Aluminess Products Inc. Cyclone Giveaway Terms & Conditions
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO ENTER. Void in AK, HI and where prohibited or restricted by law.
All Entries and participation in this Promotion shall be governed by these Official Rules available at https://www.aluminess.com/help/terms-conditions-giveaway/ (the “website” and its affiliated company websites).
DISPUTE RESOLUTION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.
ELIGIBILITY: The Aluminess 2023 Cyclone Giveaway (“Promotion”) is offered and open only to legal residents of the 50 United States & D.C. (“U.S.”), who are 18 years of age or older or have reached the legal age of majority in their state of legal residence (eligible “entrants”). Employees, officers and directors of BESTOP, Inc. or its affiliates (“Sponsor”), their respective wholesale customers, distributors and/or retailers of their products, and those individuals and entities involved in the execution, preparation of materials and/or administration of this Promotion (collectively referred to herein as the “Promotion Entities”), and their immediate family members (spouse, siblings, children, partners and parents including foster and step-relations) and those living in the same household as such individuals (whether or not related) are not eligible to enter or win.
PROMOTION PERIOD: The Promotion begins on or about 12:00 am Pacific Standard Time (“PST”) on or about November 18th, 202, and ends 11:59 pm PST on December 31tht, 2023 (“Promotion Period”). All time referenced herein is Mountain Time. Sponsor’s respective servers’ time-keeping devices shall be the official time keeping devices for the Promotion. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; PROMOTION ENTITIES DISCLAIM ALL LIABILITY AND RESPONSIBILITY RELATING THERETO. The Promotion or any element thereof may (by posting notice on the Sponsor’s Promotion Website) be cancelled, modified or terminated based on the exigencies of the circumstances.
AGREEMENT BY ENTRANT: All entries, entrants and participation in this Promotion shall be governed by these Official Rules. By participating in the Promotion, each entrant fully and unconditionally agrees to be bound to these Official Rules, and any additional instructions, terms and conditions specific to the Promotion communicated by Sponsor. Entrants further agree to be bound to the interpretations and decisions of the Sponsor (including their authorized representatives), which are final and binding in all matters pertaining to the Promotion.
PRIVACY: By entering this Promotion, each Entrant expressly consents to the Sponsor, Promotion Entities and their authorized representatives collecting, storing, sharing and using the personal information submitted with Entry for the purpose of administering the Promotion, prize award and fulfillment, and in accordance with these Official Rules and the aforementioned Privacy Policies.
HOW TO ENTER: During the Promotion Period, visit the aforementioned Sponsor’s Website, follow the instructions to complete in full the official entry form and agree to be bound to these Official Rules and press submit (“entry”). Once submitted, entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned. Limit one (1) entry per person/household.
Sponsor has the right to verify entrants’ eligibility and compliance with these Official Rules, and on the basis of its investigation, to disqualify any entrant/entry at any time during or after the Promotion Period (and require immediate prize return if applicable). Without limiting the foregoing, Sponsor shall have the right at any time, where necessary, to undertake all action including, but not limited to, disqualification, prize forfeiture and/or immediate prize return (from a previously confirmed winner, if applicable) and/or require further information as is reasonable to protect themselves, or any of the Promotion Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding the prize to any entrant or winner. Incomplete, invalid, unsuitable, ineligible, or otherwise non-compliant entries (as determined in Sponsor’s absolute discretion) will not be eligible. If, upon review, Sponsor (or authorized representatives) are unable to determine that an entry is compliant, or reasonably suspects that it is not compliant in whole or in part, the entry as a whole (and entrant) may be disqualified. Proof that you uploaded an entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Promotion. Entries submitted via any other entry method/portal than stated herein will not be accepted.
Entrants may not enter through a sweepstakes club (or similar method), with multiple or false identities, IP, e-mail and/or street addresses, nor shall entrants use any bot, robotic, or other device or artifice to enter or participate. Any entrant who is suspected of cheating, using fraudulent means, unauthorized entry methods, attempting to participate multiple times or engaging in or benefitting, directly or indirectly, from artifice of any other kind will be disqualified. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used in connection with the entry will be deemed to be the entrant. Potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Promotion Entities assume no responsibility for: lost, late, delayed, incomplete, inaccurate, stolen, misdirected (including into spam/junk folders), ineligible or illegible entries, or promotion related communications (in whole or in part); computer/server, telephone, network, electronic, digital, wireless or Internet hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; browser incompatibility; service provider, Internet, Website, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized human intervention; human errors; cancellation, delay, postponement or any other situation affecting the delivery of the prize for whatever reason; or the delayed, incorrect or inaccurate capture of entry or other information, nor for the failure to capture any such information. In the event any theft, loss, damage, destruction, accident, inquiry, investigation, mishap, delivery, transfer of title problems, or any other event or situation, similar or dissimilar, affects the ability of the vehicle or any element thereof to be awarded as the prize, the vehicle will not be awarded and the prize is forfeited.
YOUR USE OF A MOBILE DEVICE: If you are participating in the Promotion via a mobile device, message and data rates may apply. Please consult your wireless service provider regarding its pricing plans. Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in the stated methods of Entry. Consent is not a condition of purchase.
SOCIAL NETWORK DISCLAIMER: The Promotion may be promoted on a variety of social media networks. This promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform. You understand that you are providing your information to the Sponsor and not to any social media channel. Any use by entrant of such social media channel must be in compliance with its respective promotion and community guidelines.
DRAWING/ODDS: Eligible entries received by Sponsor will be combined by an authorized neutral representative (selected by Sponsor) who will then conduct a random drawing to select one (1) potential grand prize winner from among all combined eligible entries received during the Promotion Period. It is anticipated that the drawing will be held on or about 3-4 weeks after the end of the Promotion Period. The odds of winning depend on the number of eligible entries received during the Promotion Period.
PRIZE ACCEPTANCE CONDITIONS: Potential prize winner will be notified by email or telephone (in Sponsor’s discretion) and will be required to complete, sign, have witnessed and return a Declaration of Eligibility, Liability, and where lawful, Publicity Release within seven (7) days of notification, or else prize will be forfeited and an alternate potential winner selected from remaining eligible entries. If potential winner is unable for any reason to accept the prize in its entirety, refuses the prize, fails to provide or satisfy required documentation or follow instructions within the time specified by Sponsor, or is otherwise non-compliant, or found to be ineligible, they will forfeit the prize and an alternate potential winner may be randomly selected in Sponsor’s discretion. Two additional attempts to notify an alternate potential winner will be made; thereafter, the prize will be forfeited. Promotion Entities shall have no liability for any prize or prize notifications that are un-awarded, unclaimed, returned, unresponsive, untimely, misdirected (including into spam/junk folders) or otherwise undeliverable will be forfeited and will not be re-awarded. There will not be a second-chance drawing. If winner is later found to have been ineligible, noncompliant, or is suspected of having engaged in artifice of any kind to be designated a winner, prize must be immediately returned.
Winner may be required to execute additional releases or other documents at the request of Sponsor or any other third party. To be eligible, winner must physically reside in the U.S. (as defined herein). Winner is solely responsible, as applicable, for all taxes associated with the prize. Once prize is awarded, Sponsor will not be responsible for any further payments, responsibilities or liabilities with respect to the prize, or any element thereof. Prize notification does not confer winner status; prize award is subject to verification of eligibility and compliance with the above requirements, and all other terms in these Rules. Promotion Entities are not responsible for any undelivered calls, messages, e-mails, or any other communications, including but not limited to those that are not received because of any privacy, junk or spam filter settings that may divert any notification, prize or other Promotion related e-mail to a spam or junk folder.
PRIZE/APPROXIMATE RETAIL VALUES (“ARV”): Prize award is subject to verification of eligibility and compliance with these Official Rules and subject to the prerequisites, terms and limitations herein.
Grand Prize (1): one (1) Cyclone Bike Lift. The Cyclone Bike Lift is subject to the giveaway rules at https://www.aluminess.com/help/terms-conditions-giveaway/. The Cyclone Bike Lift Giveaway is only valid for six (6) months from the date of winning, and this supersedes any conflicting language in the linked Cyclone Bike Lift Giveaway terms. The Cyclone Bike Lift Giveaway must be redeemed on www.bajadesigns.com.com within six (6) months of winning, otherwise you forfeit the prize, and the card is void and of no force or effect. If you do not use the entire amount of the gift certificate within such twelve (12) month period, the remainder of the balance is forfeit and void. The gift certificate has no cash value, and is not assignable or transferrable
Limit one (1) Prize. Only the number and description of prizes stated in these Official Rules is available to be won in the Promotion and any such prize award is subject to the prerequisites and limitations stated herein. In no event shall Promotion Entities be responsible for awarding more than the stated number of prizes. Prize must be accepted as a whole or will not be awarded. Prize and any element thereof, including any products or Cyclone Bike Lift Giveaway received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising or Promotion materials is for illustrative purposes only and may not be the actual prize awarded. All applicable local, state, and federal taxes, reporting obligations and all expenses not specifically stated as being included herein are solely the responsibility of the grand prize winner. An IRS Form 1099 will be issued in the name of the winner for the actual value of the prize received. Prize may not be substituted, assigned or transferred in whole or in part, but Sponsor reserves the absolute right, at its sole discretion, to substitute a prize, or any element thereof, with a prize of comparable or greater value, unless otherwise stated herein. Any difference between ARV and actual value will not be awarded as cash or otherwise.
PUBLICITY RELEASE: By accepting a prize, winner hereby consents, where lawful, to the use by Sponsors (and their parent and affiliated companies and their authorized representatives) of their name, image, likeness, hometown name, business and biographical information, and voice for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval. You may be required to sign a document confirming your consent to this effect.
LIMITATIONS OF LIABILITY/RELEASE: If, for any reason, the Promotion, or any element thereof is not capable of running as planned or by reason of causes which Sponsors deem, in their absolute discretion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any part thereof, Sponsors reserve the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or any element thereof and select the winner(s) (for the applicable prize) from non-suspect eligible entries received prior to the action or as otherwise may be deemed equitable. Persons suspected of tampering with or abusing any aspect of the Promotion or Website, as solely determined by the Sponsors, will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsors are not responsible for injury or damage to entrants’ or to any other person’s computer or mobile device related to or resulting from participating in this Promotion or downloading materials from or use of the Website.
Promotion Entities shall not be liable to winner or any other person or entity for failure to execute the Promotion, or any part thereof, or supply a prize in whole or in part, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, epidemic or pandemic or any similar or dissimilar event beyond their reasonable control. BY PARTICIPATING, ENTRANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, PROMOTION ENTITIES, THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES, ACCESS TO ANY WEBSITES, AND/OR PARTICIPATION IN THIS PROMOTION (OR ANY INABILITY OR FAILURE TO PARTICIPATE), OR ANY ELEMENT THEREOF. To the fullest extent permitted by law, entrants covenant not to sue any released party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Official Rules only to the extent of its invalidity, illegality or unenforceability, and these Official Rules shall be construed and enforced as if they did not contain the stricken provision.
IN NO EVENT WILL SPONSORS OR OTHER PROMOTION ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES AND/OR ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THE PROMOTION OR ANY ELEMENT THEREOF.
DISPUTES/ARBITRATION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral binding one-person arbitration panel located in San Marcos, CA.
WINNERS LIST: For the name of grand prize winner, mail a self-addressed, U.S. postage stamped envelope (postage on the return envelope not required in Vermont) to: Aluminess 2023 Cyclone Giveaway List request, 10943 Wheatlands Ave., Santee, CA 92071, for receipt by December 15th, 2023. Limit one (1) request per person, or household address.
TRADEMARKS: Aluminess is a registered trademark of Aluminess. The use of any non-Sponsor trademarks, service marks, logos or other marks in connection with this Giveaway or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks.
SPONSOR: Aluminess, 10943 Wheatlands Ave., Santee, CA 92071
Limitation of Liability
CYCLONE BIKE LIFT GIVEAWAY ARE PROVIDED ON AN ‘AS IS’ BASIS, AND BESTOP DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CYCLONE BIKE LIFT GIVEAWAY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BESTOP AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT YOUR CYCLONE BIKE LIFT GIVEAWAY WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. BESTOP AND ITS AFFILIATES AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE CYCLONE BIKE LIFT GIVEAWAY OR USE OF SUCH CYCLONE BIKE LIFT GIVEAWAY. IN THE EVENT THAT BESTOP OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR CYCLONE BIKE LIFT GIVEAWAY. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN JURISDICTIONS WHERE PROHIBITED BY LAW.
Dispute Resolution & Applicable Law
In the event that our Customer Service team is unable to resolve your concern, any disputes arising out of your purchase or use of the Cyclone Bike Lift Giveaway or these Terms will be resolved entirely through binding confidential arbitration in Denver, Colorado. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: Aluminess, 10943 Wheatlands Ave., Santee, CA 92071.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR BESTOP WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Applicable Law
The law applicable to the interpretation and construction of these Terms shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to the Cyclone Bike Lift Giveaway or use of the Cyclone Bike Lift, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado.
General Terms
We reserve the right to make changes to these Terms, at any time without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that term and condition shall be deemed severable and will not affect the validity and enforceability of any remaining terms or conditions.Cyclone Bike Lift Giveaway
