Official Sweepstakes Rules
“Win With WELD” Online Referral Program Sweepstakes
1. ELIGIBILITY: No purchase necessary to enter or win. The Sweepstakes is open to legal residents of the forty-eight (48) contiguous United States (“Eligibility area”) who are twenty one (21) years of age or older at the time of entry and have the ability to enter into valid contracts in their personal jurisdiction of residence (“Contestants”). Only individuals may enter; no entry from any corporation or other legal entity shall be accepted. Each person submitting an Entry in this Sweepstakes is an “Contestant.” Participation in this Sweepstakes constitutes each Contestant’s full and unconditional representation of their age, as well as acceptance of these Sweepstakes Rules and consent to be contacted by Sponsor (or its designee) by email or telephone. The Sweepstakes is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees and directors of Sponsor, and its affiliated, subsidiary and parent entities, and their respective employees, agents, representatives, advertising, promotion, fulfillment and marketing agencies, public relations firms, consultants and contractors, their immediate families (defined as spouse, child, sibling, parent or grandparent) and those living in their households are ineligible to participate in the Sweepstakes. By participating in the Sweepstakes, Contestants agree to these Official Rules and to the decisions of Sponsor and SEMA, which are final and binding and within its sole and exclusive determination in all respects.
2. CONTEST PERIOD: Sweepstakes begins at 12:00 a.m. (ET) on May 16, 2016 and ends at 11:59 p.m. (ET) on September 30, 2016 (the “Sweepstakes Period”). All “Entries” (as defined in Section 3 hereof) must be received during the Sweepstakes Period. The Sponsor’s computer (or that of its designee for this sweepstakes) is the official time keeping device for Entry into the Sweepstakes. For purposes of these Sweepstakes Rules, all times and days are Central Daylight Time.
3. HOW TO ENTER AND WIN PRIZE: (i) Enter the Win with WELD Sweepstakes by texting: SEMA2016 to 444999; PAWLAK to 444999; ESSA to 444999; HOLBROOK to 444999; MSC2016 to 444999; BBR to 444999; BROWNGNCC to 444999; CARLYLE to 444999; DADDYDAVE to 444999; FORCERACING to 444999; KAMIKAZE to 444999; MCGILL to 444999; MILLICAN to 444999; MONZA to 444999; MOORE to 444999; SHEPHERD to 444999; or MURILLO to 444999; (ii) you will receive a response asking you to enter your email address, (iii) upon texting your email address you are entered to win. Contestants need to only enter one time. Only one entry per valid email address. Completion of steps (i)-(iii) constitute an “Entry”. By entering your email address you are agreeing to receive future communications from Sponsor. All entry information must be complete to qualify. No changes to any entry materials or information are permitted once the entry has been submitted. All entries and entry information become the sole and exclusive property of Sponsor and will not be acknowledged or returned. All entries and entry information and rights of any nature may also be used on the Sponsor website (www.weldwheels.com) and in other marketing materials in the sole and exclusive discretion and determination of Sponsor. Entries generated by any programmed script, macro, or other automated means will be disqualified. Proof of entering the Sweepstakes online will not be deemed to constitute proof of delivery or receipt of entry.
Standard carrier-messaging and data charges may apply to each text message sent and received. Contestants will receive a confirmation SMS test message on their mobile phone. All Contestants must have a text messaging two-way capable phone and SMS service in order to enter the Sweepstakes using the text messaging method. Text messaging may not be available in all areas.
5. PRIZE AWARD; WINNER ANNOUNCEMENT: The Winning Contestants will be chosen from all eligible Entries in a random drawing held on September 1, 2016. The decision of Sponsor and the judges will be final and binding.
Winning Contestant will be notified by email to the address on the entry submission. Winning Contestants may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful, Publicity Release within seven (7) days of notification. Three (3) attempts will be made to contact a Winning Contestant within a one (1) day period. If a Winning Contestant fails to respond within the one (1) day period, or if an e-mail attempt is consistently returned as undeliverable, or if the selected Winning Contestant is unwilling to participate for any reason, or s/he is not in compliance with these Sweepstakes Rules, an alternate Winning Contestant may be selected at Sponsor’s discretion. Additionally, each Winning Contestant will be required to sign and return the Affidavits in accordance with these Sweepstakes Rules. If documents are not returned timely, or if the prize notification is returned as non-deliverable, or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules in Sponsor’s sole and exclusive determination and discretion, the prize will be forfeited and an alternate winner selected.
Prize Trip for winner to Las Vegas for 3 days and 2 nights, November 2, 3, 4, 2016. Includes airfare, hotel and SEMA credentials to this trade only event as a special guest of WELD.
Retail Value $ 1500.00
6. AWARDING OF PRIZES. All prizes in the Sweepstakes are nontransferable, nonassignable, and nonnegotiable. All prizes must be accepted as awarded. Prizes are awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof) of equal or greater value if a prize is not available for any reason as determined by Sponsor in its sole discretion. Each Winning Contestant is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with his or her prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. Prizes will be awarded only upon successful verification that all Sweepstakes requirements have been met, including, eligibility, age and other information provided by the Winning Contestant. Unused components of a prize shall be forfeited and have no redeemable cash value. Winning Contestants must take delivery of their prize within thirty (30) days of notice of availability from Sponsor or the prize supplier, at a time and place specified by Sponsor or the prize supplier. Each Winning Contestant waives the right to assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem the Prize, if any.
7. TAXES. The value of the Prizes will be taxable to Winning Contestants as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of Prizes not specifically provided for in these Sweepstakes Rules are solely the Winning Contestant’s responsibility. Winning Contestants are solely responsible for reporting and paying any and all applicable taxes. Any residents of the 50 United States or the District of Columbia that win $600 or more in Prizes will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS. Any Prize awarded above the threshold shall require the Winning Contestant to provide the Sponsor with valid identification and a signed Form W-9 with a valid taxpayer identification number or social security number before any Prize will be awarded. Contestant must contact his/her own tax advisor for any questions concerning taxes.
8. DISQUALIFICATION: Contestants found tampering with or abusing any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified and will not be allowed to participate. If a Contestant is disqualified for any reason, Sponsor reserves the right to terminate the Contestant’s eligibility to participate in this Sweepstakes and future sweepstakes offered by Sponsor. Any attempt to damage any website of Sponsor, or tamper with or undermine the legitimate operation of the Sweepstakes, is a violation of these Official Rules as well as criminal and civil laws. Sponsor reserves the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law.
9. ODDS. The odds of becoming a Winning Contestant depend on the number of qualifying Entries received.
10. AFFIDAVIT OF ELIGIBILITY. Each Winning Contestant will be required to execute and return to the Sponsor an Affidavit of Eligibility and Liability/Publicity Release and a Winning Contestant’s Affidavit and Release (the “Affidavits”) (where permitted and applicable) within fourteen (14) days of notification (first attempted delivery). By completing, signing and returning the Affidavits, a Winning Contestant (i) releases and forever discharges the Sponsor, its affiliates and subsidiaries, and their respective advertising and promotional agencies (including, but not limited to any promotional company involved in this Sweepstakes) from all claims, demands, damages, actions and causes of action arising out of participation in this Sweepstakes or to arise by use of any prize, (ii) confirms compliance with these Sweepstakes Rules, and (iii) gives permission to the Sponsor or its designee, at its option, to publish or otherwise use the Winning Contestant’s name, address, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor, its promotional companies, or its respective advertising agencies, except where prohibited by law.
11. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes each Winning Contestant’s consent to Sponsor’s (and its designees’, successors’ and assigns’ (including but not limited to any promotional company involved in this Sweepstakes) use of Winning Contestant’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
12. INDEMNIFICATION. By entering the Sweepstakes, ENTRANTS AND EACH WINNING CONTESTANT AGREE TO FOREVER RELEASE, INDEMNIFY AND HOLD HARMLESS SEMA, SPONSOR, SPONSOR’S PROMOTIONAL COMPANY, SPONSOR’S PARENT COMPANIES, MANAGING AGENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RELATED PARTIES, AND EACH OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, OR DOWNLOADING OR ACCESSING OF ENTRY MATERIALS, OR THE ACCEPTANCE, POSSESSION OR USE/MISUSE OF ANY PRIZE AWARDED HEREIN, ANY GOODS OR SERVICES PROVIDED BY PARTIES OTHER THAN THE SPONSOR IN CONNECTION WITH THE PRIZE AWARDED, OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT). Contestants and each Winning Contestant further covenant not to sue Sponsor or any of the other Released Parties and hereby acknowledge that neither Sponsor nor any Released Party has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the Prizes.
13. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Contestants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an Contestant’s participation in the Sweepstakes or receipt or use or misuse of any Prize; or (6) undeliverable emails. If for any reason an Contestant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Contestant’s sole remedy is another Entry in the Sweepstakes at the discretion of the Sponsor.
14. DISPUTES. Contestants and each Winning Contestant agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Missouri courts (state and federal); (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will an Contestant or a Winning Contestant be permitted to obtain awards for, and each Contestant and Winning Contestant hereby waives 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Sweepstakes Rules, or the rights and obligations of the Contestants, the Winning Contestants and 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.
15. TERMINATION; MODIFICATION. In the event Sponsor is prevented from continuing with the Sweepstakes as a result of lack of feasibility of the Sweepstakes, compromised integrity of the Sweepstakes, infection by computer virus, unauthorized intervention, technical failures, or any other causes beyond Sponsor’s control, Sponsor may, within its sole discretion, cancel, terminate, modify, or suspend the Sweepstakes. In no event will more prizes be awarded than stated in these Sweepstakes Rules.
16. GENERAL CONDITIONS. Any individual found to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Sweepstakes Rules or in an unsportsmanlike or disruptive manner, at Sponsor’s sole discretion, may be disqualified and SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Sweepstakes Rules shall not constitute a waiver of that provision.
Potential Winning Contestants may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address and telephone number associated with the winning Entry. Proof of submitting Entries will not be deemed to be proof of receipt by Sponsor.
As guests of WELD at this TRADE ONLY event, winning contestant agrees to abide by the rules as set forth by SEMA regarding conduct on the show floor. Visit SEMAShow.com for more details on attendees.
17. WINNING CONTESTANTS LIST. For a list of the Winning Contestants’ names (available after the Sweepstakes ends) and/or a copy of these Sweepstakes Rules, send a hand-printed, self-addressed, stamped envelope to WELD Racing, LLC, 6600 Stadium Drive Kansas City, Missouri 64129 within thirty (30) days after the Sweepstakes period ends.
18. SPONSOR: The Sponsor of this Sweepstakes is WELD Racing, LLC, 6600 Stadium Drive Kansas City, Missouri 64129, USA.