K-swap Turbo FRS Giveaway Rules

 


 “Turbo FRS” Giveaway

Sponsored by BoostedBoiz

OFFICIAL RULES

 

THIS PROMOTION IS VALID ONLY IN THE 48 CONTIGUOUS UNITED STATES

AND THE DISTRICT OF COLUMBIA (EXCLUDING ALASKA AND HAWAII).

VOID WHERE PROHIBITED BY LAW.

 

NO PURCHASE NECESSARY. PURCHASE OR ACCEPTANCE OF

A PRODUCT OFFER WILL NOT IMPROVE YOUR CHANCES OF WINNING.

 

  1. ELIGIBILITY: To participate in the Turbo FRS Giveaway (the “Giveaway” or “Promotion”) sponsored by BoostedBoiz (the “Sponsor”) all participants must (a) be of legal age of majority in their state of residence at the time of entry; (b) possess a valid form of identification; and, (c) be a legal resident of one of the 48 Contiguous United States or the District of Columbia, (excluding Alaska, Hawaii, overseas military installations and other U.S. territories). 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, state, and local laws and regulations apply. Employees of Boosted Boiz (the “Sponsor”), their affiliates, subsidiaries, advertising, promotion partners and internet agencies, and each of their respective officers, directors and agents (collectively "Released Parties") and their immediate family members (spouse, parent, child, sibling, and grandparent) and/or those living in the same household of each are not eligible. The Giveaway is void where prohibited. By participating in the Giveaway, entrants agree to be bound by these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

  1. PROMOTION PERIOD: The Giveaway begins on November 10, 2022 and ends at 11:59:59 PM Eastern Time (“ET”) on December 12, 2022 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.

 

  1. TWO (2) WAYS TO ENTER:

 

  1. Automatically via a purchase. During the Promotion Period, qualified purchases at www.theboostedboiz.com (the “Website”) and at the following event: Cleetus and Cars event on November 19, 2022 and November 20th, 2022 in Bradenton, Florida, will earn entries as follows:  1 entry for every $5 spent.

 

Online purchase transactions must be received by 11:59:59 PM ET on December 12, 2022 to be eligible to receive entries.

 

The number of entries you receive will be based on the list price of your eligible purchase (excludes discounts, sales tax and shipping charges) and will be rounded up to the nearest dollar. If a purchase is returned prior to the drawing, entry/ies associated with that purchase will be voided. All purchases are subject to Sponsor’s return policy.

 

  1. Mail-in Entry – No Purchase Necessary. To receive 25 entries without making a purchase, on a plain piece of 3”x5” paper, hand print your complete first and last name, street address, city, state, zip code, date of birth (mm/dd/yyyy), e-mail address plus daytime telephone number including area code. Mail your entry in a #10 business-size envelope with first-class postage affixed, to: BoostedBoiz Giveaway Entry, POB 738, Syosset, NY 11791-0738. Your outer-mailing envelope must include a valid return address, which includes a complete first and last name. Mailed entries received without a verifiable and legible return address will be deemed incomplete and invalid. Limit one entry per outer-mailing envelope. Bulk shipments (multiple entries in one shipping package) will not be accepted. Mail-in entry, including outer-mailing envelope must be handwritten. No mechanically reproduced entries or metered mail permitted. Entries that are postmarked by December 12, 2022 and received by December 16, 2022 will be eligible for the random drawing. Each mail-in envelope will count as twenty-five (25) entries, provided that the mail-in entry complies with the above requirements.

 

Mail-in entries that are not in the format specified above, that are illegible, inaccurate, incomplete, or reproduced via photocopier or otherwise will be considered null and void. Proof of submission does not constitute proof of receipt. Not responsible for lost, late, illegible, mutilated, misdirected, postage-due entries or entries not received by the deadline. All material submitted becomes property of Sponsor and will not be returned. No correspondence will be acknowledged or entered into; requests for confirmation of receipt of mail-in entries will not be acknowledged.

 

ENTRY MULTIPLIER: Throughout the Promotion Period, the Sponsor may announce opportunities to increase the number of entries you may earn by a multiplier (e.g., (2X), (5X) or (10X) (each an “Entry Multiplier”). When an Entry Multiplier is offered, entries will be multiplied by the applicable Entry Multiplier. For example, a purchase of $25 during a 2X Entry Multiplier offer will earn 50 entries. Timing for an Entry Multiplier offer will be determined solely by the Sponsor and will be announced by the Sponsor at www.theboostedboiz.com.   

 

During this specified time period, mail-in entries (follow directions for mail-in entries above) with the words “ENTRY MULTIPLIER” and the entry multiplier being offered hand written in the bottom left-hand side of the envelope will earn “ENTRY MULTIPLIER” if their entry is postmarked on the specified date(s). For example, “ENTRY MULTIPLIER 5X”. If the “ENTRY MULTIPLIER” offer falls on a Sunday or federal holiday, the mail-in entry must be postmarked the following business day immediately following the offer and received within the next 5 days.  Mail in entries received that comply with all the above requirements will receive the applicable number of entries for the respective multiplier offered (e.g., 2X = 50 entries; 5X = 125 entries; 10X = 250 entries per mailing envelope, etc.). 

 

  1. RANDOM DRAWING: A random drawing to select winner will be conducted on or about December 21, 2022 from among all eligible entries received. The random drawing will be conducted by Marden-Kane, Inc. (the “Administrator”), an independent judging organization whose decisions are final. Odds of winning will depend upon the number of eligible purchase and mail-in entries received.

 

  1. WINNER NOTIFICATION AND VERIFICATION: Prize award is subject to eligibility verification. Potential winners will be notified by email and/or phone by the Administrator. Potential winners will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and, if legally permissible, a Publicity Release along with a copy of his/her valid driver’s license; winner will be required to complete and return a W-9 Tax form (collectively “Documents”). All required Documents must be returned within 3 days (including Saturdays, Sundays and Holidays) of attempted delivery of same. Failure to return properly completed Documents within the specified time, failure to respond to a notification within the time period stated or return of any prize/prize notification as undeliverable, will result in disqualification without further notice and an alternate may be selected. In the event a potential winner is deemed ineligible, fails to comply with the Official Rules or is unable to claim the prize as specified, the potential winner will be disqualified, and an alternate winner will be selected. Prize award is contingent on eligibility verification and potential winner completing and returning all required Documents. Only three (3) random drawings to select an alternate winner (if necessary) will be conducted, after which the applicable prize will remain unawarded. By accepting a prize, winner understands and agrees that they may be videotaped, recorded and/or photographed as part of a prize award ceremony. Rights to any prize ceremony video, audio and/or photo belong solely to the Sponsor and can be used in any media throughout the world in perpetuity and in any manner at Sponsor’s sole discretion, without further review, notice, approval, consideration or compensation to the winner or any third party.

 

SCAM ALERTIf you are selected as a Winner, you will NOT be required to pay a fee in order to receive a prize. If you receive a phone call, letter, email and/or a direct message on social media from someone that states you have won a prize and you need to send money before receiving your prize, it is a SCAMNever release your credit card or banking information. Never wire money from your bank or from a money transfer platforms like Zelle or Venmo. Prize winnings must be reported to the IRS when filing your tax returns, and any federal or state income taxes would need to be paid by the winner directly to the IRS.

 

  1. PRIZES AND APPROXIMATE RETAIL VALUES (ARV). PRIZE VALUE STATED IN U.S. DOLLARS (USD):

One (1) Grand Prize – a Turbo FRS valued at approximately $20,000 and $5,000usd.

               

Total Approximate Retail Value of all prizes: $25,000.00.

 

Additional Grand Prize vehicle disclosures - Winner must agree to accept delivery of the vehicle at a Sponsor-specified location within thirty (30) days of notification of availability from the Sponsor. Failure to take delivery within 30 days of availability could cause prize to be forfeited and awarded to an alternate. Winner must have a valid driver’s license which permits operation of the prize vehicle in the winner’s place of residence and evidence of legally required insurance prior to taking delivery. Winner will be solely responsible for any applicable licensing, insurance, title and registration fees and any other expenses related to the acceptance and use of a prize not specified herein, including but not limited to any costs incurred by winner relating to the acceptance, pickup/transport or use of any component of the Vehicle Prize.  In the event winner is unable to take delivery of the prize, winner will be disqualified, and an alternate winner may be selected. Vehicle is preowned and will be awarded “AS IS” without warranty by Sponsor of any kind. Winner acknowledges that Sponsor has not made nor is in any manner responsible for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize offered in this Promotion, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Vehicle portion of the prize may not meet safety or emissions testing required in some states and counties. Winner is responsible to check their country/state/county for any safety and emissions inspection requirements and must use vehicle in accordance with country/state/county regulations.

 

Prizes consist of only the items specifically listed as part of the prize. Prize values are taxable as income; winner will receive an IRS form 1099 for the value of the prize as stated herein. Winner will be responsible for any applicable federal, state, and local taxes and any other expenses related to the acceptance and use of the prize not specified herein.  Sponsor reserves the right to substitute any portion of a prize with a prize of equal or greater value at its sole discretion. No substitution or transfer of prize by winner permitted. In no event will more than the stated number of prizes be awarded.

 

  1. RELEASE: Entrants/winner (and their parent/legal guardian if winner is considered a minor in his or her jurisdiction of residence) agree to release, discharge and hold harmless Released Parties and their respective successors and assigns from and against any claim or cause of action or liability (including but not limited to, personal injury, death or damage to or loss of property) arising out of participation in the Giveaway or acceptance/receipt/travel to and/or from  prize pick up location/use or misuse of the prize, and agree to be bound by the Official Rules and the decisions of the Sponsor and/or Sponsor’s representatives, which are final. Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winner’s name and/or likeness for purposes of advertising and trade without further compensation, including a winners list, unless prohibited by law. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the prize.

 

  1. NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Released Parties are not responsible for faulty, incorrect, undeliverable or mistranscribed phone/e-mail/internet transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Promotion. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. Sponsor reserves the right to cancel or modify the Promotion if for any reason, the Giveaway is undermined by any event beyond the Sponsor’s control, including but not limited to fire, flood, epidemic, labor dispute or strike, act of God or public enemy, or any force majeure event or if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/it’s agencies, in their sole discretion. In the event of termination, a notice will be posted online and a drawing to award the Prize(s) will be conducted from among all eligible entries received prior to termination. The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, epidemic, act of public enemies or any act outside of the Sponsor’s control/force majeure event will not be considered a breach of these Official Rules. In the event a dispute arises regarding the identity of the entrant, entry will be deemed made by the person whose name appears on the online order form or mail-in entry. Any damage made to the Website by an entrant will be the responsibility of the entrant and/or the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

 

  1. DISPUTES AND CHOICE OF LAW: Entrant agrees that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Promotion, the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved. Entrant agrees that whenever you have a disagreement with Administrator or Sponsor arising out of, connected to, or in any way related to the Promotion, the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy, you will send a written notice to the Sponsor (“Demand”). Entrant agrees that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before entrant accepted these Official Rules or the Sponsor's and/or Administrator's Privacy Policy. Entrant must send the Demand to BoostedBoiz: 1104 W Old Hillsborough Avenue, Seffner, Florida 33584. Entrant agrees that entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after entrant sends a Demand. If the disagreement stated in the Demand is not resolved to entrant’s satisfaction within 10 business days after it is received, and entrant intends on taking legal action, entrant agrees that it will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of entrant, Administrator, and Sponsor to litigate claims in court and entrant, Administrator and Sponsor each agree to waive their respective rights to a jury trial or a state or federal judge. Entrant agrees that it will not file any lawsuit against Administrator or Sponsor in any state or federal court. Entrant agrees that if it does sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, entrant must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, entrant must affect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, entrant may file its case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any dispute it has with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be in the County of Hillsborough, Florida. Entrant agrees that it will not file a class action or collective action against Administrator or Sponsor, and that entrant will not participate in a class action or collective action against them. Entrant agrees that it will not join its claims to those of any other person. Notwithstanding any other provision in the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances does entrant, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with entrant to arbitration before the Arbitrator. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor’s in connection with the Sweepstakes, 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. This arbitration provision shall survive conclusion, modification or termination of the Sweepstakes and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of the parties relating to or arising from participation in the Sweepstakes.

 

  1. Entrant agrees that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including any costs associated with participation in this Giveaway but in no event attorneys' fees; and under no circumstances will entrants/winner be permitted to obtain awards for, and entrants/winner hereby waive all rights to claim, punitive, incidental and consequential damages or any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

 

  1. PRIVACY: Information collected from participants is subject to Sponsor’s privacy policy at theboostedboiz.com/policies/privacy-policy. Sponsor will provide the personal information provided to enter this Giveaway to a third-party fulfillment company only to administer the Giveaway and verify the winner.

 

  1. WINNERS LIST: The name of the Grand Prize Winner will be announced at www.theboostedboiz.com on or about December 28, 2022, or after the Grand prize winner has been verified.

 

SPONSOR:  BoostedBoiz, 1104 W Old Hillsborough Avenue, Seffner, Florida  33584. Mail-In entries will not be accepted at this address.

 

ADMINISTRATOR:  Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416.

 

Manufacturers of prizes offered in this Promotion are not a Sponsor or participant in this Giveaway and no association or endorsement is implied.

 

Copyright 2022 Marden-Kane Inc.  All rights reserved.  Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the Entrant’s personal use only.