ARG3 2019 Yamaha R1 + $5,000” Giveaway
The “ARG3 2019 Yamaha R1 + $5,000” Giveaway (the “Sweepstakes”) is intended for legal residents of the United States of America (“USA”) and Canada and shall only be construed and evaluated according to applicable USA law, Canadian law, and applicable state/province law. Do not enter this Sweepstakes if you are not located in the USA or Canada or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry. The Sweepstakes is sponsored by The Alpha Republik LLC., 26803 Hanna Rd., Suite 605, Conroe, TX 77380 (the “Sponsor”). ELIGIBILITY: The Sweepstakes is open to legal residents of the USA or Canada who are at least eighteen (18) years of age or have reached the age of majority in their respective state/province of residence at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, American Sweepstakes & Promotion Co., inc. (the “Administrator”), their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or
households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below). AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on February 13, 2023 and ends at 11:59:59 p.m. ET on April 23, 2023 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Four (4) methods of entry as follows:
1. Via Online Purchase – During the Sweepstakes Period, Entrants who make a
purchase through the Sponsor’s online shop at www.alpharepublik.com (the
“Website”) will automatically receive one (1) entries into the Sweepstakes for
each one (1) whole dollar spent. The number of entries received will be based on
the pre-tax amount of your eligible purchase excluding shipping/handling
charges, less any discounts. Throughout the Sweepstakes Period, the Sponsor
may announce Bonus Entries at the Website, and/or on its social media pages,
opportunities to earn additional entries (“Bonus Entry Periods”). During the Bonus
Entry Period, Entrants who make a purchase at the Website will automatically
receive between ten (10) and thirty (30) entries (defined by Sponsor) into the
Sweepstakes for each one (1) whole dollar spent. NOTE: ANY FRAUDULENT
ACTIVITY IN CONNECTION WITH THIS SWEEPSTAKES IS STRICTLY
PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN
ENTRIES WITH THE INTENT TO RETURN THESE ITEMS AFTER THE
SWEEPSTAKES ENDS. IF THE SPONSOR IDENTIFIES OR SUSPECTS
THAT YOU ARE ENGAGED IN THIS OR ANY OTHER FRAUDULENT
ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY
FURTHER SWEEPSTAKES OFFERED BY THE SPONSOR.
-Text Message: Entrants will also have the opportunity to earn five hundred
(100) bonus entries via a pop-up at the Website. The pop-up will request an
Entrant’s email address and phone number. By providing the aforementioned
information, an Entrant will receive five hundred (100) bonus entries. Limit:
one (1) per person.
2. Via Mail - During the Sweepstakes Period, eligible Entrants can obtain
Sweepstakes entries by legible hand-printing, on a 3”x 5” card or paper, their full
name, complete mailing address, phone number, date of birth, email address,
and a brief description (at least 25 words) on what winning the Grand Prize would
mean to you, mailing the card in a #10 business-sized envelope, with proper
postage affixed, to: “ARG3 2019 Yamaha R1 + $5,000” Giveaway, PO Box 969,
Macedon, NY 14502-0969 the “Mail-In Entry”). All entries must be postmarked by
April 23, 2023 and received by April 28, 2023. Each mail-in entry received with
be worth ten (10) Sweepstakes entries. If a mail-in entry is postmarked during a
Bonus Entry Period, it will be worth between fifty (50). In order for bonus entries
to be valid, the Entrant must write EITHER 10x or 20x or 30x on the backside of
the envelope to signify what Bonus Entry Period they are entering during. If an
Entrant lists a Bonus Period that is inaccurate with the postmark date, the entry
will be disqualified. **NOTE: Mail-in entry card and envelope must be hand-
printed by the Entrant only. In addition, Entrants are not permitted to use any 3 rd
party organization to assist with the entry process in any way (as determined by
the Administrator). Each Envelope must be mailed individually. Bulk shipments of
entries will not be accepted. To be valid, each entry must provide all requested information. Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstake’s subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and
no mechanically reproduced entries are allowed; all such entries are void. The
spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to
disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not
constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. & quot; Authorized account holder & quot; is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes,
Entrants agree to release and hold harmless the Sponsor, YouTube and Administrator (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or
indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Grand Prize (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical
malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential,
direct, or indirect damages. For New Jersey Residents: nothing herein bars
recovery of damages or attorneys’ fees where mandated by statute.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE
RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND
(INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property
AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION,
AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER
SECTION 1542 OF THE CIVIL CODE OF TEXAS AND ANY SIMILAR LAW OF ANY
STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY
WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.”
DRAWING AND NOTIFICATION: The potential Grand Prize Winner will be selected in a random drawing conducted by the Administrator. The Grand Prize drawing will be conducted on or about April 29, 2023. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The potential Grand Prize Winner will be contacted by the Sponsor or Administrator via phone, email, and/or USPS mail.
GRAND PRIZE: There will be one (1) Grand Prize awarded. The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive a ARG3 2019 Yamaha R1 ARV”) $20,000 that has an approximate retail value (“ARV”) Plus $5,000 Total Prize Package $ 25,000 (“Prize” or “Grand Prize”).
NOTE #1: Prize motorcycle and automobile might not pass smog testing in
certain states. Winner should check standards for operation of a vehicle in their
state before accepting Prize. NOTE #2: The Grand Prize Winner must travel to Spring, TX 77380 (the “Location”) to take possession of the Prize.
NOTE #3: The Grand Prize Winner understands and agrees that the Prize
ceremony will be videotaped/photographed. Rights to any Prize ceremony
video/photo belong solely to the Sponsor and can be used in any media at their
sole discretion. Any costs associated with registration and licensing of the motorcycle are the sole responsibility of the Winner. All other expenses not specifically mentioned herein including but not limited to, airport taxes and fees, baggage fees, ground transportation not specifically delineated, food, beverages, additional hotel amenities or fees and gratuities, are the responsibility of the Winner. Sponsor is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage and/or personal property. No substitution of any of the Prizes will be permitted, except by the Sponsor, who
reserves the right at its sole discretion to substitute a Prize with another Prize of equal or greater value.
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN
THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT
IMPROVE THE CHANCES OF WINNING.
ADDITIONAL PRIZE CONDITIONS: By accepting the Grand Prize, the Grand Prize
Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize in question. The potential Winner must sign and return to the Administrator, within five (5) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (if U.S. resident) or a Declaration of Compliance (if Canadian resident) in order to claim the Prize. Note: The Affidavit sent to a US potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of the accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize (applicable to US Winner only). The Winner is solely responsible for all matters relating to the Prize after it is awarded. If
a Prize or Prize notification is returned as unclaimed or undeliverable to the potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions within three (3) business days from the first notification attempt, if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected. Should the selected Grand Prize Winner be a Canadian citizen, the selected Entrant must answer correctly without assistance of any kind, whether mechanical, electronic, or otherwise, a mathematical skill-testing question posed by mail or telephone. If the
selected Entrant fails to correctly answer the question, he/she will be disqualified, and another Entrant will be randomly selected. The potential Grand Prize Winner who correctly answers the skill-testing question will be notified by telephone and/or mail and/or email at the Sponsors’ discretion using the contact information provided at the time of entry. If the potential winner is determined to be less than the age of majority in his/her province of residence, then the potential winner will be disqualified, and an alternate winner will be selected in their place.
By accepting the Prize, where permitted by law, the Winner grants to the Released
Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winner also acknowledges that Released Parties 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 Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Sweepstakes, Entrant
agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of Texas; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official
Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and
void. These Official Rules shall be binding upon, and inure to the benefit of, the
permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: The name of the Grand Prize Winner will be posted at
www.alpharepublik.com on or about April 30, 2023 or after the Grand Prize Winner has been verified. This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram, YouTube, Facebook, Google, Apple, or by any prize manufacturer, Sponsor or Participant in this Giveaway with no implied endorsement.