2020 Panda Motor Works, LLC Sweepstakes Official Rules
“2020 Panda Motor Works LLC” Sweepstakes
Sponsored by PANDA MOTOR WORKS, LLC
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
“2020 Panda Motor Works, LLC” Sweepstakes (the “Sweepstakes”) is sponsored by PANDA MOTOR WORKS, LLC (the “Sponsor”) and administered by Panda Motor Works, LLC, (the “Administrator”). For the purposes of the Sweepstakes, the “Sweepstakes Group” is composed of the Sponsor and the Administrator, together with their affiliates and related companies, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Sweepstakes, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Sweepstakes and their respective officers, directors, employees, agents, and other representatives.
1. SWEEPSTAKES PERIOD The Sweepstakes starts on January 15, 2020 at 9:01:00 a.m. Central Standard Time (“CST”) and ends on April 15, 2020 at 11:59:59 p.m. CST (the “Sweepstakes Period”).
2. ELIGIBILITY This Sweepstakes is open to (a) legal permanent U.S. residents residing in the fifty (50) Unites States or the District of Columbia who are at least 21 years of age or older at the time of entry; (b) possess a valid form of identification, plus a passport, and a valid social security number for Sponsor to report the tax liability associated with acceptance of the respective prize. Sweepstakes is void in Puerto Rico, overseas military installations, and other US territories and possessions located outside of the United States and the District of Columbia, and where restricted or prohibited by law. Persons identified as “Blocked Persons” or persons subject to applicable sanctions prohibitions, including, without limitation, those persons listed on the U.S. Department of Treasury Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List are not eligible to participate in the Sweepstakes. All applicable federal, national, state, and local laws and regulations apply. Void where prohibited, restricted or where Sweepstakes Group would be subject to a tax by law. Excluded from eligibility are officers, directors, employees, agents and representatives of Sweepstakes Group, each of its respective parent, affiliated or related companies, agencies, suppliers of the materials and services related to this Sweepstakes, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives (collectively above, the “Eligibility Criteria”).
*Prize will be awarded to a parent or guardian (proof required) if an Entrant is younger than the age of majority in their jurisdiction of residence at time of entry. Parent will be required to agree to be bound by these official rules and all federal, national, state and local laws. Parent/guardian will be responsible for taxes for the value of the prize. If parent/guardian declines to accept the prize and follow the requirements as set forth in these Official Rules, Entrant will forfeit the prize.
3. HOW TO ENTER Internet access required at your cost. An individual meeting the eligibility criteria may enter the Sweepstakes during the Sweepstakes Period by one of the following methods of entry:
During the Sweepstakes Period:
- Purchase an eligible product, to be clearly identified on Sponsor website, at www.pandamotorworks.com and receive one (1) entry for over $25.00 spent. If purchase is returned prior to Sweepstakes drawing, eligible entries will be voided. No limit on number of entries received with a purchase on www.pandamotorworks.com. During the Sweepstakes Period, an eligible product shall be highlighted each week, for only one (1) week, and two (2) entries will be received for the purchase of a highlighted product only during the one (1) week the product is highlighted. One entry (1) for a referral added to the comment section with an email address during the Sweepstakes Period will be received, plus one entry (1) for the person referred. No limit on number of entries
- Mail-in entry: In a number #10 envelope insert one (1) index card with the following information: hand printed name, address, city, state, zip code, email address, telephone number and date of birth. On the reverse side of the index card, in 30 words or less, complete the following sentence: “I want to win the Cruise Because... .”. Send to: 2020 Panda Motor Works, LLC, 124 Trade Center Drive, St. Peters, Missouri 63376. For each envelope received earn two (2) Sweepstakes entry. Incomplete mail-in entries will be disqualified. Envelopes must be mailed individually. Mail-in entries must be postmarked by April 15, 2020 and received by April 18, 2020 to qualify. Mail in entries will earn double entries during the double entry timeframe of April 9th, 2020 through April 15th, 2020.
4. DRAWING On or about April 15, 2020 (the “Draw Date”) a random draw will be conducted by Sponsor or its designee, from all eligible Entries that are timely received in accordance with Section 3 to select one (1) Prize winner. Odds of being selected as eligible to win a Prize in this Sweepstakes will depend on the total number of eligible Entries timely received in accordance with Section 3.
5. PRIZE CLAIM CONDITIONS Entrants selected as potential winners (“Potential Winners”) are subject to verification of eligibility and compliance with these Official Sweepstakes Rules. Each Potential Winner will be notified by Sponsor within approximately forty-eight (48) hours of the Draw Date at the email account provided during the purchase process or via the mail-in entry.
Potential Prize Winner:
In order to be declared a Winner must:
- (i) complete and return to Sponsor (or its authorized agent) by the deadline specified in the documents a written affidavit of eligibility (or declaration and release) and publicity release form (collectively, the “Release”), releasing the Sponsor from any liability in connection with this Sweepstakes or the acceptance, possession, use or misuse of any Prize;
- (ii) complete all tax documentation required by the law of the jurisdiction in which the Potential Winner resides (“Tax Documentation”);
The Sponsor will attempt to notify the Potential Winner a maximum of two times. If a Potential Winner does not respond within five (5) calendar days of first attempt by Sponsor or its agent, Sponsor will make a second and final attempt to notify the Potential Winner. Return of any Prize or winner notification as undeliverable, inability to reach a Potential Winner or failure of a Potential Winner to respond to notification within five (5) calendar days of second attempt by Sponsor or its agent, failure to provide proof of eligibility (if requested), Release documents, Tax Documentation or other required documentation in a timely manner, or other non-compliance with these Official Sweepstakes Rules may result in disqualification, forfeiture of the Prize and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited Prize at random from all remaining eligible Entries received, who will be subject to disqualification in the same manner.
6. PRIZE Prize: a 4 day Cruise to the Caribbean on Carnival Cruise Line. Estimated Retail Value: $3,000 United States Dollars. Prize is non-transferrable.
Potential Winner will be announced by live video and Potential Winner will be notified by email. Potential Winner must respond to Sponsor by email within Forty-Eight (48) hours of notification being delivered by email. In the event Potential Winner will be asked for verification requirements by email and must respond within Forty-Eight (48) hours by email. Upon verification, Potential Winner will receive prize electronically. Prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash. The Sponsor reserves the right to substitute any Prize for a prize of equal or greater monetary value, in cash or otherwise, at its sole discretion, if a Prize, or any component of any Prize, cannot be awarded for any reason. Sponsor will not replace any damaged, lost or stolen prize. To the extent permitted by law, Sponsor makes no representations or warranties with respect to Prize. Winner will be responsible for all taxes (federal, state, and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of Prize. Winner will receive an IRS form 1099 after the end of the calendar year in which the prize is awarded, and copy of such form will be filed with the Internal Revenue Service (IRS), or such other tax form as may be required by the laws of the jurisdiction in which the winner resides. In the event Potential Winner is found to be ineligible, or if he/she does not comply with the Official Rules, then the potential Prize Winner will be disqualified and an alternate potential Prize Winner will be selected from the remaining eligible entries. If the notification is returned as undeliverable, this will result in disqualification and an alternate potential Prize Winner will be selected.
Prize Additional Terms and Conditions: PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
The Prize Winner assumes all responsibility for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of the prize.
By accepting the Prize, the Prize Winner shall release the Sponsor from all liability and responsibility for use of the prize.
7. PERSONAL INFORMATION Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes for the purposes of administering the Sweepstakes and prize fulfillment. By entering this Sweepstakes, entrants consent to such collection, use, and disclosure of your personal information.
8. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY Sponsor reserves the right to suspend or modify this Sweepstakes, or these Official Sweepstakes Rules, in whole or in part, at any time and without notice or obligation if, in Sponsor’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Sweepstakes Rules. Without limiting the generality of the foregoing, if the Sweepstakes, or any part thereof, is not capable of running as planned for any legitimate reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor may, in its sole discretion, void any suspect Entries and: (a) terminate the Sweepstakes, or any portion thereof; (b) modify or suspend the Sweepstakes, or any portion thereof, to address the impairment and then resume the Sweepstakes, or relevant portion, in a manner that best conforms to the spirit of these Official Sweepstakes Rules; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
9. GENERAL CONDITIONS Winning a Prize is contingent on fulfilling all the requirements set forth herein. All Entries become the property of Sponsor, where permitted and in any event none will be returned or acknowledged. Mass Entries, automated Entries, Entries submitted by third parties, and any Entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All Entries and prize claims are subject to verification. Proof of Entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Sweepstakes Rules. Decisions of Sponsor will be final and binding on all matters pertaining to this Sweepstakes. Sweepstakes is subject to all applicable federal, state, and local laws, of all applicable jurisdictions. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor’s failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Sweepstakes Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Sweepstakes Rules is determined to be invalid or otherwise unenforceable, then the Official Sweepstakes Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her prize, or the cash value thereof. Sponsor reserves the right at his sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes and/or Sweepstakes websites or apps, violates the Official Sweepstakes Rules, Sponsor’s Terms of Service, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW
10. LIMITATIONS OF LIABILITY AND RELEASES BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SPONSOR HAS NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD THE SPONSOR HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES, INCLUDING ACCESS TO AND USE OF THE SWEEPSTAKES WEBSITES, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. SPONSOR IS NOT RESPONSIBLE FOR ANY UNDELIVERED E-MAILS, INCLUDING WITHOUT LIMITATION E-MAILS THAT ARE NOT RECEIVED BECAUSE OF A WINNER’S PRIVACY OR SPAM FILTER SETTINGS WHICH MAY DIVERT ANY NOTIFICATION OR OTHER E-MAIL, INCLUDING ANY WINNER NOTIFICATION E-MAIL, TO A SPAM OR JUNK FOLDER. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you, please see Rule 12 below.
Without limiting the foregoing, but subject to Rule 12 below, the Sponsor and any of Sponsor’s other agencies, suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Sweepstakes website users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of submissions in the Sweepstakes; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, Entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Sweepstakes; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
11. DISPUTE RESOLUTION Except where prohibited, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for St. Louis, Missouri; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE RESTRICTIONS IN THE EVENT OF DISPUTE OR LIMITATIONS 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 Sweepstakes Rules, or the rights and obligations of you and the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Missouri without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.
12. WINNERS LIST Winner to be posted on promotion website after confirmation of winner and up until May 31, 2020.
13. Panda Motor Works, LLC
124 Trade Center Drive, St. Peters, Missouri 63376
14. ADMINISTRATOR INFORMATION
Panda Motor Works, LLC 124 Trade Center Drive, St. Peters, Missouri 63376