Hunt and Company Subaru BRZ Giveaway Official Rules
BY SUBMITTING AN ENTRY TO THIS SWEEPSTAKES AND DURING THE SWEEPSTAKES ENTRY PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE SWEEPSTAKES ENTITIES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. SWEEPSTAKES ONLY AVAILABLE TO RESIDENTS OF THE UNITED STATES AND VOID WHERE PROHIBITED.
HUNT AND COMPANY, LLC (“Hunt & Co.”) is offering the “Hunt and Company Subaru BRZ Giveaway” (“Sweepstakes”). The Sweepstakes is subject to these official rules (“Official Rules”) and by entering, entrant (“Entrant”) agrees to be bound by them and the decisions of Hunt & Co., which are final and binding in all respects. This Sweepstakes begins at 9:00 AM, April 8, 2021, US Pacific Time and ends June 5, 2021 at 11:59 PM, US Pacific Time (“Entry Period”). Hunt & Co.’s computer is the official timekeeping device for entry in the Sweepstakes. All entries must be received by 11:59 PM Pacific Time on June 5, 2021.
1. Eligibility: The Sweepstakes is open to legal residents of, and physically located within, the United States, who are at least eighteen (18) years of age at the time of entry. NOT VALID IN ALASKA, HAWAII, US TERRITORIES AND VOID WHERE PROHIBITED. Employees, officers, agents, representatives and members of the immediate families (parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Hunt & Co. and respective affiliated companies, parent companies, subsidiaries, participating promotional partners, retailers, distributors, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (“Sweepstakes Entities”) are not eligible. All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.” All entries are the property of Hunt & Co.
2. How To Enter: Entrant wishing to enter the Sweepstakes may do so by visiting www.thehuntandcompany.com and register by providing the following information: first name, last name, State of residence, a valid email address, date of birth, and telephone number including area code. For every $5 spent on www.thehuntandcompany.com, not including shipping charges or taxes, Entrant will receive one (1) entry into the Sweepstakes. Entrant will automatically receive entry into the Sweepstakes upon completing checkout. Hunt & Co. may, at its sole discretion, send conformation of Entrant’s entry into the Sweepstakes.
Eligible Entrants have the option to obtain one (1) Sweepstakes entries via mail by legibly hand-printing, on a 5” x 8” index card: Entrant’s full legal name, complete mailing address, valid phone number, valid e-mail address, the slogan “Keep Moving Forward” on the bottom of the index card and mailing the index card in a #10 envelope, with proper postage affixed, to: Hunt and Company, 1495 Poinsettia Ave., Suite 147, Vista, CA 92081 with “Subaru BRZ Giveaway” on the lower left hand corner of the envelope. Entrant may submit as many postal entry requests as Entrant wishes, but each request must be mailed separately (1 entry per envelope). All entries must be postmarked by June 5, 2021 and received by June 5, 2021. In the event a postmark date falls on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day. NOTE: Mail-in entry card and envelope must be hand printed, in English, by the Entrant only and legible to Hunt and Company, if it is not, the Entrant will be disqualified. In addition, Entrant is not permitted to use any third party or organization to assist with the entry process into the Sweepstakes, in any way, as determined by Hunt & Co. Each envelope must be mailed individually. Bulk shipments of entries from a single Entrant will not be accepted.
All required information must be provided to enter and to be eligible to win. Incomplete entries will be disqualified. Released Parties (defined below) are not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, misdirected, postage-due entries or mail. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the exclusive property of Hunt & Co. and will not be acknowledged or returned. By participating, you consent for Hunt & Co. to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.
There is no limit of entries per eligible person during the Entry Period. For the purposes of this Sweepstakes, a “day” begins at 12:01 a.m. US Pacific Time and ends at 11:59 p.m. US Pacific Time. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Hunt & Co.’s sole and absolute discretion. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and will be disqualified. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. The Sweepstakes Entities are not responsible for technical failures of any kind, including, but not limited to: malfunctioning of any wireless network, mailing system or provider, telephone, computer, computer network, hardware or software or the unavailability or inaccessibility of any service. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in Entrant’s handset to receive messages. Those who do not follow all of the instructions, provide the required information in their entry form, abide by these Official Rules or other instructions of Hunt & Co. may be disqualified. All materials submitted become the property of Hunt & Co. and will not be returned. Illegible and/or incomplete entries and entries submitted by an Entrant who does not meet the eligibility requirements, including all requirements with respect to age and residence, are void. Normal time rates, if any, charged by the Entrants’ Internet service or mobile provider will apply.
The odds of winning depend on the total number of Eligible Entries received within the Entry Period. No purchase necessary. A purchase will not affect your chances of winning.
3. Prize: GRAND PRIZE of a modified 2016 SUBARU BRZ (VIN # JF1ZCAC12G9602564) (“Prize”). The interior and exterior color and condition displayed in the videos/photos may differ from the actual Prize. The winner of the Prize (“Winner”) must possess automobile insurance and a valid driver’s license prior to receiving the Prize. No cash or other Prize substitution shall be permitted except at Hunt & Co.’s sole discretion. Any costs associated with registration, taxes and licensing of the Prize are the sole responsibility of the Winner. No substitution or transfer of the Prize is permitted, except by the Hunt & Co., who reserves the right, at its sole discretion, to substitute a Prize with another Prize of equal or greater value. The Prize has no warranty and not portrayed in any specific condition. All other expenses associated with Prize acceptance not mentioned herein are the sole responsibility of the Winner. Acceptance of the Prize constitutes permission for Hunt & Co. and all of its affiliates, including TJ Hunt, to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
Prize must be picked up from San Diego, California within thirty (30) days of notification of availability from Hunt & Co. Winner understands and agrees that the entire Sweepstakes will be videotaped and photographed. Rights to any Prize ceremony video and/or photo belong solely to Hunt & Co. and can be used in any media at Hunt & Co.’s sole discretion. Winner agrees to be videotaped and photographed with the Prize in any manner as Hunt & Co., in its sole discretion, chooses. If Winner refuses to be videotaped and photographed, Winner shall forfeit the Prize, no other Prize shall be awarded and another Winner shall be chosen.
The Prize may not meet local vehicle legal regulations, including passing emissions testing, in certain areas, Hunt & Co. and Sweepstakes Entities are not responsible to ensure the Prize complies with these regulations. Winner is responsible for reviewing standards for operation of a vehicle in their state and local laws before accepting the Prize and shall be solely responsible and liable that the Prize complies with all legal regulations in Winner’s location.
4. Winner Selection and Notification: On or about June 15, 2021, the potential Winner will be determined via a random drawing, from all Eligible Entries received. As noted above, the Prize will have one (1) winner selected. The potential Winner will be notified within three (3) business days of the drawing. The potential Winner will be notified by email (at the email address provided with the entry) or by telephone (at the telephone number provided with the entry) and will be required to confirm his/her e-mail address. The Prize won by an Entrant will be awarded to the authorized account holder of the e-mail address or phone number submitted with the entry regardless of the individual who submitted the winning entry. If a potential Winner cannot be reached after a reasonable effort has been exerted, fails to respond within five (5) days of the date of notification or potential Winner forfeits the Prize, an alternate potential Winner will be randomly drawn from all remaining Eligible Entries. If the alternate potential Winner is unable to accept the Prize, the Prize is forfeited and another alternate potential Winner will be randomly drawn from all remaining Eligible Entries. This Winner selection and notification process shall be continued until a Winner is confirmed for the Prize; provided, the Prize is awarded and properly claimed by July 15, 2021, after this date, alternative Winner will not be selected and the unclaimed Prize will not be awarded. If a Prize notification is returned as undeliverable, the Prize will be forfeited immediately and an alternate potential Winner will be randomly drawn.
5. Winner Verification: Within three (3) days of being notified of being a potential Winner, each potential Winner may be required complete, sign, and return documentation required by Hunt & Co. - including a notarized Affidavit of Eligibility, release of liability, and a publicity release form (except where prohibited). Provided that a potential Winner is in compliance with the Official Rules and after having successfully proven eligibility and provided any documentation required by Hunt & Co., the potential Winner will be determined to be a Winner. Hunt & Co. expressly reserves the right to delay the announcement of the Winner for any reason it deems necessary. In addition, Hunt & Co. reserves the right to select alternate Winner in the event that any potential Winner fails to comply with these Official Rules.
If, for any reason, more than one (1) bona fide Winners come forward seeking to claim a Prize in excess of the Prize available as set forth in these Official Rules, the Winner of the Prize available may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected or unsuccessful efforts to notify the potential Winners.
6. Liability Release and Indemnity: By entering the Sweepstakes, Entrant agrees that Hunt & Co., any other Sweepstakes Entities and each of their respective parents, subsidiaries, affiliated companies, employees, officers, directors, shareholders, agents, lawyers, retailers, distributors and representatives are indemnified, released and will be held harmless by Entrant from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of the Prize. The Prize is offered and provided “as is” with no warranty or guarantee by Hunt & Co., either express or implied. Any and all warranties and/or guarantees on the Prize (if any) are subject to the manufacturer’s terms and Winner agrees to look solely to such manufacturer for any such warranty and/or guarantee. By participating in the Sweepstakes, Winner acknowledges Hunt & Co. and the Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prize.
Entrants agree to indemnify, defend, and hold harmless the Hunt & Co. and the Sweepstakes Entities from any and all liability arising out of or relating in any way to Entrant’s participation in the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities arising out of participation in the Sweepstakes, use of the Sweepstakes website(s), or receipt or use of the Prize, including but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property (including to any computer systems resulting from participation in or accessing or downloading information in connection with the Sweepstakes), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of the Prize. Entrant assumes all liability for an injury, damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of any Sweepstake website, or the acceptance, receipt, or use of the Prize or component of the Prize. Entrant further agrees that in any cause of action, the Sweepstakes Entities’ liability will be limited to the cost of entering and participating in the Sweepstakes and in no event shall the Sweepstakes Entities be liable for attorney’s fees.
The Hunt & Co. and the Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in Sweepstakes, by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. The Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winner, in the announcement of the Prize and Winner, the delivery of the Prize, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail on account of technical problems or traffic congestion on the Internet or on any website, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system or software related to or resulting from participation in, uploading any materials or downloading any materials in the Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. Hunt & Co. reserves the right in its sole discretion to disqualify any person it suspects or finds: (i) to have tampered with the entry process or the operation of the Sweepstakes; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Winner or the Sweepstakes Entities into disgrace, including, but not limited to, a person committing acts of moral turpitude, allegations or convictions of any crime; (iv) have provided inaccurate information on any documents submitted in connection with the Sweepstakes; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
7. Prize Terms: Total Approximate Retail Value (“ARV”) of the Prize offered in the Sweepstakes will not exceed Twenty Thousand Dollars ($20,000). The ARV is subject to change based upon the Winner’s residence, market conditions, changes in value of components and other reasons. Any difference between the ARV and the actual value, if any, will not be awarded. Hunt & Co. is not responsible for, and Winner will not receive, the difference between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. Failure to complete and component of any Prize does not relieve the Winner of his/her tax obligations associated with winning such Prize, if applicable. Prize details not specified in these Official Rules will be determined in Hunt & Co.’s sole discretion. The date for fulfillment of the Prize is anticipated to be sometime on or before July 31, 2021, but subject to change in Hunt & Co.’s sole discretion. The Winner shall take possession of the Prize at 1495 Poinsettia Ave., Suite 147, Vista, CA 92081. The Prize shall not be shipped by Hunt & Co. All costs associated with the Winner taking possession of the Prize shall be the responsibility of Winner, Hunt & Co. shall not pay for or be responsible for these. Any sales tax, use tax, registration and/or insurance shall be the responsibility of the Winner, Hunt & Co. shall not pay for or be responsible for these. If for any reason the Prize is unavailable or related event is delayed, cancelled, postponed or for any other reason, Hunt & Co. reserves the right to modify the Sweepstakes in its sole discretion and award a substitute Prize, or portion of the Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of a Prize, or any portion thereof, is permitted by a Winner. The Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or pick up the Prize. In the event a potential Winner cannot accept a Prize, an alternate Winner will be randomly drawn from all remaining Eligible Entries. The Prize is provided “as is”. Entrant acknowledges the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including any express warranties provided by any Prize supplier that are sent along with the Prize and any implied warranty of merchantability of fitness for a particular purpose except as required by law. Any Prize pictured online, on television, print advertising, promotional packaging or other Sweepstakes materials are for illustrative purposes only.
The value of the Prize may be taxable to the Winner as income. An IRS Form 1099 and W9 will be issued in the name of Winner for the actual value of the Prize awarded for U.S. Winner, if and as applicable. All federal, state and local tax liability, withholding taxes and any other costs and expenses associated with acceptance or use of the Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility. The U.S. federal tax law and/or California tax law may require Hunt & Co. to withhold U.S. income tax on payments made. Generally, the withholding rate is thirty percent (30%) of any payments.
8. Grant of Rights: By entering, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information and any video footage related to the Prize, for Hunt & Co., Sweepstakes Entities or any sponsor advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation, unless prohibited by law.
9. General Terms: By entering the Sweepstakes, Entrant: (a) agrees to be bound by these Official Rules and by the interpretation of these Official Rules by Hunt & Co. and by the decisions of Hunt & Co., which are final and binding in all respects; (b) acknowledges compliance with these Official Rules; (c) agrees to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agrees to release and hold harmless the Sweepstakes Entities from and against any claims, injury or damages arising out of or relating to participation in the Sweepstakes and/or the use, misuse or redemption of the Prize, and for any claim including claims based upon defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Sweepstakes, the Prize or Hunt & Co. advertising and marketing related to the Sweepstakes, Entrant or the Winner. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
Hunt & Co. and the Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if a Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, epidemic, pandemic, outbreak, acts of government, or other events outside of the reasonable control of the Sweepstakes Entities. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the reasonable control of the Sweepstakes Entities, which, in Hunt & Co.’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Hunt & Co. reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes, or any part of the Sweepstakes, is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on www.thehuntandcompany.com, if time permits and the Prize will be awarded to a potential Winner, to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event outside of the reasonable control of Hunt & Co.
Hunt & Co. reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes for clarification purposes.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND IF SHOULD SUCH AN ATTEMPT BE MADE, HUNT & CO. RESERVES THE RIGHT TO SEEK ALL REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Binding Arbitration: Except where prohibited by law, Entrant agrees: (1) any dispute, controversy or claim arising out of or relating to the Sweepstakes or a Prize awarded shall be resolved individually, without resort to any form of class action; (2) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any Prize awarded shall be resolved by binding arbitration conducted by JAMS in accordance with JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) and all arbitration fees shall be paid, solely, by Entrant; (3) any dispute shall first be submitted to mediation in accordance with JAMS Rules prior to arbitration and all mediation fees shall be paid, solely, by Entrant; (4) any arbitration shall be heard by one arbitrator to be selected in accordance with the JAMS Rules, in San Diego, California; (5) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (6) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorneys’ fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
12. Governing Law: All federal, state, provincial and local laws and regulations apply. Void where prohibited by law. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Hunt & Co. in connection with the Sweepstakes, shall be governed by, and construed in accordance with, California law without effect to any choice of law or conflict of laws rules (of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
13. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the name of the Winner must be made by June 15, 2021. For the name of the Winner and/or Official Rules: (i) send a self-addressed, stamped envelope postmarked to Hunt and Company, LLC, 1495 Poinsettia Ave., Suite 147, Vista, CA 92081; and (ii) write “Official Rules” on the lower left hand corner of the envelope.
14. Sponsored by: This Sweepstakes is sponsored by Hunt and Company, LLC, 1495 Poinsettia Ave., Suite 147, Vista, CA 92081.
15. Administered by: This Sweepstakes is administered by Hunt and Company, LLC.