NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. Eligibility: The HELYA The Spirit of Adventure Giveaway (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia the "Territory" who have reached the legal age of majority in their state/province/territory of residence and who are located in the Territory at the time of entry. HELYA, LLC (“Sponsor”), the Promotion Administrator appointed by Sponsor (the “Promotion Administrator”) and their respective parents, subsidiaries and affiliated companies, retailers, sales representatives, dealers, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion and each of their respective officers, directors, representatives, employees and agents (collectively, “Promotion Parties”), and their immediate family members and persons living in the same households of each (whether related or not) are not eligible to participate. The Promotion is subject to all applicable federal, state, provincial and local laws and is void outside the Territory and where prohibited by law. By participating in this Promotion, entrants agree to abide by and be bound by the Official Rules and decisions of the independent Promotion Administrator, which shall be final in all matters relating to the Promotion. Sponsor or Administrator may require proof of consent at any time and in any manner they deem appropriate.
2. Promotion Period: The Promotion begins at 9:00 a.m. Mountain Time ("MT") on November 1, 2019 and ends at 11:59 p.m. MT on March 15, 2020 (the "Promotion Period").
3. How to Enter:
Purchase Entry: During the Promotion Period, go to the following website: www.hel-ya.com/ (“Website”) and purchase one or more products from the Website during the Promotion Period (“Purchase Entry”). Entrants must complete all required information. RECEIVE ONE (1) ENTRY FOR EVERY $3 SPENT (NOT INCLUDING SHIPPING) DURING THE PROMOTION PERIOD. Purchase transactions involving account adjustment transactions/returns, declined credit or debit transactions are not eligible for Purchase Entries.
Mail-in Entry: To obtain an entry without making a purchase legibly handprint, your name, street address, city, state or province, zip or postal code, telephone number and complete e-mail address on a standard 4” x 6” postcard (with no outer envelope) and mail to: HELYA The Spirit of Adventure Giveaway PO Box 2813, Pocatello, ID 83201. You will receive three (3) entries into the Promotion. Postcards must be received by March 15, 2020. All mail-in entries must be legibly hand written (including addressing), mailed separately with no outer envelope and have sufficient postage. LIMIT ONE (1) MAIL-IN ENTRY PER PERSON/EMAIL ADDRESS.
4. Finalist Drawing:On or about March 15th, 2020, the Promotion Administrator will conduct a random drawing for ten (10) finalists from among all eligible Purchase and Mail-in entries received during the entire Promotion Period. This drawing will be conducted using MiniWebTools Random Name Picker Tool (https://miniwebtool.com/random-name-picker/) using their 3-step Randomness Process Certification. Participation as a Mail In or Purchase Entrant constitutes an agreement to this process.
Grand Prize Drawing:On or about March 31st, 2020, in a location in the United States to be determined by the Sponsor, the Sponsor will randomly select one (1) finalist to be the Grand Prize Winner. The process for random selection and the location of the Grand Prize Drawing shall be determined solely by the Sponsor. Further, the final date and location of the Grand Prize Drawing are subject to change at Sponsor's discretion.
5. Prizes, Approximate Retail Value (“ARV”) & Odds of Winning: One (1) Grand Prize: 2019 CAN AM Maverick. Total ARV of Grand Prize $20,000 or $10,000 Cash. All prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes are non-transferable and cannot be redeemed for cash or credit, in whole or in part, for any destination. Any expenses not specified are the sole responsibility of each winner. No substitution, cash redemption or transfer of prize(s) is permitted except at Sponsor’s sole discretion or as provided herein. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute such prize (or portion thereof) with a prize of equal or greater value. All federal, state, provincial and local taxes, and all other costs associated with acceptance or use of the prize, are the sole responsibility of each winner. Arrangements for delivery of prize will be made after winner validation. Prizes will be awarded only to an address within the Territory provided they are claimed properly in accordance with these Official Rules. At the Sponsor’s discretion, unclaimed prizes may not be awarded. Odds of winning a Prize depends on the number of eligible entries received.
6. Grand Prize Terms: Sponsor will determine all features of the side by side prize including, but not limited to, color of exterior and interior. Winner of side by side must be a licensed driver and will be required to provide proof of insurance at time of delivery. Winner of side by side is responsible for license, registration, insurance, transportation, import and export taxes, and other fees associated with the prize(s). Winner of side by side agrees that HELYA The Spirit Of Adventure, and any of the Promotion Parties, have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the side by side, including but not limited to its quality, mechanical condition or fitness.
7. Entrant Verification: In the event of a dispute regarding the identity of the person submitting an entry, the entry will be declared made by the person in whose name entry was made. The Promotion Administrator reserves the right to require proof of identity and/or eligibility (in a form acceptable to the Promotion Administrator – including, without limitation, government issued photo identification) for any reason the Promotion Administrator deems necessary, in its sole discretion, for the purposes of administering this Promotion in accordance with these Official Rules. Failure to provide such proof to the complete satisfaction of the Promotion Administrator within the timeline specified by the Promotion Administrator may result in disqualification by the Promotion Administrator, in its sole discretion.
8. Notification & Validation of Winners: Potential winners will each be contacted by telephone, email, regular mail or overnight mail, and may be required to complete, sign and return an affidavit or declaration of eligibility, a liability release, tax forms, and where lawful, a publicity release within a stated amount of time. The return of any notification as undeliverable or failure to respond to notices or return any required documents or information in a timely manner or a determination that a potential winner is ineligible or not in compliance with these Official Rules, as determined by the Promotion Administrator, in its sole and absolute discretion, may result in disqualification of the winner and forfeiture of the corresponding prize, and the choosing of an alternate winner.
9. Limitations: Promotion Parties are not responsible for: (i) electronic or digital transmissions, entries or mail that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected, non-delivered, or not received by Sponsor or Promotion Administrator for any reason; (ii) mail that is received postage-due; (iii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures (including but not limited to failures or malfunctions of phone lines, telephone systems, mail delivery service or other communications systems), destruction of or unauthorized access to, or alteration of, entries, or for printing, distribution or production errors; (iv) failed or unavailable hardware, network, software or telephone transmissions; (v) damage to entrants' or any person's computer; (vi) causes beyond Promotion Parties’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (vii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion; (viii) any typographical or other error in the printing or advertising related to the Promotion, in the administration or execution of the Promotion, or in the announcement/notification of prize winners; (ix) by any human, or other error, which may occur in this Promotion or (x) cheating or fraud by any participant. All incomplete or non-conforming entries (as determined by the Promotion Administrator in its sole and absolute discretion) will be disqualified.
10. Modification, Suspension and Termination: If for any reason this Promotion cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, social media mandate, or any other causes beyond the control of Sponsor or Promotion Administrator that corrupt or affect the security, administration, integrity, fairness or proper conduct of this Promotion, or if this Promotion is compromised or becomes corrupted in any way, electronically or otherwise, Promotion Administrator reserves the right, in its sole discretion, to void suspect entries/entrants and/or modify, suspend and/or terminate this Promotion. If the Promotion is terminated before the stated end date of the Promotion Period, the Promotion Administrator may select the winners in a random drawing from among all applicable, eligible, non-suspect entries received as of the time/date of termination.
11. Disqualification: Entries which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules (as determined by the Promotion Administrator in its sole and absolute discretion) will be void and will not be entered into the Promotion's prize drawings. Entries made by facsimile, overnight courier, automated means, any entry service, or in any other manner not specifically allowed under these Official Rules will not be entered into the Promotion and may result in disqualification of the entries and the responsible entrant(s). Promotion Administrator reserves the right, in its sole and absolute discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or who acts in a disruptive or unfair manner. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND/OR PROMOTION ADMINISTRATOR RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Releases: By participating in this Promotion, entrants: (a) to the maximum extent permitted by law, that all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) to release, defend, indemnify and hold harmless Promotion Parties and their respective successors and assigns, from and against any liability, loss, claim or cause of action, including, but not limited to, injury, death or damages arising out of participation in this Promotion or the acceptance, possession, use or misuse of any prize received in this Promotion; and (c) to waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys’ fees, court costs, or any damages other than actual out-of-pocket costs incurred to enter, 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 APPLICABLE PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
13. Publicity: Except where prohibited, participation in the Promotion constitutes each entrant’s permission for the Sponsor and its agencies to use entrants' names, photos, voices and/or any other likenesses for purposes of advertising and publicity in all media now known or hereinafter invented without territorial or time limitations and without compensation or notice.
15. Choice of Law, Jurisdiction and Notice: 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. By entering, entrants irrevocably consent to the exclusive jurisdiction of the federal and state courts located within the county of Santa Clara, California for any action, suit or proceeding arising out of or relating to this Promotion. These Official Rules are protected by U.S. and International copyright laws. Reproduction and distribution of these Official Rules without written permission from the Promotion Administrator is prohibited. Copr. 2019 Promotion Administrator.
16. Severability & Conflicts: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials or made by any representative of Sponsor or Promotion Administrator, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
17. Winners’ List: To view the winners’ list for this Promotion, please visit http://hel-ya/winners. The winners’ list will be available after winner validation has been completed.
18. Sponsor: HELYA, LLC, 2115 Douglas St., Pocatello, ID 83201. Mail-in entries are not accepted at this address.
All trademarks used herein are the property of their respective owners. Manufacturers of the prizes offered in this Promotion do not sponsor or endorse this Promotion and are not affiliated with the Sponsor or Promotion Administrator in any way.
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