LGND32 Giveaway Official Rules
BY ENTERING OR OTHERWISE PARTICIPATING IN THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT REQUIRES YOU TO INDEMNIFY AND RELEASE ALL CLAIMS AGAINST THE RELEASED PARTIES AND TO AGREE TO ARBITRATION WITH NO CLASS RELIEF AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION WITH NO CLASS RELIEF.
- ELIGIBILITY: The LGND 32Giveaway (the “Giveaway” or “Promotion”) is open only to legal residents of the 48 contiguous United States (excludes AK and HI), the District of Columbia and Canada (excluding Quebec) who are licensed drivers and legal age of majority in the state/province/territory in which they reside. Employees of LGND Supply Co. LLC (the “Sponsor”), its affiliates, subsidiaries, advertising, promotion partners and internet agencies, and each of their respective officers, directors and agents (collectively "Released Parties") and their immediate family members (spouse, parent, child, sibling, and grandparent) and/or those living in the same household of each are not eligible. The Giveaway is void in the states of AK, HI, the province of Quebec and where prohibited. All federal, state, provincial, municipal and local laws and regulations apply. By participating in the Giveaway, entrants agree to be bound by these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- PROMOTION PERIOD: The Giveaway begins on January 1, 2023 and ends at 11:59:59 PM ET on February 10, 2023 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.
- TWO WAYS TO ENTER:
- Automatically via a purchase at lgndsupplyco.com or via the LGND Supply Co. App. You will automatically receive one (1) entry for every $1.00 USD spent on eligible purchases at www.lgndsupplyco.com (the “Website”) or via the LGNDs App (the “App”) during the Promotion Period, unless your purchase is made during a special entry multiplier period, during which time the number of entries earned will be increased by a multiplier (“Entry Multiplier”). Timing for an Entry Multiplier offer will be determined solely by the Sponsor and will be announced by the Sponsor on the Website, App and/or its social media pages.
Throughout the Promotion Period, purchases of a items labeled “LIMITED” will receive twenty (20) entries for every $1.00 USD spent. Entries earned via a purchase of a LIMITED item, are not subject to Entry Multiplier offers.
Throughout the Promotion Period, 25X entries will automatically be applied to monthly LGND Subscriptions if the monthly subscription transaction/charge posts on a day that falls within this Giveaway’s Promotion Period. Subscriptions are not subject to multipliers.
Your purchase transaction must be received by 11:59:59 PM ET on February 10, 2023 to be eligible to receive entries into this Giveaway. The number of entries you receive will be based on the list price of your eligible purchase (excludes sales tax and shipping charges) and will be rounded up to the nearest U.S. dollar. If a purchase is returned prior to the drawing, entry/ies associated with that purchase will be voided. All purchases are subject to Sponsor’s return policy. The LGND Supply Co. mobile app is a free app available for iOS and Android devices.
- No Purchase Necessary. To receive 10 entries without making a purchase, on a plain piece of 3”x5” paper, hand print your complete first and last name, street address, city, state/province/territory, zip/postal code, date of birth (mm/dd/yyyy), e-mail address plus daytime telephone number including area code. Then, on the opposite side of your entry, in at least 20 words complete the sentence: “I want to win the LGND 32 Giveaway because…”. Mail your entry in a #10 business-size envelope with first-class postage affixed to: LGND 32 Giveaway, POB 738, Syosset, NY 11791-0738 USA. Your outer-mailing envelope must include a valid return address, which includes a complete first and last name. Mailed entries received without a verifiable and legible return address will be deemed incomplete and invalid. Limit one entry per outer-mailing envelope. Bulk shipments (multiple entries in one shipping package) will not be accepted. Mail-in entry, including outer-mailing envelope must be handwritten. No mechanically reproduced entries or metered mail permitted. Statements contained in a mail-in entry will not be judged but must be unique; Statements must not in any way reflect negatively upon Sponsor, the Promotion or any other person or entity. Mail-in entries must be postmarked by February 11, 2023, and received by February 16, 2023 to be eligible for the random drawing. Each mail-in envelope will count as 10 entries, provided that the mail-in entry complies with the above requirements.
To receive additional entries during an Entry Multiplier offer without making a purchase, follow the instructions for mail-in entries above, and hand write the words “ENTRY MULTIPLIER” in the bottom right-hand corner of the envelope. Your mail-in entry must have a postmark that corresponds to the date an Entry Multiplier is offered and received within 5 days of the offer’s deadline. If an Entry Multiplier offer ends on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day and received within 5 days of the offer deadline. Each mail-in entry received that complies with all the above requirements will receive the applicable number of entries for the respective multiplier that is offered (e.g., 5X = 50 entries). Mail-in entries with the word “LIMITED” or “SUBSCRIPTION” handwritten in the left-hand corner of the envelope will receive 25 entries and are not subject to Entry Multipliers.
Mail-in entries that are not in the format specified above, that are illegible, inaccurate, incomplete, or reproduced via photocopier or otherwise will be considered null and void. Proof of submission does not constitute proof of receipt. Not responsible for lost, late, illegible, mutilated, misdirected, postage-due entries or entries not received by the deadline. All material submitted becomes property of Sponsor and will not be returned. No correspondence will be acknowledged or entered into; requests for confirmation of receipt of mail-in entries will not be acknowledged.
- RANDOM DRAWING: A random drawing to select one Grand Prize winner will be conducted on or about February 17, 2023 from all eligible online purchase, App purchase, and mail-in entries received. The random drawing will be conducted by Marden-Kane, Inc. (the “Administrator”), an independent judging organization whose decisions are final. Odds of winning will depend on the number of eligible online purchase and mail-in entries received.
- WINNER NOTIFICATION: Potential winner will be contacted by email and/or phone by the Administrator and will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, and where lawful, a Publicity Release along with a copy of his/her valid driver’s license; Canadian residents must also correctly answer a time-limited mathematical skill-testing question (without assistance of any kind, mechanical or otherwise); if winner is a US resident, he/she will be required to complete a W-9 Tax form; if winner is a Canadian resident, he/she may be required to complete a WBEN form (collectively “Documents”). All completed Documents must be returned within 3 days (including Saturdays, Sundays and Holidays) of attempted delivery of same. Failure to return required Documents or respond to a notification within the time specified or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate winner will be selected. In the event a potential winner is deemed ineligible, fails to comply with the Official Rules or is unable to claim the prize as specified, the potential winner will be disqualified, and an alternate winner will be selected. Prize award is contingent on eligibility verification and potential winner completing and returning all required Documents. Only three (3) random drawings to select an alternate winner (if necessary) will be conducted, after which the applicable prize will remain unawarded.
SCAM ALERT - Protect yourself from scams. If you are selected as a potential winner in one of our Giveaways, our Administrator, Marden-Kane will contact you via the phone number and the email address you provided on your order/entry form. You will NEVER be asked to provide a credit card, bank information or a payment of any kind as a condition of a prize award. Those are sure signs of sweepstakes scams. We do NOT use social media to contact winners of the Giveaways we offer on www.lgndsupplyco.com. Prize winnings must be reported to the IRS when filing your tax returns, and any federal or state income taxes would need to be paid by you directly to the IRS. For more information, visit http://www.mardenkane.com/scammer-alert and/or Scam Alerts | FTC Consumer Information.
- PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”). All prize values stated in USD: One winner will receive a 2022 GMC Sierra 2500 Denali Duramax valued at approximately $80,000 and $50,000 cash (collectively “Grand Prize”) (total ARV of Grand Prize is $130,000 USD).
Additional prize disclosures - Winner will be solely responsible for any applicable licensing, insurance, title and registration fees and any other expenses not specified herein, including but not limited to costs incurred by winner related to the acceptance, pickup/transport or use of a prize. Winner must agree to pick up prize vehicle at a Sponsor-specified location in the U.S. within thirty (30) days of notification of availability from the Sponsor; failure to take delivery within 30 days of availability could cause prize to be forfeited and awarded to an alternate. Winner must possess required travel documents (e.g., a government-issued ID, passport), as applicable. Winner must have a valid driver’s license which permits operation of prize vehicle in the winner’s state/province/territory of residence and evidence of legally required insurance prior to taking delivery. In the event winner is unable to take delivery of the prize vehicle, winner will be disqualified, and an alternate winner may be selected. Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. No substitution or transfer of prize by winner permitted. The prize vehicle will be awarded “AS IS” without warranty by Sponsor of any kind. Winner acknowledges that Sponsor has not made nor is in any manner responsible for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize offered in this Giveaway, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Vehicle may not meet safety or emissions testing required in some states, provinces, territories and/or counties/municipalities. Winner is responsible to check their state/province/territory/county for applicable emissions requirements and safety inspection requirements prior to accepting prize and must use vehicle in accordance with those regulations. Prize consists of only the item specifically listed as part of the prize.
Winner will be solely responsible for any applicable federal, state and local taxes/duties and any other expenses related to the acceptance and use of a prize not specified herein. The value of the prize is taxable as income; if the Grand Prize winner is a resident of the U.S., the winner will receive an IRS form 1099 for the total value of the prize, as stated herein. In no event will more than the stated number of prizes be awarded.
- RELEASE: Entrants/winner agree to release, discharge and hold harmless Released Parties and their respective successors and assigns from and against any claim or cause of action or liability (including but not limited to, personal injury, death or damage to or loss of property) arising out of participation in the Giveaway or acceptance/receipt/travel to and/or from prize pick up location/use or misuse of the prize, or the use of any photo/video/entry, and agree to be bound by the Official Rules and the decisions of the Sponsor and/or Sponsor’s representatives, which are final. Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winner’s name and/or likeness for purposes of advertising and trade without further compensation, including a winners list, unless prohibited by law. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the prize.
By accepting a prize, winner understands and agrees that they may be videotaped, recorded and/or photographed as part of a prize award ceremony. Rights to any prize ceremony video, audio and/or photo belong solely to the Sponsor and can be used in any media throughout the world in perpetuity and in any manner at Sponsor’s sole discretion, without further review, notice, approval, consideration or compensation to the winner or any third party.
- NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE/APP OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Released Parties are not responsible for faulty, incorrect, undeliverable or mistranscribed phone/e-mail/internet transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Promotion. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. Sponsor reserves the right to cancel or modify the Promotion if for any reason, the Giveaway is undermined by any event beyond the Sponsor’s control, including but not limited to fire, flood, epidemic, labor dispute or strike, act of God or public enemy, or any force majeure event or if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/it’s agencies, in their sole discretion. In the event of termination, a notice will be posted online and a drawing to award the Grand Prize will be conducted from among all eligible entries received prior to termination. The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, epidemic, act of public enemies or any act outside of the Sponsor’s control/force majeure event, will not be considered a breach of these Official Rules. In the event a dispute arises regarding the identity of the entrant, entry will be deemed made by the person whose name appears on the online order form or mail-in entry. Any damage made to the Website by an entrant will be the responsibility of the entrant and/or the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
PLEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION. These official rules contain terms that govern how claims relating to this Promotion will be resolved. For example, they include an arbitration agreement and waiver of a class action that require submitting sweepstakes/giveaway-related claims to an arbitrator (instead of going to court before a judge or jury). They also limit the ability to bring claims on behalf of other persons (that is, it prohibits bringing any class action or collective or representative proceeding). The official rules also limit the type of damages that can be recovered. Please read these terms carefully as they impact your legal rights and, by participating in the Giveaway you are agreeing to the terms.
- CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: This Giveaway is offered only in the 48 contiguous United States, the District of Columbia and Canada (excluding Quebec) and is governed by the laws of the State of Connecticut. By entering, entrants irrevocably consent to the dispute resolutions stated below as well as to the sole and exclusive jurisdiction of the courts of the State of Connecticut located in the county of New Haven for any action, suit or proceeding arising out of or relating to this Giveaway.
- Any dispute or claim between you, on the one hand, and Sponsor or Administrator, their parents, subsidiaries, affiliates, agents, employees, and assigns, on the other hand (“Claims”) will be resolved exclusively by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Further, you will not have the right to participate as a representative or a member of a class of claimants. However, except as excluded in Section 9 (f), an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
- Claims include, without limitation, (1) Claims related to or arising out of any aspect of any relationship between you and Sponsor; or Administrator and (2) Claims relating to the construction, scope, applicability, or enforceability of this arbitration agreement. Claim has the broadest possible meaning and includes disputes based on contract, tort, consumer rights, fraud or other intentional torts, statutes, regulations, common law, or equity. Notwithstanding the foregoing, “Claim” does not include an action solely to enjoin infringement or other misuse of intellectual property rights, which may be filed in court.
- You, Sponsor, and Administrator agree to provide written notice of any Claim and attempt in good faith to resolve the dispute before beginning an arbitration proceeding. Notice to Sponsor shall be sent to the Sponsor’s address noted below. Notice to Administrator shall be sent to the attention of the Compliance Department at the address noted below. If the dispute cannot be resolved within 30 days of providing written notice, any party may initiate an arbitration.
- The arbitration will be administered by JAMS. The JAMS arbitration rules can be obtained at www.jamsadr.com or 1-800-352-5267. The arbitration will be decided by a single arbitrator selected in accordance with JAMS rules. The arbitrator will take reasonable steps to protect proprietary and confidential information. At your or Sponsor’s request, the arbitrator will issue a reasoned written decision explaining the basis for the award.
- No class action, private attorney general, or other representative claims may be pursued in arbitration. Unless agreed in writing, claims of two or more people cannot be joined or consolidated in the same arbitration.
- An arbitration award is limited to actual damages. The arbitration award shall not include statutory damages, disgorgement of profits, lost profits, consequential damages, or punitive damages.
- This Promotion involves interstate commerce and these Official Rules and any arbitration proceedings are governed by the Federal Arbitration Act. Any Claim or other dispute between the parties will be governed by these Official Rules and the laws of the state of Connecticut and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
- WINNERS LIST: The name of the Grand Prize Winner will be announced at lgndsupplyco.com on or about February 24, 2023, or after the Grand Prize winner has been verified.
SPONSOR: LGND SUPPLY CO. LLC, 2344 Foxon Road, Unit 6, North Branford, CT 06471. Mail-In entries will not be accepted at this address.
ADMINISTRATOR: Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416.
Manufacturer of the prize vehicle offered is not a Sponsor or Participant in this Giveaway and no association or endorsement is implied.
Copyright 2022 Marden-Kane Inc. All rights reserved. Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the Entrant’s personal use only.