2022 ATV Giveaway: Terms and Conditions

Official Rules 

1. Limitations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. NO PURCHASE IS NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES TO WIN. Entrants must be 18 years or older, who reside in the United States, other than New York or Florida, except the age restriction is 19 for residents of Alabama and Nebraska, and 21 for residents of Mississippi.

2. Submissions and Entries. By submitting an entry for AC AVALANCHE ATV GIVEAWAY (the “Contest”), you (“Entrant” or “you”) agree to these Official Rules, to which your entry is subject. The Contest is administered and provided by AC Avalanche LLC, an Ohio limited liability company (“Sponsor”). To submit an entry, you have two options: (a) fully complete the fields requested at acavalanche.com/atv-giveaway or (b) On a postcard or a card that is no smaller than 3 ½ x 5 inches and no larger than 4 ¼ x 6 inches, legibly handwrite your complete name, mailing address, phone number, e-mail address, and date of birth and mail with proper postage to B’laster LLC, 8555 Sweet Valley Drive, Suite H, Valley View, OH 44125 (the “Sponsor Address”) postmarked on or after the Start Date and actually received by Sponsor before the End Date. There is a limit of one (1) write-in submission per envelope/postcard and one (1) entry per person; multiple submissions will be void. Write-in submissions must contain all submission fields outlined above; otherwise, they are void and will not be eligible to win. Any attempt by any participant to obtain more than the allowed number of entries by using multiple/different email addresses, identities, registrations, and logins, or any other methods will void that participant’s entries, and that participant may be disqualified. Entries generated by script, macro, or other automated or mechanical means, or by any means that subvert the entry process are void. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries, which will be disqualified. All entries become the sole and exclusive property of Sponsor and will not be returned.

3. Contest Dates. The Contest will begin at 12:01 A.M. Eastern Standard Time on July 18, 2022 (the “Start Date”). Entries will no longer be accepted as of 7:00 P.M. Eastern Standard Time on July 20, 2022 (the “End Date”). Sponsor’s computer is the official time keeping device for this Contest.

4. Prize; Odds; Procedure. The winner will receive one (1) Honda Rancher ATV with specifications and features to be determined in Sponsor’s sole discretion (the “Prize”), subject to the terms and conditions hereof. To be declared a winner, an entry must be submitted in strict conformity with these Official Rules. Within thirty (30) days after the End Date, Sponsor will select one (1) potential winner in a random drawing from all valid entries received. Sponsor will use the information provided by the participant to contact the potential winner. Sponsor’s decisions as to the administration and operation of the Contest are final and binding. Failure to respond to the initial prize award verification contact within ten business days of date of notification will result in disqualification, and Sponsor may then select an alternate winner. The value of the Prize is estimated to be $4,500. The winner will not receive the difference between actual and approximate retail value. There shall be no other prizes. Sponsor reserves the right to substitute the Prize for one of equal or greater value for any reason. Your odds of winning are based upon the number of entries. Sponsor will deliver a voucher for each Prize to the winners on a date selected by Sponsor. There will be no rights to receive a cash payment, in lieu of the Prize. As a condition to receiving the Prize, each winner must complete an affidavit of eligibility, which shall include the winner’s social security number so that Sponsor may issue a 1099 for tax purposes. 

HONDA HAS NOT SPONSORED OR APPROVED THIS CONTEST OR ANY SERVICE OR PRODUCT FROM SPONSOR.

To receive a list of the first name, last initial, city, and state of the Prize winners, send a self-addressed stamped envelope to the Sponsor Address. Requests must be received no later than ninety (90) days after the End Date. Vermont residents may omit return postage. Only one request per household will be provided. Sponsor will arrange for the Prize to be delivered to winner’s residential address.

5. Prohibited Parties. The Contest is open to anyone except members, shareholders, directors, officers, and employees of Sponsor, and/or any of their parents, subsidiaries, and affiliates, their families, agencies and anyone to whom they are professionally connected.

6. Agreement to Be Bound. Acceptance of these Official Rules is a condition of submission. By entering into the Contest you agree to be legally bound by these Official Rules. Participants who violate these Official Rules will be excluded from the Contest and no longer be eligible to win the Prize. All determinations made by Sponsor shall be final. Sponsor reserves the right to change, alter or withdraw the Contest at any time.

7. Publicity Release and Use of Information. By entering the Contest, you agree that if you are chosen as the Prize winner, you will allow Sponsor to use your name, photograph, video clips, and general location for its publicity and news purposes during this and any future contests, promotions or advertising. Sponsor will use the information that you provide or which we obtain from our dealings with you, to administer the Contest and tell you about product offerings and future contests. We will not pass on the information to partners or third parties. By making an entry, you agree to accept and receive marketing emails and/or text messages.

8. General Release; Indemnity. Sponsor and its shareholders, members, directors, managers, officers, employees, agents, and attorneys (collectively, the “Sponsor Parties”) shall not be responsible for (a) electronic, hardware or software program, network, Internet, computer, or other technical malfunctions, failures, or difficulties of any kind, including without limitation server malfunctions or human error in the collection, processing, and transmission of data, (b) late, lost, misdirected, illegible, or incomplete submissions, (c) any type of graphical or other error in the advertising or printing of the Contest or in the administration of this Contest, or (d) any condition that may cause the administration, security, or proper play of the Contest to be disrupted or corrupted. In any event described above, the Contest will be void at Sponsor’s option.

To the maximum extent permitted by the law, the Sponsor Parties assume no liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained by participating in the Contest and/or in the receipt or use of the Prize. By entering, you agree to indemnify, defend, and hold the Sponsor Parties harmless from any and all liability relating to your participation in the Contest and release each of the Sponsor Parties from any claims, damages, lawsuits, and expenses relating to the same. None of the Sponsor Parties shall be responsible for any condition, circumstances, losses, failures or delays caused by events beyond its or their control, including without limitation any circumstance that may cause the Contest to be disrupted or corrupted.

CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN 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 PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.

9. Taxes. The winner will be solely responsible for any and all federal, state, local, and other taxes incurred in connection with receipt of the Prize.

10. Jurisdiction; Limitation of Liability; Ohio Law. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the applicable state or federal courts located in Cuyahoga County, Ohio, and in no other court; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorney’s fees and in no event exceeding Five Hundred Dollars ($500.00); (d) to the extent permitted by law you waive any right to a jury trial; and (e) under no circumstances will an Entrant be permitted to obtain awards for, and entrant hereby waives all rights 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. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS PARAGRAPH MAY NOT APPLY TO YOU.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.