NO PURCHASE, PAYMENT, SALES PRESENTATION, OR CONTRIBUTION NECESSARY TO ENTER OR WIN.
A PURCHASE, PAYMENT, SALES PRESENTATION OR CONTRIBUTION WILL NOT IMPROVE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED.
The [Can/Am SidebySide] Giveaway (the "Promotion") begins at 12:00:01 AM EasternTime (“ET”) on July 13, 2020 and ends at 11:59:59 PM ET on August 14, 2020 (the “Promotion Period”). The Promotion contains a game of chance (“Promotion”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion
1. ELIGIBILITY: The Promotion is open only to legal residents of the United States(excluding Rhode Island and Puerto Rico) and the District of Columbia, who are 18(except Alabama and Nebraska 19 and 21 in Mississippi) years of age or older as of dateof entry. Employees, officers and directors of Get Hushin, LLC (“Sponsor”), Boomn,LLC (“Administrator”) and their respective parent companies, affiliates, subsidiaries,advertising, contest, fulfillment and marketing agencies, (collectively, “PromotionParties”) their immediate families (parent, child, sibling & spouse and their respectivespouses, regardless of where they reside) and persons living in the same households assuch individuals (whether related or not) are not eligible to participate in the Promotion.By participating, you agree to these Official Rules and to the decisions of the Sponsor,which are final and binding in all respects. Void in any state not listed above and whereprohibited by law, rule or regulation. All federal, state and local laws and regulationsapply.
2. HOW TO ENTER THE PROMOTION: There are two (2) ways to enter:
A) PURCHASE: To enter, visit https://gethushin.com/ (the "Website") during thePromotion Period and make any purchase, any amount. You will receive One (1)entry in the Promotion for every One dollars ($1.00) spent on a QualifyingPurchase (“Promotion Entry”). For purposes of these Rules, a “QualifyingPurchase” is defined as any purchase of One dollar ($1.00) or more for anyproduct or service found on the Website. You enter the Promotion by completelyentering your true and correct information on the registration form in the requiredfields (required fields include: Full Name, Phone Number, Zip Code, and EmailAddress).
B) SPECIAL ENTRY PERIODS: During the following periods of time, allQualifying Purchases will receive Two (2) entries in the Promotion for every Onedollar ($1.00) spent.
July 20th - July 27th - 2 Entries / $1.00
August 8th - August 14th - 2 Entries / $1.00
C) ALTERNATE MEANS OF ENTRY: To enter without purchase, email your fullname, full mailing address, email address, phone number, and birth dateto sweeps@gethushin.com, with the subject line, “Can/Am SidebySideGiveaway”. Each entry must be emailed separately and is limited to ONE (1)email entry per calendar week (a calendar week runs from Sunday to Saturday).No responsibility is assumed for (i) technical, electronic, telephone, hardware,software or network, computer or data transmission errors, malfunctions ordifficulties of any kind or (ii) any incorrect data contained in any sweepstakesentry. Email entries must be sent no later than the end of the Promotion Period tobe eligible for the drawing. All entries become the property of Sponsor and willnot be returned or acknowledged. Participants are limited to one email entryper person, per email address, per phone number, per mailing address percalendar week throughout the Promotion Period. Any participantsubmitting multiple entries in a calendar week period will have all but theirinitial entry invalidated and excluded from the Promotion.
3. SWEEPSTAKES DRAWING/ODDS: On or about August 19, 2020 the Administratorwill conduct a random drawing from all eligible Entries received within the PromotionPeriod and select One (1) Promotion Prize winner. Odds of winning a Promotion Prizedepend on the number of eligible Entries received.
4. WINNER NOTIFICATION: The potential prize winners will be notified by emailand/or phone immediately following winner selection or as soon as reasonablypracticable. Potential winners will have Four (4) days to respond to winning notificationbefore forfeiting their prize. The potential winner will be sent an Affidavit ofEligibility/Liability Release via email. All forms must be completed, signed, notarizedand returned to Administrator within Four (4) days of date of issuance. Potential winnerbecomes the “Winner” only after verification of eligibility by Sponsor. If such potentialwinner cannot be contacted within a reasonable time period, if the potential winner isineligible, if any notification is returned undeliverable, or if the potential winnerotherwise fails to fully comply with these Official Rules, he/she will forfeit that prize andan alternate winner will be selected from among all remaining entries for that drawing.
5. PRIZES/PRIZE RESTRICTIONS:
One (1) Grand Prize will be awarded during thePromotion, consisting of:
One (1) CanAm Defender (Model: 2020 SSV Defender XT HD8 BG 20 CAL)
One (1) Trailer (Model: 2019 Ramptek 6x10A
The Approximate Retail Value (“ARV”) of the Grand Prize Package is $25,783.93
GRAND PRIZE RESTRICTIONS: Actual prize value depends on the location of thewinner’s residence and distance for delivery. Any difference between stated value andactual value will not be awarded. Winner is responsible for any transportation,installation or other delivery and setup fees not specifically noted in these rules. Certainrestrictions, as determined by Sponsor, may apply. Sponsor will attempt to accommodatewinner’s preferred delivery instructions, but all specifics thereof will be at Sponsor’sdiscretion. If the winner cannot comply with these restrictions or any other portion ofthese Official Rules, the prize will be forfeited in its entirety and an alternate winner willbe chosen. If any portion of the prize is not available for any reason then the Sponsorreserves the right to substitute that portion of the prize with another prize of comparableor greater value. Winner must be of legal age of majority in his/her jurisdiction ofresidence (and at least 18) and must complete and return a publicity and liability releasewithin Four (4) days of date of issuance. All federal, state and local taxes and any othercosts and expenses associated with prize acceptance and use not listed herein as part ofthe prize are the sole responsibility of Winner.
6. GENERAL: Each winner hereby expressly grants to the Promotion Parties and theirrespective designees all rights to use and publish his/her name, likeness (photographic orsimulated), voice, and province of residence for all purposes, including withoutlimitation, advertising, marketing, promotional and publicity purposes in connection withthis Promotion (“Advertising”), in any and all media now or hereafter devised, worldwidein perpetuity, without any form of notice or any amount or kind of compensation orpermission, except where prohibited by applicable law. All copyright, trademark or otherintellectual property rights in such Advertising shall be owned by Sponsor and/or itslicensors, and each winning participant hereby disclaims and waives any claim of right tosuch Advertising. Such Advertising shall be solely under the control of Sponsor and/or itslicensors, and each winner hereby waives any claim of control over the Advertisingcontent as well as any possible claims of misuse of such winning recipient’s name,likeness or voice under contract, tort or any other theory of law. The Promotion Partiesdo not assume any responsibility for any disruption in the Promotion Parties, includingbut not limited to the failure or interruption of Facebook or any internet service provider.In the event there is a discrepancy or inconsistency between disclosures and otherstatements contained in any Promotion materials and the terms and conditions of theseOfficial Rules, these Official Rules shall prevail, govern, and control. In no event willmore prizes be awarded than those listed in Rule #5. All federal, state, and local laws andregulations apply. All decisions as to these Official Rules and interpretations thereof areexclusively within the sole discretion of the Promotion Parties and may be changed fromtime to time without notice. The Promotion Parties reserve the right to cancel or modifythe Promotion at any time without notice. If applicable, a potential winner may berequested to provide the Sponsor with proof that the potential winner is the authorizedaccount holder of the email address associated with the winning Entry. If, in Sponsor’ssole determination, a dispute cannot be resolved, the Entry will be deemed ineligible.Entries generated by a script, macro or other automated means will be disqualified.Entries that are incomplete, garbled, or corrupted are void and will not be accepted.
7. CONDUCT: By participating in this Promotion, you agree to be bound by these OfficialRules and the decisions of the Promotion Parties, which shall be final, binding andnon-appealable in all respects. Failure to comply with these Official Rules may result indisqualification. The Promotion Parties reserve the right at their sole discretion todisqualify any individual found to be tampering with the participation process or theoperation of the Promotion, or to be acting in any manner deemed by the PromotionParties to be in violation of the Official Rules, or to be acting in any manner deemed bythe Promotion Parties to be disruptive, or with intent to annoy, abuse, threaten or harassany other person and void all associated Entries and/or registrations. CAUTION: ANYATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELYDAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THEPROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULDSUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THERIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDINGATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENTPERMITTED BY LAW.
8. LIMITATIONS OF LIABILITY: The Promotion Parties assume no responsibility orliability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed,misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrector inaccurate Entry information, or for any faulty or failed electronic data transmissions;(c) any unauthorized access to, or theft, destruction or alteration of Entries orregistrations at any point in the operation of this Promotion; (d) any technicalmalfunction, failure, error, omission, interruption, deletion, defect, delay in operation orcommunications line failure, regardless of cause, with regard to any equipment, systems,networks, lines, cable, satellites, servers, computers or providers utilized in any aspect ofthe operation of the Promotion; (e) inaccessibility or unavailability of the Internet or theWebSite or any combination thereof or for computer hardware or software malfunctions,failures or difficulties, or other errors or difficulties of any kind whether human,mechanical, electronic, computer, network, typographical, printing or otherwise relatingto or in connection with the Promotion, including, without limitation, errors or difficultieswhich may occur in connection with the administration of the Promotion, the processingof Entries, social networking posts, or registrations, the announcement of the prizes, or inany other Promotion-related materials; or (f) any injury or damage to participants or toany other person's computer which may be related to or resulting from any attempt toparticipate in the Promotion. If, for any reason, the Promotion (or any part thereof) is notcapable of running as planned for reasons which may include, without limitation,infection by computer virus, tampering, unauthorized intervention, fraud, technicalfailures, or any other causes which may corrupt or affect the administration, security,fairness, integrity or proper conduct of this Promotion, then the Promotion Parties reservethe right at their sole discretion to cancel, terminate, modify or suspend the Promotion inwhole or in part. If terminated, the Promotion Parties will award the prizes from amongall non-suspect, eligible Entries received for the Promotion up to the time of such action.In addition to all other rules and conditions of entry as stated herein, you agree to thefollowing as an express condition of your participation:Neither the Promotion Parties, nor its subsidiaries, affiliates, officers, directors,employees, representatives and agents will have any liability whatsoever for, and shall beheld harmless by participants, entrants and winners from and against any liabilitywhatsoever that may result, in whole or in part, directly or indirectly, from acceptance,possession, loss, misuse or use of a prize or by virtue of his or her participation in this orany other Promotion that may be conducted by the Promotion Parties.Without limiting the foregoing, you understand and agree that, by participating in thePromotion and entering their information on the website, they are waiving any right tosue the Promotion Parties under any state or federal statute, rule, or regulation, including(but not limited to) the Telephone Consumer Protection Act of 1991 (TCPA), and rulesestablished by the Federal Trade Commission, either individually or as a representativemember of any group or in a class action.Anyone who enters this Promotion online is solely responsible for the security of theiruser name, password, and other information. You should take precautions to keep itprivate to prevent unauthorized use. Neither the Promotion Parties nor any other personor entity will be responsible for any losses, damages or consequences you may suffer dueto unauthorized use of a user name or password.
9. RELEASES: All participants, as a condition of participation in this Promotion, agree torelease, hold harmless and indemnify the Promotion Parties from and against any and allliability, claims, damages, or actions of any kind whatsoever for injuries, damages, orlosses to persons or property which may be sustained, in whole or in part, directly orindirectly, in connection with (i) participation in any aspect of the Promotion, (ii) thereceipt, ownership or use of the prize awarded, including any injury (physical orotherwise) incurred through use of any prize, (iii) participant’s registration material onany related website, or (iv) any typographical or other error in these Official Rules.
10. GOVERNING LAW, ARBITRATION AGREEMENT, & CLASS ACTIONWAIVER: By entering or participating in the Promotion, you agree to arbitrate alldisputes and claims that arise out of or relate to the Promotion, except as otherwise setforth herein. Therefore, you agree that, by entering or participating in the Promotion, bothyou and the Promotion Parties are waiving the right to a trial by jury or to participate in aclass action or on bases involving claims brought in a purported representative capacityon behalf of the general public, other entrants or Participants, or other persons similarlysituated.This agreement to arbitrate is intended to be broadly interpreted. It includes, but is notlimited to claims arising out of or relating to the Promotion, these Official Rules, thePromotion Parties’ website, and telemarketing or other marketing activities conducted byPromoter or on Promoter’s behalf, and any other claims arising out of or relating to anyaspect of your participation in the Promotion, whether based in contract, tort, statute,fraud, misrepresentation, or any other legal theory, regardless of whether they arisebefore or after conclusion of the Promotion. Arbitration Procedure. A party who intends to seek arbitration must first send to theother, by certified mail, a written demand (“Demand”). The Demand must: (1) describereasonably the nature and basis of the claim or dispute; and (2) set forth the specific reliefsought. If Promoter and you do not reach an agreement to resolve the Demand within 30days after the Demand is received, Promoter or you may commence an arbitrationproceeding.The arbitration will be governed by the Commercial Dispute Resolution Procedures andthe Supplementary Procedures for Consumer Related Disputes (collectively, “AAARules”) of the American Arbitration Association (“AAA”), as modified by these OfficialRules, and will be administered by the AAA. The AAA Rules are available online atwww.adr.org, by calling the AAA at 1-800-778-7879, or by writing to Promoter at theaddress above. The arbitration shall take place in Jackson County, Missouri. Thearbitrator is bound by the terms of these Official Rules. All issues are for the arbitrator todecide, except issues relating to the scope and enforceability of this arbitration provision,which are for a court of law to decide.Unless both Promoter and you agree otherwise, the arbitrator may not consolidate morethan one person’s claims, and may not otherwise preside over any form of arepresentative or class proceeding. An arbitration award and any judgment confirming itwill apply only to the specific case and cannot be used in any other case, except toenforce the award. You will be responsible for paying your share of any arbitration fees(including filing, administrative, hearing or other fees).One Year Limitation on Actions. YOU MUST FILE A DEMAND WITHIN ONE (1)YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTSGIVING RISE TO SUCH DEMAND, OR YOU WAIVE THE RIGHT TO PURSUEANY DEMAND BASED UPON SUCH EVENT, FACTS, OR DISPUTE.Survival of Arbitration Agreement and Class Action Waiver. This section will survive theconclusion or termination of the Promotion.Governing Law. All issues concerning the construction, validity and enforcement of theseOfficial Rules, or the rights and obligations of the parties, shall be construed andgoverned by the laws of the State of Missouri, without regard to conflicts of law rules.
11. PRIVACY: Except as noted in these Official Rules, information collected for thisPromotion is used only for the purpose of Promotion administration and winnernotification and will not be sold or shared in any manner by the Promotion Parties or anythird parties unless you have elected to receive additional information or promotionalmaterial from a third party. By participating in the Promotion, participant agrees to all ofthe terms and conditions of the Sponsor’s Privacy Policy, which is available athttps://gethushin.com/policies/privacy-policy the event of any discrepancy between theSponsor’s Privacy Policy and these Official Rules, these Official Rules shall control andgovern.Notwithstanding any current or prior election to opt in or opt out of receivingtelemarketing calls or SMS messages (including text messages) from the PromotionParties, our agents, representatives, affiliates, or anyone calling on our behalf, youexpressly consent to be contacted by the Promotion Parties, our agents, representatives,affiliates, or anyone calling on our behalf for any and all purposes at any telephonenumber, or physical or electronic address you provide or at which you may be reached.You agree the Promotion Parties may contact you in any way, including SMS messages(including text messages), calls using prerecorded messages or artificial voice, and callsand messages delivered using auto telephone dialing system or an automatic textingsystem. Automated messages may be played when the telephone is answered, whether byyou or someone else. In the event that an agent or representative calls, he or she may alsoleave a message on your answering machine, voice mail, or send one via text. Youconsent to receive SMS messages (including text messages), calls and messages(including prerecorded and artificial voice and autodialed) from the Promotion Parties,our agents, representatives, affiliates or anyone calling on our behalf at the specificnumber(s) you have provided to us, or numbers we can reasonably associate with youraccount (through skip trace, caller ID capture or other means. You certify, warrant andrepresent that the telephone numbers that you have provided to the Promotion Parties areyour contact numbers. You represent that you are permitted to receive calls at each of thetelephone numbers you have provided to the Promotion Parties. You agree to promptlyalert the Promotion Parties whenever you stop using a particular telephone number.Yourcellular or mobile telephone provider will charge you according to the type of plan youcarry. You also agree that the Promotion Parties may contact you by e-mail, using anyemail address you have provided to us or that you provide to us in the future. We maylisten to and/or record phone calls between you and our representatives without notice toyou as permitted by applicable law.
TAX INFORMATION: All federal, state, local, and other taxes on prizes and any othercosts and expenses associated with prize acceptance and use not specified herein as beingprovided, are the sole responsibility of the applicable winner. A 1099 tax form (precededby a W9 Form) will be issued to the Grand Prize Winner.
13. WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed,stamped envelope for receipt by September 15, 2020 to:
Hushin Sweepstakes Entry Center
4276 West 8370 S
West Jordan, UT 84088
SPONSOR:
Get Hushin
LLC4276 West 8370 S
West Jordan, UT 84088
ADMINISTRATOR:
Boomn,
LLC6300 W. 101st Ter.
Overland Park, KS 66212
Note: This Giveaway is not sponsored or administered by Bombardier Recreational Products Inc. and itsaffiliates