ECS Tuning “Customer Appreciation” Instant Win Game & Sweepstakes (the “Promotion”)
No Purchase or Obligation Necessary to Enter, Win or Claim a Prize.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ECS Tuning “Customer Appreciation” Instant Win Game & Sweepstakes (the “Promotion”) is sponsored by ECS Tuning (the “Sponsor”) and administered by Marden-Kane, Inc. (the “Administrator”). For the purposes of the Promotion, the “Promotion Group” is composed of the Sponsor and the Administrator, together with their affiliates and related companies, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Promotion, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Promotion and their respective officers, directors, employees, agents, and other representatives.
The Promotion starts on November 19, 2018 at 9:00:00 a.m. Eastern Time (“ET”) and ends on January 4, 2019 at 11:59:59 p.m. ET (the “Promotion Period”).
All participants must (a) be at least 18 years of age or older or the age of majority in their jurisdiction of residence, whichever is older, (residents of Alabama or Nebraska must be at least 19 years old; residents of Mississippi must be at least 21 years old), at the time of entry; (b) possess a valid form of identification; and, (c) be a legal resident of one of the 50 United States, the District of Columbia, (excluding residents of overseas military installations and other U.S. territories) and Canada (excluding Quebec). Persons identified as “Blocked Persons” or persons subject to applicable sanctions prohibitions, including, without limitation, those persons listed on the U.S. Department of Treasury Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List are not eligible to participate in the Promotion. All applicable federal, national, state, and local laws and regulations apply. Void where prohibited, restricted or where Promotion would be subject to a tax by law. Excluded from eligibility are officers, directors, employees, agents and representatives of Promotion Group, each of its respective parent, affiliated or related companies, agencies, suppliers of the materials and services related to this Promotion, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives ( collectively above, the “Eligibility Criteria”).
How To Enter:
Method of Entry 1 (Instant Win Game and Sweepstakes): Go to www.ECSTuning.com any time during the Promotion Period and follow the on-screen instructions: The first time you visit the site you will need to complete the registration form by providing the information required, including your email address, first and last name, address, city, state/province, zip code/postal code, phone number and vehicle information (year, make model and sub-model); agree that you are 18 years of age or older at time of entry and accept the terms and conditions of these Official Rules, click the submit button. Once you click the submit button you will automatically be served an Instant Win Game Play and receive one (1) automatic entry into the sweepstakes.
Method of Entry 2 (Sweepstakes only): Eligible individuals who go to www.ECSTuning.com any time during the Promotion Period and make an online purchase will automatically receive one (1) Sweepstakes entry for every $1.00 spent (example: purchase $42 from www.ECSTuning.com and receive 42 entries into the Sweepstakes). No limit on number of entries received with a purchase on www.ECSTuning.com. ECSTuning Gift Card purchases are not eligible to receive entries.
Method of Entry 3 (Sweepstakes only): Eligible individuals who wish to enter the Sweepstakes without purchase, go to https://promotions.mardenkane.com/ecstuning/Amoe/ and complete the required form during the Promotion period. All fields must be complete to be eligible. Earn ten (10) entries per completed form. No limit on the number of forms completed/entries earned. Personal information collected from entrant is used only for the purpose of the Sweepstakes and will not be re-used, sold or shared in any manner, unless entrant agrees to receive further information on Sponsor’s or prize partner’s products and promotions. Use of computer programs and/or other automated devices to enter sweepstakes is prohibited.
There are (225) Instant Win Prizes and Three (3) Sweepstakes Prizes to be won during the promotion period (see promotion period above). There is a limit of three Instant Win game plays per person/email address per day. All instant win prize claims are subject to verification, confirmation and compliance with these Official Rules. Any unclaimed prizes will not be awarded.
Entries made with multiple e-mail addresses, under multiple identities or through the use of any agent or other device or artifice to enter multiple times will be deemed invalid. Multiple Game participants are not permitted to share the same email address. Mechanically reproduced, illegible or incomplete entries will not be eligible. All entries must be submitted in the name of an individual person and prizes can only be awarded to the person whose name is listed on the entry. Sponsor assumes no responsibility for incorrect or inaccurate entry information, human error or technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any computer equipment or software, or any combination thereof, or for lost, stolen, late or misdirected entries. All entries become the property of the Sponsor, and will not be acknowledged or returned. By entering the Promotion, entrants agree to the use by Sponsor and its designees of their names and photographs/likenesses for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet) without additional compensation except where prohibited by law. Upon request, Winners agree to consent to such in writing.
Winner Notification and Verification:
Instant Prize Winners: Daily Instant Win Prize Winner(s) will receive an immediate message indicating they have won an instant prize as part of the game play. In addition to an online confirmation, Winners will receive a prize confirmation email to the email account they used to enter the Promotion. Daily Instant Win Prize Winners will receive their prize (uploaded to Winners ECS account) within 1-2 business days following verification of eligibility and confirmation of winning game play.
Sweepstakes Prize Winners: Sweepstakes Winners (One (1) Grand Prize, One (1) Second Prize and One (1) Third Prize) will be selected in a random drawing on or about January 9, 2019 by Marden-Kane, Inc., an independent judging organization from among all eligible entries received. The potential Sweepstakes Winners will be contacted via e-mail by Marden-Kane Inc. on or about January 11, 2019. When a potential Winner accepts the prize, he/she will receive written confirmation via email, and will be required to complete and sign an Affidavit of Eligibility and Liability Release; where legal, a Publicity Release; and IRS Form W-9, all of which must be returned within 48 hours from prize notification date or the prize will be forfeited and awarded to an alternate potential Winner. Winner may also be required to furnish his/her social security number that will be used only for the purpose of reporting the Winner’s prize earnings to the Internal Revenue Service, as required by law. Failure to timely return any documents requested, return of prize notification as undeliverable, or noncompliance with these Official Rules will result in such potential Winner being disqualified. Sponsor shall have no further obligation to that potential Winner, and an alternate Winner will be selected.
Sweepstakes: One (1) Grand Prize: $10,000 ECS Gift Card ($10,000 credit to be uploaded into winners ECS account upon completion and confirmation of clearance documents (as stated above). Retail Value (“RV”): $10,000.00. Note: Grand Prize Winner may take a cash alternative of $5,000 in lieu of the $10,000 ECS Gift Card. One (1) Second Prize: $2,500 ECS Gift Card ($2,500 credit to be uploaded into winners ECS account upon completion and confirmation of clearance documents (as stated above). Retail Value (“RV”): $2,500. One (1) Third Prize: $1,000 ECS Gift Card ($1,000 credit to be uploaded into winners ECS account upon completion and confirmation of clearance documents (as stated above). Retail Value (“RV”): $1,000. Total ARV of all Sweepstakes Prizes: $13,500.
Instant Prize Winners: Two Hundred and Twenty Five (225) Prizes: 225 $20 ECS Gift Cards ($20 credit to be uploaded into winners ECS account within 1-2 business days of winning), Gift cards subject to certain terms and conditions as specified by issuer. Total ARV of all Instant Win Prizes: $4,500.
No cash equivalents, transfers or substitution of prizes permitted except at the sole discretion of the Sponsors, who reserve the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Winner is responsible for the payment of all taxes on the prize. The odds of winning a Daily Instant Win Prize depends on the total number of eligible game plays. The odds of winning the Grand Prize depend on the total number of eligible entries received. In no event will more prizes be awarded than those listed in these Official Rules.
Total ARV of all prizes is: $18,000.00.
Conditions of Entry:
Use of any automated entry software is prohibited. Electronically reproduced, mechanically reproduced, illegible, incomplete or inaccurate entries are void. By participating, participants agree to comply with these Official Rules including all eligibility requirements. In case of a dispute as to the owner of an online entry, online entry will be deemed to have been submitted by the authorized account holder from which the entry is made. Sponsor and its parent companies, affiliates, subsidiaries, divisions, advertising and Promotion agencies, Marden-Kane, Inc., and all of their officers, directors, shareholders, employees, and agents, (collectively “Releasees”) are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, inability to submit the online enrollment form, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this promotion, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Administrator’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Promotion, or if technical difficulties compromise the integrity of this Promotion, the Administrator reserves the right to void any entries at issue and/or to suspend, modify or cancel or terminate this Promotion, in whole or in part, at any time without notice and award the prizes in a random drawing from among all non-suspect eligible entries received as of the termination date. Caution: Any attempt by a participant or any other individual to deliberately damage any online service or web site or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.
Limitation of Liability:
By participating in the Promotion, entrants agree to release, indemnify and hold harmless Releasees and each of their respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Promotion or acceptance, possession, use, misuse or nonuse of the prize that may be awarded. This Promotion and these Official Rules shall be interpreted in accordance with the laws of the State of Ohio without regard to its principles of conflicts of law. Jurisdiction and venue shall be solely within the State of Ohio. Releasees are not responsible for technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes or in any Promotion related materials; or for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, undelivered, delayed or illegible entries or; for electronic, computer, or telephonic malfunction or error, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, or process any transaction thereon. If in the Sponsors’ opinion, for any reason this Promotion is not capable of running as planned, or there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer viruses, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsors reserve the right at their sole discretion to disqualify any individual (and void his/her entry and/or prevent him/her from future game play) who tampers with the entry process and/or who is acting in violation of these Official Rules, to modify or suspend the Promotion, or to terminate the Promotion and at Sponsor’s discretion conduct a random drawing to award the prize using all eligible non suspect transactions and entries received as of the termination date. As a condition of entering the Promotion, entrants agree that: a.) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; b.) all causes of action arising out of or connected with this Promotion, or the prizes awarded, shall be resolved individually, without resort to any form of class action; and c.) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event shall entrant be entitled to receive attorneys’ fees or other legal costs. Sponsor reserves the right to modify prize award procedures at their discretion.
Choice of Law and Jurisdiction:
This Promotion is governed by the laws of the State of Ohio. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the State of Ohio for any action, suit or proceeding arising out of or relating to this Promotion.
Rules specific to Canadian Residents:
Potential Canadian Winners will be required to correctly answer a time limited mathematical skill testing question administered by mail or telephone prior to award of any prize.
Information collected from participants is used only for the purpose of the prize drawing and to notify Winners, and will not be re-used, sold or shared in any manner by Sponsor or any third parties unless entrant has opted-in to receive additional information and promotional material from Sponsor or a third party. Once the Promotion, including any known or unknown extensions of the Promotion, has ended, all information supplied by entrants will be removed from the database.
To request the list of winners, send an e-mail with subject line: "ECS Customer Appreciation Promotion" to email@example.com. Requests must be received no later than January 31, 2019. The list will be sent when the drawing has been conducted and the winners verified.
Sponsor: ECS Tuning, 1000 Seville Road, Wadsworth, OH 44281.
Promotion Administrator: Marden-Kane, Inc., 575 Underhill Blvd, Suite 222, Syosset, NY 11791.
©Copyright 2018 Marden-Kane Inc. All rights reserved. Participants are hereby authorized to copy these Official Rules on the condition that it will be for the participant’s personal use only.