E3 RANCH FOUNDATION GMC TRUCK GIVEAWAY RULES
NO PURCHASE OR CONTRIBUTION NECESSARY TO PARTICIPATE
VOID IN ALABAMA, HAWAII, SOUTH CAROLINA, UTAH AND WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW.
E3 Ranch Foundation GMC Truck Giveaway (“Giveaway”) will begin on Friday, November 11, 2022, at 12:00:01 p.m. Eastern Time (ET) and will end on Tuesday, December 27, at 11:59:59 p.m. ET (“Giveaway Period”). Before participating in the Giveaway, each entrant must review and agree to be bound by the Giveaway’s Rules (“Rules”) as set out below. By entering the Giveaway, entrants accept and agree to be bound by the Rules and accept the decisions of the Sponsor as final and binding in all respects.
The Giveaway is sponsored by The E3 Ranch Foundtion, Inc., and is in no way sponsored, endorsed, administered by, or associated with, Facebook, Instagram, or Twitter. All communication with respect to the Giveaway, including requests to be removed from future promotions, should be emailed to the Sponsor at firstname.lastname@example.org with a reference to this Giveaway in the subject line or body of the email.
The Giveaway is void where prohibited or restricted by law. The Giveaway is available and open to all legal United States residents (EXCEPT residents of Alabama, Hawaii, South Carolina, and Utah) who are at least the age of majority in their state of residence as of November 11, 2022, and who have a valid email address. Entrants must have a valid driver’s license to be eligible to win the Grand Prize. The Giveaway is not open to the following persons: employees, agents, or representatives of the Sponsor, the subsidiaries and affiliates of the Sponsor, or employees, agents, or representatives of suppliers providing prizes or other materials or services in connection with the Giveaway, including promotional agencies (collectively, the “Excluded Individuals”); immediate household family members (parent, child, sibling and spouses of each) of the Excluded Individuals; and any other persons with whom the Excluded Individuals reside.
HOW TO ENTER
There will be three (2) parts to the Giveaway:
1. Prize Drawings – Entrants automatically entered by making a contribution to the Sponsor at www.LukeGivesBack.org or www.e3givesback.org (“Website”) during the Giveaway Period. To enter the Prize Drawings without donating (“AMOE”) (a) send a post-card or leUer with Entrant’s name, address, email address, and phone number to 13 South National Avenue, Fort Scott, KS 66701 so that it is postmarked during the Giveaway Period and received within five (5) business days after the end of the Giveaway Period; or (b) set up an account at the Website here https://e3givesback.org/luke-givesback-free-entry/ and select the op-on to enter without making a contribution.
2. Premium Gift Promotion – Entrants who contribute to the Sponsor during the Giveaway Period in the amounts listed below shall receive the following:
|$150 or more
|E3 Ranch Baseball Hat
|$250 or more
|E3 Ranch T-Shirt
|$500 or more
|E3 Ranch 16 oz. Tumbler
|$1,000 - $2,499
|E3 Meat Day Package
|$2,500 - $4,999
|E3 Meat Big Bluestem Package
|$5,000 or more
|E3 Meat Otterbox II Package
The number of entries an Entrant will receive for the Prize Drawings is listed below. Entrants using an AMOE will receive 25 entries for each AMOE used. For example, an AMOE submitted by post-card will receive 25 entries and an AMOE submitted through the Website will receive 25 entries, for a maximum total of 50 entries. The entrant will only receive the number of entries to the category applicable to the Entrant.
|Number of Entries
|Up to $24
|25 per AMOE with a maximum of 50
|$25 - $49
|$50 - $99
|$100 - $149
|$149 - $249
|$250 - $499
|$500 - $999
|$1,000 - $1,999
|$2,500 or $4,999
|$5,000 or more
Entrants must provide all information requested in the entry process to participate in the Giveaway. No contribution or purchase is necessary to participate in the Giveaway. Void in Alabama, Hawaii, South Carolina, and Utah and where otherwise prohibited by law. All entries become the property of the Sponsor and will not be acknowledged or returned. Use of automated devices is not valid for entry. Sponsor is not responsible for any computer malfunctions, website tampering, or any technical difficulties that may occur. Sponsor’s computer is the official timekeeper for the Giveaway.
PRIZE DRAWINGS DATES/DEADLINE
A potential winner for each Prize (each a “Potential Winner”) will be randomly selected from all eligible entries received by during the Giveaway Period on or about January 4, 2023. The Prize Drawing for each Prize will be held in the order the Prizes are listed in these Rules. All decisions made by the Sponsor regarding the Giveaway are made in the Sponsor’s sole discretion and are final in all respects. Sponsor will notify each Potential Winner by email within five (5) business days of the Prize Drawings. The Sponsor may, at its discretion, also confirm with a winner by telephone or in writing. In the event the Sponsor is unable to contact a Potential Winner despite reasonable efforts to do so, as determined in the Sponsor’s sole discretion, such Potential Winner’s prize will be forfeited, and an alternate Potential Winner (“Alternate Potential Winner”) may be chosen by the Sponsor. The notification will include a copy of a Release and Eligibility Agreement (“Claim Form”), and other information required to claim the prize. The completed Claim Form must be received by the Sponsor within ten (10) business days of notification by Sponsor (“Submission Deadline”). The notification shall be deemed to occur when the email notification is sent from Sponsor’s computer to a Potential Winner’s email address provided during the entry process. All completed Claim Forms become the property of the Sponsor. All Claim Forms will be verified by the Sponsor. To claim a prize, a Potential Winner must complete the Claim Form which includes representations of eligibility, compliance, and releases of liability, and a publicity release. Among other things, the submission of the Claim Form confirms compliance with these rules, acceptance of the Prize as awarded and release of certain par-es from any losses, liabilities, damages, or claims arising from or related to the prize awarded and the Giveaway itself. If a Potential Winner fails to submit the Claim Form with all information required by the Submission Deadline, the Sponsor reserves the right to disqualify a Poten-al Winner, and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard.
A POTENTIAL WINNER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL A POTENTIAL WINNER’S ELIGIBILITY HAS BEEN VERIFIED AND THE POTENTIAL WINNER HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (“Qualified Winner”). If a Potential Winner cannot prove they are a Qualified Winner, the prize will not be awarded. If a Poten-al Winner declines the prize, another Potential Winner may be selected from the eligible entries received.
1. Prize #1 – 2021 GMC custom truck with an approximate retail value (“ARV”) of $50,000 AND $30,000 cash. and must pay all fees and charges (including, but not limited to, tags, license, and delivery costs) when the truck is transferred to the Prize #1 Qualified Winner. Prize #1 Qualified Winner has 60 days after being confirmed as a Qualified Winner to arrange pick-up or delivery of the Truck. All expenses (e.g., tags, license), delivery and other costs not expressly stated in the Prize #1 description are the sole responsibility of the Prize #1 Qualified Winner. Total ARV of Prize #1 is $80,000.
2. Prize #2 – Trip for two (2) to the Crash my Playa Festival scheduled for January 19 through 23, 2023 in Riviera Cancun, Mexico (ARV $7,895) AND $12,000 cash. Prize #2 includes: two (2) Crash my Playa Festival access tickets; and five (5) nights’ accommodation in the Nizuc section of Moon Palace Cancun (actual accommodations selected in Sponsor’s sole discretion). Prize #2 is non-transferable and must be used by the Prize #2 Qualified Winner and a guest (must be at least 21 years of age). All expenses, travel, and other costs not expressly stated in the Prize #2 description are the sole responsibility of the Prize #2 Qualified Winner. Total ARV of Prize #2 is $19,895.
3. Prize #3 – $1,000 gift card to be used for dinner at the E3 Chophouse in Nashville, Tennessee, AND $10,000 cash. All expenses, travel, and other costs not expressly stated in the Prize #3 description are the sole responsibility of the Prize #3 Qualified Winner. Total ARV of Prize #3 is $11,000.
The total maximum ARV of all prizes is $110,895. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Sponsor is not responsible if the Crash my Playa Festival or any other scheduled event included with a Prize is delayed, postponed, or canceled for any reason and each Qualified Winner will not be reimbursed. Tickets may be subject to the issuer’s standard rain-check policies and procedures. Lost, mutilated, or stolen tickets, vouchers, or certificates will not be replaced. By accepting the ticket prize, Qualified Winner agrees to abide by any terms, conditions, and restrictions provided by the ticket. Sponsor is not responsible if the winner does not use the ticket on the day of the event. No substitution, exchange, or transfer of any and all part(s) of a Prize by any Potential or Qualified Winner. Sponsor reserves the right to substitute a prize or any prize component for one of equal or greater value. All applicable federal, state, local, and other taxes and all other expenses not specifically mentioned herein are the sole responsibility of the individual Qualified Winner. Sponsor is not responsible for any taxes or expenses not specifically men-oned herein. Qualified Winners will be issued a Form 1099 and are responsible for any tax liability.
ODDS OF WINNING
The overall approximate odds of winning depend on the number of eligible entries received during the Giveaway Period.
Our Site may contain links to other sites, including those of third parties or business partners. While we seek to link only to sites that share our high standards and respect for privacy, we cannot be responsible for the privacy practices other websites use. By accessing other third party websites or applications through our Site, you are consenting to the terms and privacy policies of those websites. It is possible that other parties may collect personally identifiable information about your online activities over time and across different web sites when you use our Site.
By entering this Giveaway, Entrant agrees (i) to be bound by and abide by these Rules, including all eligibility requirements, (ii) to comply with the terms and conditions of use for Facebook, Instagram, or Twitter at all times and in all respects, and (ii) to be bound by the decisions of the Sponsor, which are final and binding in all matters relating to the Giveaway and waive any and all right to claim ambiguity in the Giveaway or these Rules or that Entrant’s publicity or similar rights were infringed upon. Failure to comply with these Rules may result in disqualification from the Giveaway. Sponsor reserves the right to permanently disqualify from any Giveaway it sponsors any person it believes has intentionally violated these Rules.
Except where prohibited by law, the Entrant’s entry and/or acceptance of a Prize constitutes consent to the use of an Entrant’s name, image, voice, likeness, statements, biographical information, city and state of residence, and/or photographs for promotional or advertising purposes in connection with this Giveaway on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.
Sponsor may prohibit an Entrant from participating in the Giveaway or winning a Prize if, at its sole discretion, it determines that said Entrant is attempting to undermine the legitimate opera-on of the Giveaway by cheating, deception, or unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any person attempting to defraud or in any way tamper with the Giveaway will be ineligible to participate in the Giveaway and may be prosecuted to the full extent of the law. Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Giveaway, and, in Sponsor’s sole discretion, select Potential Winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties (defined below) are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, technical failure, theft or destruction, or unauthorized use of any technology used in connection with this Giveaway.
All questions and disputes regarding the Giveaway, including, without limitation, all questions or disputes regarding an individual’s eligibility for the Giveaway or compliance with these Rules will be resolved by the Sponsor in its sole discretion. Entries that are mechanically reproduced, copied, illegible, incomplete, or inaccurate and entries by means which subvert the entry process are void. Incomplete entries or entries not complying with these rules are subject to disqualification, at the Sponsor’s sole discretion. No correspondence will be entered into except with a Potential Winner.
Entrants may be disqualified if Sponsor learns that the entrant disparages the Sponsor during or after the Giveaway Period. Entrants should be aware that Sponsor retains the right to take legal action against entrants who commit libel or slander against Sponsor during or after the Giveaway Period.
These Rules constitute a complete and binding agreement between the Sponsor and an Entrant. To the extent that any provision of these Rules is deemed invalid, the remainder of the Rules shall remain in force.
RELEASE OF LIABILITY
By participating, Entrant releases Facebook, Instagram, and Twitter; Sponsor; each of the foregoing respec-ve parent companies, subsidiaries, affiliates, and partners; each of the foregoing respec-ve employees, directors, agents, and advertising agencies; and all others associated with the development and execution of this Giveaway (“Released Par-es”) from any and against any and all claims, liability, loss, attorneys’ fees and costs of li-ga-on and settlement, or damage whatsoever arising with respect to the Giveaway or the awarding, receipt, possession or use or misuse of any Giveaway prize.
ENTRANTS ACKNOWLEDGE THAT THE RELEASED PARTIES HAVE NOT MADE NOR ARE RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, RELATIVE TO OR IN CONNECTION WITH THE GIVEAWAY, ANY GIVEAWAY MATERIALS, GUIDANCE, OR COMPONENTS THERETO, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Prizes awarded may carry their own terms and conditions and product warranty, for which the Released Parties have no responsibility of liability. Released Parties will have no liability whatsoever for a failure to supply a prize or any part thereof, by reason of any acts of God, any severe weather, hurricane, flood, fire, war, transportation interruption of any kind, or any other cause beyond their control. By participating, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Giveaway, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) to the extent permitted by applicable law, any claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorney’s fees; and (c) unless specifically prohibited by law, under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
JURY TRIAL WAIVER
EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS GIVEAWAY, ENTRANT HEREBY WAIVES ANY RIGHT ENTRANT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS GIVEAWAY, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
APPLICABLE LAWS AND JURISDICTION
Entrants agree that (a) any and all disputes, claims, and causes of action arising out of, or connected with, the Giveaway or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal, state and local courts for Bourbon County, Kansas; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys fees; and (c) under no circumstances will 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 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 THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, Entrant’s rights, and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by and construed in accordance with, the laws of Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Commonwealth of Virginia.