NSX Sweepstakes Official Rules
“NSX Giveaway” Sweepstakes
Sponsored by LZ BMX LLC.
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
“NSX Giveaway” Sweepstakes (the “Sweepstakes”) is sponsored by LZ BMX LLC (the “Sponsor”) and administered by Marden-Kane, Inc. (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 September 23, 2022 at 9:01:00 a.m. Eastern Time (“ET”) and ends on November 16, 2022 at 11:59:59 p.m. ET (the “Sweepstakes Period”).
2. ELIGIBILITY All participants must (a) be of legal age of majority in their country/state/province of residence at the time of entry; (b) possess a valid form of identification; and, (c) be a legal resident of one of the 50 United States or the District of Columbia, (excluding overseas military installations and other U.S. territories), Canada (excluding Quebec), United Kingdom, New Zealand, Finland, France and Switzerland. 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 country, federal, national, provincial, 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”).
3. HOW TO ENTER Internet access required at Entrant’s 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:
- • Online entry: Purchase an eligible product, to be clearly identified on Sponsor website, at www.LZMFG.com and receive one (1) entry for every $5usd 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.LZMFG.com.
- • Event entry: During the Sweepstakes Period (as stated above), LZ BMX will be participating in local events and will be selling their eligible products. Dates/times of these events will be announced on the LZ BMX social media channels. Purchase of products at the event will receive one (1) entry for every $5usd spent. If purchase is returned prior to Sweepstakes drawing, eligible entries will be voided. No limit on number of entries received with a purchase at a participating event.
- • Mail-in entry (no purchase required): In a number #10 envelope insert one (1) 3” x 5” card with the following information: hand printed name, complete mailing address, email address, telephone number (including country code if applicable) and date of birth. Hand print on the upper lefthand corner of the #10 envelope a name and return address. Send to: NSX Giveaway Sweepstakes, LZ BMX LLC, P.O. Box 488, Syosset, New York, 11791-0488. For each envelope received earn one (1)* Sweepstakes entry. Incomplete mail-in entries will be disqualified. Envelopes must be mailed individually. Mail-in entries must be postmarked by November 16, 2022 and received by November 30, 2022 to qualify.
*Mail-in entries received from United Kingdom, Finland, France and Switzerland will receive two (2) entries per mail-in entry (must follow guidelines as stated above) or will be disqualified.
COUNTRY SPECIFIC NOTICES: If any provision of these rules is invalid under the law, rules or regulations of a particular country, it will only apply to the extent permitted. In addition to the tax liability disclosures in these Official Rules, Sweepstakes Winners are subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and regulations of the Winner’s country of residence. By entering the Sweepstakes, Entrants hereby expressly agree and accept that for all that is related to the interpretation, performance and enforcement of these Official Rules, each of them expressly submit themselves to the laws of the United States of America and to the jurisdiction of the competent courts in the County Seminole, in the State of Florida, United States of America, expressly waiving to any other jurisdiction that could correspond to them by virtue of their present or future domicile or by virtue of any other cause.
GOVERNING LAW/JURISDICTION: Unless the laws relevant for the domicile of the Entrant provide otherwise, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of Florida, United States.
Notice to all international entrants: As stated above, it is your responsibility to comply with the Sweepstakes laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding Sweepstakes that may prevent Sponsor from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor. By entering this Sweepstakes, you acknowledge the risks, and understand that you may win, but not be able to receive a Prize.
4. DRAWING On or about December 5, 2022 (the “Draw Date”) a random draw will be conducted by Sweepstakes Group or its designee, from all eligible Entries that are timely received in accordance with Section 3 to select one (1) Grand 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 Sweepstakes Group 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 Winners: in order to be declared a Winner must:
- (i) complete and return to Sweepstakes Group (or its authorized agent) by the deadline specified in the notification and documents a written affidavit of eligibility (or declaration and release) and publicity release form (collectively, the “Release”), releasing the Sweepstakes Group 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 Sweepstakes Group will attempt to notify the Potential Winner a maximum of two times. If a Potential Winner does not respond within three (3) calendar days of first attempt by Sweepstakes Group or its agent, Sweepstakes Group 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 three (3) calendar days of second attempt by Sweepstakes Group 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 Sweepstakes Group’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 Grand Prize: a 1992 Honda NSX valued at $60,000.00 USD and $20,000 cash (to be fulfilled as a check in the name of the Grand Prize Winner). Estimated Retail Value: $80,000usd.
Winners are solely responsible for all taxes, VAT, and surcharges imposed by any authority with jurisdiction in compliance with applicable law and regulations.
SPONSOR WILL NOT BE LIABLE TO MAKE ANY PAYMENT IN ADDITION TO THE PRIZE AMOUNT SET FORTH IN THESE OFFICIAL RULES
Prize redemption to be arranged between Sponsor and Winner upon clearance confirmation of Winner status. Grand Prize Winner is responsible with the following fees associated with picking up the prize, including, but not limited to: gas, registration, insurance, towing fees, etc…. Sponsor to provide temporary documents for Grand Prize Winner to get vehicle to final destination. Grand Prize Winner must present a valid driver’s license and insurance card prior to delivery.
Prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash. The Sweepstakes Group 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. Sweepstakes Group will not replace any damaged, lost or stolen prize. To the extent permitted by law, Sweepstakes Group makes no representations or warranties with respect to Prize. Winner will be responsible for all taxes (determined by applicable jurisdictions) and all expenses not listed herein related to acceptance and use of Prize. If applicable (based on jurisdiction of residence) 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.
Grand Prize Additional Terms and Conditions: GRAND 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 Grand 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 Grand Prize, the Winner shall release the Sweepstakes Group 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, Entrant’s consent to such collection, use, and disclosure of your personal information.
By accepting a Prize, each winner agrees to Sweepstakes Group’s use of his/her name, city/state/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sweepstakes Group may conduct relating to the Sweepstakes in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Aggregate and anonymized Sweepstakes winner information may be used by the Sweepstakes Group to communicate about the Sweepstakes to its retailers and distributors.
8. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY Sweepstakes Group 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 Sweepstakes Group’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 Sweepstakes Group, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sweepstakes Group 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 Sweepstakes Group, 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 Sweepstakes Group 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. Sweepstakes Group reserves the right to correct any typographical, printing, computer programming or operator errors. Sweepstakes Group’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 Sweepstakes Group his/her prize, or the cash value thereof. Sweepstakes Group reserves the right at its 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 SWEEPSTAKES GROUP 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 SWEEPSTAKES GROUP HAS NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD THE SWEEPSTAKES GROUP 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. SWEEPSTAKES GROUP 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 Sweepstakes Group 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 Sweepstakes Group 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 Oviedo, Florida; (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 Sweepstakes Group 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.
12. WINNERS LIST
Winner to be posted on promotion website after confirmation of winner and up until December 31, 2022
13. SPONSOR CONTACT INFORMATION
LZ BMX LLC
521 S Econ Circle Suite 1009 Oviedo, FL 32765
14. ADMINISTRATOR INFORMATION
575 Underhill Blvd, Suite 222, Syosset, NY 11791
Prize providers are not Sponsors or Participants in this Sweepstakes.
©2022. Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.
***WE DO NOT ACCEPT RETURNS DURING SWEEPSTAKES PERIODS***
Due to the nature of sweepstakes we cannot accept returns for refunds during sweepstakes periods. We can however exchange your item for a different size if the size requested is available.