FYEAH SKYLINE GTS-T GIVEAWAY
NO PURCHASE NECESSARY. PURCHASE OR ACCEPTANCE OF
A PRODUCT OFFER WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The FYEAH Skyline GTS-T Giveaway (the “Giveaway”) and any advertisement relating thereto is intended for participation only by legal residents of the 50 U.S. and the District of Columbia. This Giveaway shall be construed according to, and governed exclusively by U.S. law. Do not participate in this Giveaway if you do not fall within the eligibility requirements set forth below. The Giveaway is sponsored by FYEAHCO LLC, of Kent Connecticut (the “Sponsor”).
1. ELIGIBILITY: To participate, entrant must be a legal resident of the 50 United States or the District of Columbia, legal age of majority in his/her jurisdiction of residence (19 in AL and NE, 21 in MS, 18 in all other states) and a licensed driver. Employees of FYEAHCO LLC, its affiliates, subsidiaries, advertising, promotion partners and internet agencies (collectively "Released Parties") and their immediate family members (spouse, parent, child, sibling, grandparents) and/or those living in the same household of each are not eligible to participate in this Giveaway. All federal, state and local laws and regulations apply. By participating in the Giveaway, entrants agree to be bound by these Official Rules.
2. GIVEAWAY ENTRY PERIOD: The Giveaway begins at 12:00:00 AM ET on November 8, 2019 and ends at 11:59:59 PM ET on December 27, 2019 (the “Entry Period”). Any entries received thereafter shall be null and void and ineligible for the Giveaway. Sponsor’s computer or that of its designee is the official time-keeping device for the Giveaway.
3. TO ENTER:
A. Entering Online: In order to be entered into the Giveaway, an eligible entrant must go to www.tommyfyeah.com (the “Website”) and purchase one or more items. You will automatically receive one (1) entry into the Giveaway for every $5 spent (excludes sales tax and shipping charges) and will be rounded up to the nearest dollar. If a purchase is returned prior to the Giveaway drawing, any entry associated with that purchase will be voided. Your purchase transaction must be received by 11:59:59 PM ET on December 27, 2019 to be eligible to receive entries. All purchases are subject to Sponsor’s return policy.
B. Entering via Mail-in: In order to be entered into the Giveaway 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), daytime phone number including area code plus email address. On the opposite side of your mail-in entry, in at least 25 words, complete the following sentence: “Winning Fyeah’s Skyline will change my life because…” . Your entry should be mailed in a #10 business-size envelope with first-class postage affixed to: FYEAH Skyline Giveaway, POB 398, Plainview, NY 11803-0398. Limit one entry per outer-mailing envelope. Bulk shipments (multiple entries in one shipping package) will not be accepted. Entries must be postmarked by December 27, 2019 and received by January 2, 2020. Mail-in entry, including outer-mailing envelope must be handwritten. You will receive 5 entries for each mail-in entry request, provided that the mail-in entry complies with the above requirements. No mechanically reproduced entries or metered mail permitted. Statements contained in mail-in entries will not be judged but must be unique; Statements must not in any way reflect negatively upon Sponsor, the promotion or any other person or entity. Mail-in entries that are not in the format described above, that are illegible, incomplete, inaccurate 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 entry deadline.
By entering online you consent to receive email communications from the Sponsor. All material submitted becomes property of Sponsor and will not be returned. No correspondence will be acknowledged or entered into.
4. WINNER SELECTION, NOTIFICATION AND VERIFICATION: Subject to the terms and conditions set forth herein, there will be one winner in this Giveaway. A random drawing to select the potential winner will be conducted on or
about January 3, 2020 from among all eligible online purchase and mail-in no-purchase entries received. The random drawing will be conducted by Sponsor’s representative, an independent judging organization whose decisions are final. Odds of winning will depend upon the number of eligible entries received. Potential winner will be contacted by email, mail, and/or phone and will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, a W-9 Tax form, and where lawful, a Publicity Release (“Documents”) within 3 days (including Saturdays, Sundays and Holidays) of attempted delivery of same. If the potential winner is unreachable, does not respond within the time indicated, or fails to accept the Prize, as defined below, the notification process will continue on to an alternate winner. Arrangements for delivery of Prize will be made upon winner’s eligibility verification.
5. PRIZE DESCRIPTION AND APPROXIMATE RETAIL VALUE: One (1) winner will receive a Skyline GTS-T valued at approximately USD $15,000 (“Prize”). Winner will be solely responsible for any applicable licensing, insurance, title and registration fees and any other expenses not specified herein, including but not limited to costs incurred by winner related to the acceptance, pickup/transport or use of the Prize. Winner must agree to pick up Prize vehicle at his/her own expense at a Sponsor-specified location in the U.S. within thirty (30) days of notification of availability from the Sponsor. Winner must have a valid driver’s license and evidence of legally required insurance prior to taking delivery. If the winner is unable to take delivery of the Prize vehicle, winner will be disqualified and an alternate winner may be selected. No substitution or transfer of Prize by winner permitted. The Prize 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 Giveaway, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Sponsor reserves the right to provide a cash alternative or to substitute a prize of equal or greater value at its sole discretion. Prize consists of only the item specifically listed as part of the prize. Winner will be responsible for any applicable federal, state and local taxes. Winner will receive an IRS form 1099 for the value of the prize as stated herein. Winner is responsible to confirm the safety and emissions requirements applicable to their state/county and must use vehicle in accordance with the required regulations. Vehicle may not meet safety or emissions testing required in some states and counties. In no event will more than the stated number of prizes be awarded.
Vehicle (Car) manufacturer is not a Sponsor or Participant in this Giveaway and is not affiliated with the Sponsor in any way.
6. RELEASE: Entrants/winner agree to release, discharge and hold harmless Released Parties from and against any and all liability (including damages caused or claimed to be caused) arising out of participation and/or acceptance/use of 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 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.
7. GENERAL CONDITIONS: 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 reserves the right to cancel or modify the promotion if for any reason, the Giveaway is undermined by a 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. 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. In the event of termination, a notice will be posted online and a drawing to award the Prize will be conducted from among all eligible entries received prior to termination. 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.
8. CHOICE OF LAW AND JURISDICTION: All questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with this Giveaway, will be governed by and construed in accordance with the laws of the State of Connecticut without regard to its choice of laws or conflict of law provisions. CLAIMS MAY NOT BE RESOLVED THROUGH ANY FORM OF CLASS ACTION. By participating, entrants irrevocably consent to the exclusive jurisdiction of the federal and state courts of the county of Litchfield, in the state of Connecticut for any action, suit or proceeding arising out of or relating to this Giveaway.
10. WINNERS LIST: To view the winner of this Giveaway, visit www.tommyfyeah.com on or about January 8, 2020 or after the winner has been verified.