“JUICEBOX FORMULA E GIVEAWAY 2019” Sponsored by Electric Motor Werks, Inc., an Enel Group Company
NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO ENTER. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING. VOID IN RHODE ISLAND AND FLORIDA, AND OUTSIDE OF THE OTHER FORTY-EIGHT UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED BY LAW.
1. ELIGIBILITY. The JUICEBOX FORMULA E GIVEAWAY 2019 (the "Promotion") is only open to persons who are: (a) legally and physically residing in the United States (other than Rhode Island or Florida) or the District of Columbia; and (b) at least eighteen (18) years of age at the time of entry. Employees, agents, directors of Electric Motor Werks, Inc. (“eMotorWerks” or “Sponsor”), and their respective parent companies, affiliated companies and subsidiaries (“Sponsor Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to participate in Promotion.
2. ACCEPTANCE BY PARTICIPANT. By participating in this Promotion, each participant: (a) agrees to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor which are final and binding; (b) acknowledges compliance with these Official Rules; (c) represents and warrants that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agrees to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agrees to release and hold harmless Sponsor Entities from and against any and all liability, claims, injury or damages arising out of or relating to participation in Promotion and/or the use, misuse or redemption of the Prize (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.
3. HOW TO ENTER. Beginning at 12:00 p.m. Pacific Time (“PT”) on May 3, 2019 until 11:59 p.m. PT on May 31, 2019 (the “Promotion Period”), you may enter the Promotion (a) by purchasing a residential JuiceBox Electric Vehicle charging station (“JuiceBox Product”) through the eMotorWerks website located at www.emotorwerks.com (the “Website”), and selecting the option to “Enter me into the JuiceBox Formula E Giveaway 2019 to win VIP access to the New York E-Prix” at the time of purchase, which, upon confirmation of your purchase you will entered as a participant in the Promotion, or (b) filling out and submitting the digital entry form at https://info.emotorwerks.com/juicebox-formula-e-entry, or (c) by mailing a 3X5 card or letter with your name, address, telephone number and e-mail address and “Enter Me in the JuiceBox Formula E Giveaway 2019” in the subject line to Electric Motor Werks, Inc., 846 Bransten Road, San Carlos, CA 94070, Attention: Marketing Department. ALL ENTRIES, WHICH, FOR THE AVOIDANCE OF DOUBT, INCLUDES MAIL-IN ENTRIES, MUST BE RECEIVED BY SPONSOR NO LATER THAN THE END OF THE PROMOTION PERIOD BY 5:00 PM PT ON MAY 31, 2019. Limit of one (1) entry per person.
5. SELECTION OF PRIZE WINNER. One (1) potential winner (the “Winner”) will be chosen by Sponsor in a random drawing from all eligible entries received during the entire Promotion Period on or about June 5, 2019 (the “Prize Drawing”). Odds of winning depend on the total number of eligible entrants. The Winner shall be notified by email, mail or phone, at the discretion of Sponsor (the “Prize Notification”). Acceptance of the Prize constitutes permission for the Sponsor to use the Winner’s name and likeness for advertising and promotional purposes without additional compensation, unless prohibited by law. In order to claim the Prize, the Winner must meet all eligibility requirements and will be required to execute certain winner documents, including but not limited to, an affidavit of eligibility, tax acknowledgment form, liability release and, except where prohibited by law, use of name and likeness releases. Such documents must be completed in full and returned within ten (10) days of the date of issuance of the Prize Notification, either by facsimile, PDF/scanned e-mail, US registered mail, or as otherwise specified by Sponsor in its sole discretion.
6. WINNER DISQUALIFICATION. The occurrence of any of the following, will result in disqualification of a potential Winner and an alternate winner may be selected by random drawing at the Sponsor’s sole discretion: (a) failure of a potential Winner to meet the eligibility requirements or complete and return the winner documents as set forth in Section 5 above; (b) any Prize or Prize Notification is returned as undeliverable; (c) a potential Winner declines the Prize; (d) a potential Winner’s violation of these Official Rules, or (d) a potential Winner is determined to be ineligible for any reason, to be determined in Sponsor’s sole discretion. Sponsor reserves the right to conduct a background check on any potential Winner and reserves the right in its sole discretion to disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the Prize to such potential Winner might reflect negatively on Sponsor or any of the Sponsor Entities.
7. CONDITIONS OF ENTRY. By entering into the Promotion, each participant consents to the use by Sponsor and Sponsor Entities and their designees of entrant’s name, photograph, likeness, biography, voice, performance and/or video for advertising and promotional purposes including Participating Parties’ content in any and all media (including online announcements) now or hereafter known, throughout the universe in perpetuity without additional compensation, notification or permission, except where prohibited by law. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion (in its sole discretion), there is any suspicion or evidence of tampering or corruption of the Promotion, or if the security, integrity or proper play of the Promotion is compromised in any way, Sponsor reserves the right to void any suspect entries and/or modify, suspend, and/or terminate the Promotion and award the Prize using all non-suspect eligible entries received as of such termination date. In the event of a dispute as to who submitted an entry, Sponsor shall determine the identity of the entrants in its sole discretion. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF SPONSOR IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PARTICIPANT OR INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
8. PRIZE. The Winner will receive two (2) VIP Tickets to the BOSS | EMOTION Club hospitality area on July 13, 2019 for the Formula E 2019 New York City E-Prix (the “Prize”). The Prize includes access to the BOSS | EMOTION Club, all you can eat food and drink, all-access tour of the racing pit, live streams of the race, and entry to the e-Village for driver meet and greets, global EV technology showcase, live performances, and more. The total approximate retail value (“ARV”) of the Prize in this Promotion is two thousand five hundred dollars ($2,500.00).
9. PRIZE TERMS. Sponsor’s decisions with respect to the Winner and other matters pertaining to the Promotion shall be final and binding. The specifics of all elements and details of any Prizes in the Promotion shall be solely determined by Sponsor. Some restrictions may apply. Prizes cannot be transferred, substituted or redeemed for cash, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any Prize, or portions thereof, with a prize of comparable or greater value, at its sole discretion. In the case of an unclaimed Prize, Sponsor reserves the right (in its sole discretion), but has no obligation, to select a subsequent winner. To the extent Sponsor selects a subsequent winner, Sponsor will use reasonable efforts to pick an alternate winner but in the event an alternate winner cannot be determined, the Prize will not be awarded. PRIZES ARE PROVIDED “AS IS”. PARTICIPANTS ACKNOWLEDGE THAT SPONSOR ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in advertising, whether online or otherwise, and other Promotion materials are for illustrative purposes only. Sponsor will not replace any lost or stolen Prize items.
10. TAXES. All federal, state and local taxes, and any other costs, fees, and expenses associated with a Prize or the acceptance and use of any element of a Prize not specifically provided for in these Official Rules are the sole responsibility of the winner, but Sponsor has the right to withhold any amounts required by law. All Winners with Prize values over $600 must supply Sponsor with their social security number. An IRS Form 1099 or equivalent will be issued in the name of Winner for the actual value of the Prize awarded if the actual value of Prize is over $600.
11. GENERAL CONDITIONS. Sponsor Entities are not responsible if Promotion cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Sponsor Entities. If, for any reason the Promotion is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sponsor Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Promotion or any part of the Promotion. If the Promotion or any part of the Promotion is terminated or modified prior to the end of the Promotion Period, notice will be posted on www.emotorwerks.com/formula-e and Sponsor will use best efforts to reschedule complete the Promotion, or remaining elements of the Promotion at a later date. Sponsor reserves the right to modify and amend these Official Rules from time to time during the Promotion for clarification purposes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Promotion entrants agree to abide by the terms of these Official Rules and by the decisions of the Sponsor, which are final on all matters pertaining to the Promotion. Promotion is void where prohibited or restricted by laws, including, but not limited to, jurisdictions with laws that would require registration, disclosure, translation, filing, trust account, or posting of a bond, or any other requirements that are not satisfied by these terms and conditions.
12. Indemnity. By participating in the Competition, all participants agree to indemnify and hold harmless Competition Entities from any and all liability arising out of or relating in any way to participant’s participation in Competition and to release all rights to bring any claim, action or proceeding against Competition Entities. This includes, but is not limited to, any and all claims, demands, damages, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from participant’s participation in Competition or the receipt or use of the Prizes.
13. DISCLAIMER, RELEASE AN LIMIT OF LIABILITY: SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION. BY ENTERING THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, THE SPONSOR ENTITIES, AND THE EXCLUDED PARTIES FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. SPONSOR, THE SPONSOR ENTITIES, AND THE EXCLUDED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (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 PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. You further understand and agree that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. Sponsor and the Sponsor Entities are not responsible for incorrect or inaccurate entry of entry information, human or electronic error, unauthorized human intervention, technical malfunction, lost/delayed data, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, personal injury, damage to property due to participation in this Promotion, or for late, lost, incomplete, stolen, misdirected, illegible entries or any other problem or error that may occur, including in connection with any Prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that, if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims
14. CHOICE OF LAW; DISPUTES. This Promotion and these Official Rules are governed by, and will be construed in accordance with, the laws of the State of California, and the exclusive forum and venue for any dispute arising out of or relating to these Official Rules shall be in the county of San Mateo, California. AS A CONDITION OF ENTERING THE PROMOTION, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY BENEFITS RECEIVED, OR THE ADMINISTRATION OF THE PROMOTION NOT RESOLVED THROUGH INTERNAL ADJUDICATION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY ARBITRATION, TO TAKE PLACE EXCLUSIVELY IN THE STATE OF CALIFORNIA PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, THEN EFFECTIVE, (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING IN THE PROMOTION, BUT IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS; AND (3) UNDER NO CIRCUMSTANCES WILL AN ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR AND PARTICIPANTS HEREBY WAIVE ALL RIGHT TO CLAIM 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.
15. REQUEST FOR NAMES OF WINNERS AND OFFICIAL RULES. All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be made by December 31, 2019. Vermont residents may omit return postage if requesting a set of Official Rules. For the names of the Winners and/or Official Rules: (a) send a self- addressed stamped envelope to: Electric Motor Werks, Inc., An Enel Group Company ATTN: JuiceBox Formula E Giveaway 2019/Marketing Department, 846 Bransten Road, San Carlos, CA 94070, and (b) write, as applicable, “Winners List” or “Official Rules” on the lower left-hand corner of the envelope.
16. SPONSORED BY. This Promotion is sponsored by Electric Motor Werks, Inc., an Enel Group Company: 846 Bransten Road, San Carlos, CA 94070.
17. NO AFFILIATION WITH THIRD PARTIES. This Promotion is sponsored and administered exclusively by Sponsor and is no way sponsored, endorsed, administered by or associated with the Fédération Internationale de l'Automobile or its subsidiaries or affiliated entities ("FIA"), HUGO BOSS AG and/or its subsidiaries or affiliated entities (“Hugo Boss”), or any other third parties (collectively, the “Excluded Parties”). Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.