BUSA16 TERMS AND CONDITIONS
TERMS AND CONDITIONS
BUSA16 TERMS AND CONDITIONS
Win a 2021 Harley-Davidson® Sportster S ® + $30,000 CASH (BUSA16)
BUSA16 Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. PROMOTION IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES INCLUDING THE DISTRICT OF COLUMBIA WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE AT TIME OF ENTRY. VOID IN PUERTO RICO, GUAM, AMERICAN SAMOA, AND WHERE PROHIBITED OR RESTRICTED BY LAW.
PROMOTION PERIOD: The Built USA “Win a 2021 Harley-Davidson® Sportster S ® + $30,000 CASH (BUSA16)” (the “Sweepstakes”) begins at 12:00 a.m. Eastern Daylight Time (“EDT”) on November 23, 2021 and ends at 11:59 p.m. EST on January 21, 2022 (the “Promotion Period”).
BUSA16 ELIGIBILITY: The Sweepstakes is open only to legal resident of one of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law) Entrants must be 18 years or older (the “Entrant”). Entrants selected as potential prize winners must have a unique, personal, and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the prize. Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “PRIZE CLAIMS” section of these Official Rules. Any Entrant who has ever been convicted of a felony will not be eligible.
Sponsors, employees of Sponsors, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsors, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER BUSA16: During the Promotion Period, there are three (3) ways to enter:
- Online Entry: During the Promotion Period, visit www.builtusa.com (the “Website”) and purchase one or more designated products from the Website’s online store (the “Online Store Entry”). Entrants must complete all required information and provide a valid payment method at the time of purchase. RECEIVE ONE ENTRY FOR EVERY $5 SPENT (not including tax and shipping). The number of entries you receive will be based on the pre-tax amount of your eligible purchase excluding tax and shipping/handling charges, less any discounts. For clarification, Online Store Entries will accrue only on the subtotal of purchases after any discounts and/or price reductions are applied. Online Store Entries will not be awarded for any payment of shipping or handling fees. Returns and/or credits and/or credit card charge-backs of store orders will reduce the total number of Online Store Entries received. Note: If Sponsor issues a refund to an Entrant, or if the Entrant initiates a credit card dispute or charge-back, the corresponding number of entries associated with the refund, dispute, or chargeback will be revoked.
- Membership Entry: During the Promotion Period, visit the Website and register to become a member of the Built USA Membership Program (the “Membership Program”). Follow the instructions to register to become either a Basic Member, Ultimate Member, 1st Gear or Top Gear. (e.g.: Basic Membership – A monthly subscription fee of $8.95 will apply. Entrants will receive five (5) entries into the Sweepstakes for each month (or fraction of a month) they are a Basic Member in the Membership Program. Ultimate Membership – A monthly subscription fee of $18.95 will apply. Entrants will receive fifteen (15) entries into the Sweepstakes for each month (or fraction of a month) they are an Ultimate Member in the Membership Program. Top Gear Membership - A monthly subscription fee of $29.95 will apply. Entrants will receive fifteen (15) entries into the Sweepstakes for each month (or fraction of a month) they are a Basic Member in the Membership Program. Along with a limited edition shirt and 2 decals. Red Line Membership - A monthly subscription fee of $39.95 will apply. Entrants will receive thirty (30) entries into the Sweepstakes for each month (or fraction of a month) they are a Basic Member in the Membership Program. Along with a limited edition shirt and 2 decals.)
Entries are conditional on maintaining your membership status in good standing in the Membership Program. If, during the Promotion Period you cancel your membership, you will no longer continue to receive the benefits of the Membership Program. If, during the Promotion Period Entrant upgrades or downgrades their membership during the month, Entrant will receive the appropriate number of entries based on the type of membership in good standing as of the 1st of the month. If Sponsor issues a refund to an Entrant or if the Entrant initiates a credit card charge-back, the corresponding number of entries associated within the membership will be revoked.
- Free Mail-in Entry: To obtain an entry without making a purchase, legibly handprint your full name, street address, city, state, ZIP code, daytime telephone number, and e-mail address on a standard white 3” x 5” card and mail the white 3” x 5” card along with a #10 Self-Addressed, Self Adhesive Stamped Envelope (“SASE”) (residents of VT may omit return postage) in an #10 envelope and mail with sufficient postage to: Built USA BUSA16 Harley-Davidson® Sportster S® Giveaway, 35246 U.S. HWY 19 N Unit 175 Palm Harbor, FL 34684 (“Mail-In Entry”). Receipts will be mailed in response to each compliant mail-in request. Entire mail-in request must be handwritten. Outer envelope must include a hand written return address in the upper left corner that matches the requestor’s street address, and must be postmarked no sooner than November 23, 2021 and no later than January 6, 2022, and received by Sponsor no later than January 11, 2022. Requests from Vermont ("VT") residents that are postmarked in VT may omit return postage. Requests from VT residents that are postmarked outside of VT and omit return postage may be required to provide proof of VT residency. Requests that are sent in business reply envelopes, that utilize address labels or stickers (for any address), that are photocopied, hand-stamped, computer-generated or otherwise mechanically or digitally produced or reproduced, or that otherwise fail to comply with these Official Rules, will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage and unused envelopes. Mail-In Entries must be legibly hand-written. Mechanical reproductions, postage-due, Mail-In Entries sent in excess of the entry limits will not be accepted. Mail-In Entries received without a verifiable and legible residential return address will be deemed incomplete and void. All Mail-In Entries must include all requested information (as provided above) to be considered a valid entry. Bulk shipments (multiple entries in one shipping package) will not be accepted, and will be destroyed. You will receive one (1) entry for a valid Mail-In Entry. Entrants may only enter once using this method of entry. Requests for confirmation of receipt of Mail-In Entry will not be acknowledged. No photo copies, facsimiles, or reproductions of Mail-In Entry will be accepted. Sponsor is not responsible for late, lost, damaged, stolen, incomplete, illegible, postage due, or misdirected entries. Proof of mailing does not constitute proof of delivery. Limit one (1) entry per person, family, and/or household.
All information must be complete to be eligible. Use of computer programs and/or other automated devices to enter Sweepstakes is prohibited.
BUSA16 WINNER SELECTION PROCESS: Sponsor will conduct a random drawing on January 24, 2022 from all eligible entries received during the Promotion Period, to determine the winner. Winner to be announced on January 26, 2022.
Should the Prize be forfeited, Sponsor may, at Sponsor’s sole discretion, choose another winner.
If a potential winner is found ineligible or fails to comply with these Official Rules or any additional supplemental rules, that individual’s claim to a prize is forfeited and an alternate qualifying and eligible Entrant may be selected, at Sponsor’s sole discretion.
All prizes legitimately claimed will be awarded.
BUSA16 GRAND PRIZE:
One (1) grand prize winner (the “Grand Prize Winner”) will receive:
One (1) 2021 Harley-Davidson® Sportster S® motorcycle, having a Manufacturer Suggested Retail Price (the “MSRP”) of approximately $21,900 (Color, Options and Accessories to be determined at the sole discretion of the Sponsor) and $30,000 USD CASH (the “Grand Prize”).
Total approximate retail value (“ARV”) for the Grand Prize is $52,400
The Sponsor will provide one (1) standard economy airfare ticket from a major commercial airport in the United States, near the Winner’s primary residence, and within 30 miles of Built USA, LLC Headquarters Location, as determined by Sponsor (Sponsor is not responsible for air transportation if the Winner resides within 200 miles of the Location). The Grand Prize Winner will also receive one (1) night hotel accommodation at a hotel, within 30 miles of Built USA, LLC Headquarters in Holiday Florida, determined by the Sponsor (room and tax only).
Ground transportation to/from airport to hotel and to/from hotel to Sponsor’s designated Grand Prize award location.
Sponsor will determine airline, flight itinerary, and hotel accommodations, within 30 miles of Built USA, LLC Headquarters in Holiday Florida, in its sole discretion. If the judgment of Sponsor air travel is not required due to Grand Prize Winner's proximity to destination, ground transportation will be substituted for roundtrip air travel at Sponsor's sole and absolute discretion. The difference in value will not be awarded to the Grand Prize Winner. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Grand Prize Winner must have a major credit card in his or her name for check in to the hotel. Travel is subject to the terms and conditions set forth in these Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Grand Prize Winner will not receive a difference between actual and ARV. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. All travel must be completed by March 11, 2022 arranged with Sponsor or Administrator a minimum of seven (7) days in advance (unless approved by Sponsor), and is subject to availability and Sponsor’s approval. If a Grand Prize Winner is unable to fulfill Grand Prize requirements during a time period, Grand Prize Winner forfeits the Grand Prize in its entirety and an alternate winner may be selected. All travel dates will be determined by the Sponsor, and once made may not be altered except by Sponsor. Some restrictions may apply. Meals not described above, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip are the responsibility of the Grand Prize Winner. All other expenses not specifically identified as included in the Grand Prize are the sole responsibility of the Grand Prize Winner. Grand Prize Winner is responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The Grand Prize Winner is solely responsible for obtaining any identification documents necessary for domestic travel.
Grand Prize Winner is solely responsible for arranging for transport of the Grand Prize from Sponsor’s location in Holiday, FL to Grand Prize Winner’s origin of choice.
Grand Prize Winner must have and provide a valid U.S. Driver’s License and provide proof of existing Motorcycle Insurance Coverage (Comprehensive or Liability). Grand Prize Winner will be solely responsible for any applicable registration, license, title and insurance fees, all taxes (federal, state, local and/or income) and any expenses not listed herein related to the acceptance and use of the Grand Prize. Sponsor does not make, nor is Sponsor in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Grand Prize, including but not limited to its quality, fitness for purpose, or mechanical condition; the only representation/warranty/guarantee that may be provided relative to the Grand Prize, if any, are those of the manufacturer and/or dealer. Grand Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations including, but not limited to licensing and insurance requirements. Any difference between stated MSRP and actual value will not be awarded.
BUSA16 PRIZE RESTRICTIONS: Sponsor will determine all details of a Prize in their sole discretion. No Grand Prize substitution or cash alternative offered, except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if Grand Prize becomes unavailable due to reasons beyond the control of the Sponsor; provided no such substitute prize shall be from Sponsor without its prior written consent. Prizes are not transferable. Exact make and models of the Grand Prize will be determined at the Sponsor’s sole discretion. Any taxes imposed on the income of the Grand Prize Winner as a result of winning the Grand Prize and all other expenses not specifically mentioned herein as part of the Grand Prize are solely the responsibility of the Grand Prize Winner. No more than the number of prizes set forth in these Official Rules will be awarded. Sponsor does not make, nor is Sponsor in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Grand Prize, including but not limited to its quality, fitness for purpose or mechanical condition; the only representation/warranty/guarantee that may be provided relative to the Grand Prize, if any, are those of the manufacturer and/or dealer.
All Prize Winners consent to Sponsor’s use of his/her name, likeness, biographical information, image, and/or voice and other indicia of persona for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval (TN residents will not be required to sign a publicity release as a condition of winning a Prize).
BUSA16 PRIZE NOTIFICATION/PRIZE CLAIM: Potential Grand Prize Winner will be notified by phone and must reply within (24) twenty four hours from the first notification attempt with the requested information. In the event the potential Grand Prize Winner fails to return the requested information by the date indicated, or if potential Grand Prize Winner is found to be ineligible, or if he/she does not comply with the Official Rules, then the potential Grand Prize Winner will be disqualified and an alternate potential Grand Prize Winner will be selected from the remaining eligible entries. If the notification is returned as undeliverable, this will result in disqualification and an alternate potential Grand Prize Winner will be selected.
Except where prohibited, potential Grand Prize Winners must sign and return within the time frame specified, an Affidavit of Eligibility/Liability/Publicity Release Form, an IRS Form W-9, (collectively, the “Paperwork”) in order to claim the Grand Prize. If potential Grand Prize Winner fails to return the Paperwork by the date indicated, then that Grand Prize Winner forfeits their right to the Grand Prize (without compensation of any kind) and an alternate potential Grand Prize Winner will be selected at random from among all remaining non-winning eligible entries received, at Sponsor’s sole discretion.
The value associated with the Grand Prize may be taxable as income and the Grand Prize Winner is solely responsible for any taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the Grand Prize. The Sponsor must report the value of the Grand Prize to the Internal Revenue Service in the year the Grand Prize is received by the Grand Prize Winner and will be reported to the Grand Prize Winner and the Internal Revenue Service in the form of a Form 1099. In the event it is deemed during the verification process that potential Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Prize, he/she will be disqualified and an alternate potential Grand Prize Winner will be selected at random from among all remaining non-winning eligible entries received, at Sponsor’s sole discretion, time permitting. Valid social security numbers will be determined by IRS requirements.
Prize Winners must take possession of the Prize within sixty (60) days of completing the Paperwork, or within the timeframe specified for the Grand Prize. If the Grand Prize Winner does not take possession of the Grand Prize within sixty (60) days or the time frame indicated by the Sponsor, the Grand Prize will be forfeited without any compensation afforded to the Grand Prize Winner and the Grand Prize will not be awarded.
DISCLAIMERS: By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities, Twitter, Inc., Facebook, Inc., Instagram, Inc., and each of their respective directors, officers, employees, agents, successors and assigns (the “Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrants’ participation in the Sweepstakes; (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. Without limiting the generality of the foregoing, Entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the 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 a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the internet service provider or the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website or social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via email, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules or any additional supplemental rules. In addition, Sweepstakes Entities are not responsible for any typographical errors in these Official Rules or any additional supplemental rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by the Sponsor and/or the Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sweepstakes Entities, any user or Entrant, or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select prize winners from all valid entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, riot or civil disturbance, public health crisis (e.g. SARS, Ebola, Measles, COVID), casualties, satellite or equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); order or any court or jurisdiction, or any other cause not reasonably within the Sponsor’s control.
SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS. Entry information becomes property of Sponsor. All federal, state and local regulations apply.
GENERAL CONDITIONS OF ENTRY: All Entrants, as a condition of entry, agree that they have not been required to purchase any kind of product or service whatsoever in order to participate in and/or enter the Sweepstakes. The Sweepstakes Entities are not responsible for the actions of Entrants in connection with the Sweepstakes, including Entrants’ attempts to circumvent the Official Rules or any additional supplemental rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules or any additional supplemental rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release(s) are hereby expressly and forever waived. Entrant acknowledges 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.
GOVERNING LAW: The parties agree that the Sweepstakes and these Official Rules or any additional supplemental rules will be governed, construed and interpreted under the laws of the State of Florida, without giving effect to any choice of law or conflict of laws 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.
DISPUTE RESOLUTION: Entrants, Sponsor, Sweepstakes Entities, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts for Pinellas County, Florida and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration conducted in English before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Palm Harbor, Florida. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction for Pinellas County, Florida.
Scope: This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Sweepstakes, whether based in contract, tort, statute or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Official Rules or any additional supplemental rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Sweepstakes Entities (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Sponsor’s Claims pertaining to intellectual property rights.
No Preclusive Effect: No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
Severability: If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction.
LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
WINNERS LIST: Grand Prize Winner will be announced on the Sponsor’s website and/or social media pages after Grand Prize Winner has been verified and the Prize claimed. The winners’ list will be available after winner validation has been completed upon request.
SPONSOR: This Sweepstakes is sponsored by Built USA, LLC 35246 U.S. HWY 19 N Unit 175 Palm Harbor, FL 34684. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Sweepstakes.
Built USA and their logos are trademarks of Built USA, LLC. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter, Inc., Facebook, Inc., Instagram, Inc., or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Harley-Davidson® or H-D U.S.A. LLC®.
© 2021. Built USA, LLC. 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 Built USA, LLC.
TERMS AND CONDITIONS Last revised on 11/26/2021