, dealer prep, additional equipment, licensing, registration, insurance, title and all other expenses on the receipt and use of the Grand Prize is the sole responsibility of the Winner. The maximum Approximate Retail Value (“ARV”) of the entire Grand Prize is Five Thousand United States Dollars ($5,000).
The odds of winning the Grand Prize depends upon the number of eligible Entries received.
PRIZE RESTRICTIONS: Other than the manufacturer’s limited warranty, Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any element of the Grand Prize, including but not limited to its quality, fitness for purpose or mechanical condition. T h e Winner must have proof of insurance and a valid U.S. driver’s license from their state or place of residence in the U.S. to take delivery of the Grand Prize; failure to show same may result in prize forfeiture and selection of an alternate Winner. T h e Winner will be provided instructions to obtain the Grand Prize at Sponsor’s principal business location. If the Grand Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole and absolute discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsor’s sole discretion.
All details of the Grand Prize will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute the Grand Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of the Grand Prize (including cost of title, licensing, insurance, registration fees, applicable sales tax and travel and transportation costs associated with collecting the Grand Prize) are the sole responsibility of the Winner. The Winner will be responsible for all applicable taxes (not limited to federal, state, local and/or income) and will be required to provide their Social Security number or tax ID for tax reporting purposes as Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of a prize awarded and accepted. The Grand Prize cannot be transferred by the Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of the Grand Prize by the Winner.
In Sponsor’s sole discretion, the Winner may be required to forfeit the Grand Prize and an alternate Winner may be selected in accordance with these Official Rules from the remaining eligible Entries if the selected Winner (i) declines or cannot accept, receive or use the Grand Prize for any reason; or (ii) fails to comply with these Official Rules. The maximum value of the Grand Prize set forth above represents Sponsor’s good faith determination of the maximum ARV thereof and the actual fair market value, as ultimately determined Sponsor, cannot be challenged or appealed.
PUBLICITY: Except where prohibited by law, the acceptance of the Grand Prize constitutes permission for Sponsor to use the Winner’s name, hometown, likeness, statements and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without additional compensation, prize, incentive, consideration, consent or review; and upon request, the Winner must provide written consent to such use.
RELEASE: By participating, (i) Entrants release Sponsor and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, shareholders, directors, members, employees, licensors, dealerships, and agents (collectively, “Released Parties”), from any and all liability for any claims, costs, injuries, losses, or damages, of any kind caused by their participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of the Grand Prize; (ii) Entrants agree that Released Parties will have no liability whatsoever, and shall be held harmless by Entrants against any liability, for any injuries, losses or damages of any kind, including, but not limited to, death or destruction of property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize(s) (including any travel or activity associated thereto) or participation in the Contest; and (iii) E n t r a n t s acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty representation or guarantee, expressed or implied, in fact or in law, relative to a prize, including, but not limited to, the prize quality or availability.
LIMITATIONS OF LIABILITY: Neither Released Parties nor any service providers are responsible for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunction, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failure of any telephone network, computer equipment, software, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage related to or resulting from participation in the Contest. Neither Released Parties nor any service providers are responsible for any typographical or other error in the printing of Contest materials, the administration of the Contest, or the announcement of the Grand Prize Winner, including any such error as may give an erroneous indication that a prize has been won. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
GENERAL CONDITIONS: Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Contest is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other causes which in the opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to disqualify any suspect Entry or Entrant and to cancel, terminate, modify, or suspend, the Contest and select the Winner from valid entries received prior to action taken, or otherwise as may be deemed fair and equitable by Sponsor in its sole discretion. In the event of any cancellation, termination or suspension, notice thereof will be posted at https://www.maperformance.com/pages/dreams-to-reality. Entries not complying with all rules are subject to disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. If any provision of these Official Rules is held invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
GOVERNING LAW/JURISDICTION/DISPUTE RESOLUTION: Entrants agree that (i) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal, state and local courts for Washington County, Minnesota; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys’ fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant's rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Minnesota, without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
WINNER’S NAME: The Winner’s name will be available after June 23rd, 2017, and may be obtained by sending a self-addressed stamped envelope to: Winner’s Name, MODERN AUTOMOTIVE PERFORMANCE DREAMS TO REALITY (D2R) CONTEST c/o Modern Automotive Performance, 9800 Hemingway Avenue South, Cottage Grove, Minnesota 55016, for receipt no later than December 31st, 2017.
ENTRANT'S PERSONAL INFORMATION: Any personally identifiable information collected during an Entrant's participation in the Contest will be collected by Sponsor and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and in accordance with Sponsor's Privacy Statement as stated at (https://www.maperformance.com/pages/privacy-policy). By entering the Contest, you agree to all of the terms and conditions of Sponsor’s Privacy Statement. YOU MAY CONTACT SPONSOR AT 1-888-MAPERFORMANCE TO BE REMOVED FROM ANY FUTURE MAILINGS, E-MAIL CORRESPONDENCE OR OTHER COMMUNICATION FROM SPONSOR.
SPONSOR: Modern Automotive Performance, 9800 Hemingway Avenue South, Cottage Grove, Minnesota 55016 .
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. VOID IN THE STATES OF CALIFORNIA, NEW YORK, FLORIDA, HAWAII AND ALASKA.