NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. A PURCHASE, DONATION OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS PROMOTION IS INTENDED FOR ENTRY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.
DATES: The “Hot Harley Nights 2021 Sweepstakes” (the “Sweepstakes”) begins at 12:00 a.m. Pacifc Standard Time (“PST”) on Thursday, April 1, 2021, and ends at 11:59 p.m. PST on Friday, June 20, 2021 (the “Sweepstakes Period”). For purposes of these Official Rules, all times are given in PST. The date and time stamp from the Website (defined below) will be the “official computer” and official time keeping device for this Sweepstakes.
ELIGIBILITY: The Sweepstakes is open to permanent legal residents of the Continental United States and the District of Columbia who are eighteen (18) years of age or older (or the age of majority in their respective jurisdiction of residence) at the time of entry (each, an “Entrant”). The Entrant who is selected as the potential grand prize winner (the “Grand Prize Winner”) must have a unique, personal and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the grand prize (the “Grand Prize”). Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “PRIZE CLAIMS” section of these Official Rules. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in the same household, whether related or not) of Philanthropy Promotions, Inc (the “Sponsor”), and each of their respective parent companies, divisions, affiliates, subsidiaries, distributors, advertising and agencies, and any others engaged in the development, production, execution or distribution of this Sweepstakes, including but not limited to the “Independent Administrator” all of the aforementioned collectively referred to as the “Sweepstakes Entities”), are not eligible to participate. The Sweepstakes is subject to all federal, state, and local laws and regulations and is void in Alaska, Hawaii, Florida, Rhode Island, New York, Puerto Rico and other U.S. territories and possessions outside the Continental United States and the District of Columbia, and wherever else restricted or prohibited by law. By entering this Sweepstakes, Entrants indicate their full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of the Sponsor and/or Independent Administrator, which are final and binding in all respects. Winning the Grand Prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: There are two (2) ways to receive entries into the Sweepstakes; (a) via charitable donation (“Donation”), whereby a portion of the funds raised will be distributed through grants to one (1) or several non-profits, including but not limited to Make-A-Wish South Dakota (each, a “Charity” and collectively, the “Charities”); or (b) without making a Donation (the “Alternate Method of Entry” or “AMOE”). Entrants may enter via either of the entry methods listed below. Regardless of the entry method(s) used to obtain entry into this Sweepstakes, there is a total limit of ten thousand and two hundred (10,000) entries per person for the entire Sweepstakes Period.
Sponsor makes no representation, warranty or guarantee of any kind that persons participating via Donation will be eligible to receive any tax deduction or other charitable benefit in conjunction therewith. The availability of any such charitable benefit is a matter solely between Entrant and Charities (and, the only representations made in this regard are those of Charities). Entrants are thereby cautioned to consult with their accountant or other tax professional BEFORE seeking to claim any charitable benefit relative to Sweepstakes participation. Without limiting the foregoing, Entrant understands and agrees that Sponsor is not acting as a professional fundraiser, charitable solicitor or otherwise collecting funds for Charities: AT ALL TIMES, THE ONLY PARTIES TO THE DONATION TRANSACTION ARE THE ENTRANT, ON THE ONE HAND, AND NAME OF CHARITY, ON THE OTHER.
Multiple entries submitted by a single Entrant in the same envelope or exceeding the entry limit above will not be considered eligible. Entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions will be accepted. Sponsor will not verify receipt of entries for Entries. All entries submitted by mail become the sole property of the Sponsor and will not be returned. Sponsor is not responsible for lost, late, misdirected, illegible, or damaged mailed entries.
All entries become the exclusive property of the Sponsor and will not be acknowledged or returned except as provided herein. Entries which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules will be void and will not be entered into the Promotion's prize drawing. Entries made by any other manner not specifically allowed under these Official Rules will not be entered into the Promotion and may result in disqualification of the responsible entrant. You are not a winner until your prize claim is validated and you receive official written notification from the Sponsor or the Promotion Administrator. 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.
In the event an Entrant enters the Sweepstakes via a combination of Donation and the AMOE the maximum number of entries he/she will be allowed is ten thousand (10,000), even if the total number of entries submitted exceeds ten thousand (10,000). In the event of a dispute regarding the identity of the person who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address connected with the email account from which the Donation was sent. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An Entrant may be requested to provide Sponsor with proof that the Entrant is the Authorized Account Holder of the email address associated with the entry. Any attempt by any Entrant to enter this Sweepstakes using multiple/different accounts or any other methods may void the Entrant’s entries and may result in disqualification, at the sole discretion of Sponsor. Use of any automated system to participate in the Sweepstakes is prohibited and may result in disqualification. The Sweepstakes Entities are not responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruptions, deletions, defects, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise. Late entries or entries sent via any other method than those stated above will not be accepted.
WINNING/NOTIFICATION: On or about June 28, 2021, one (1) Grand Prize Winner will be selected from among all eligible entries received during the Sweepstakes Period. The random drawing will be conducted by the Independent Administrator whose decisions are based upon their sole discretion and interpretation of these Official Rules and are final and binding in all respects. Odds of being selected as the Grand Prize Winner are dependent upon the total number of entries received during the Sweepstakes Period. The potential Grand Prize Winner will be notified by the Independent administrator via email within one (1) to three (3) business days from the date in which the random drawing takes place. Grand Prize Winner will be required to complete the prize claims and verification process as further described in the “PRIZE CLAIMS” section below. Independent Administrator will only make two (2) attempts to reach the potential Grand Prize Winner via email. In the event the Independent Administrator cannot reach the potential Grand Prize Winner after two (2) attempts have been made, the original potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner (selected randomly as outlined above) will be notified until one (1) Grand Prize Winner is confirmed.
PRIZE: One (1) Grand Prize package of the Grand Prize Winner’s choice will be awarded. The maximum approximate retail value (the “ARV”, depending on the package chosen) is $43,280. The Grand Prize Winner may choose one (1) of the following Grand Prize packages:
Motorcycle details: The manufacturer suggested retail price (the “MSRP”) of the pre-owned Motorcycle (including all custom upgrades) is $36,000 (Motorcycle color, options and accessories to be determined at the sole discretion of the Sponsor. Grand Prize Winner may change the Motorcycle colors and features, if desired, at his/her sole cost). Grand Prize Winner must have and provide a valid US Driver’s License with a Motorcycle Endorsement (or Motorcycle License, depending on state of residence) and provide proof of existing, applicable Motorcycle Insurance Coverage (Comprehensive or Liability) at time of delivery. Grand Prize Winner is required to comply with all applicable federal, state and local laws, rules and regulations, including but not limited to licensing and insurance requirements. The sales tax, title and licensing of the Motorcycle is the sole responsibility of the Grand Prize Winner. Grand Prize Winner will be solely responsible for any applicable registration, and insurance fees and any other expenses not listed herein related to receipt, possession, acceptance and use of the Grand Prize. Motorcycle Delivery: Sponsor shall not be responsible for delays in availability of the Motorcycle, and final awarding of the Motorcycle is subject to availability. Sponsor however, shall use all reasonable efforts, subject to availability, to award the Motorcycle within ninety (90) days after the Grand Prize Winner is determined. If the Grand Prize Winner resides within ninety (90) miles of the location for which the Motorcycle is stored, he/she shall be responsible for picking up the Motorcycle personally at a mutually agreed upon location closest to the Grand Prize Winner’s permanent legal residence and he/she must present adequate personal identification and evidence of legally required insurance. In such case, the Grand Prize Winner shall be solely responsible for all travel or transportation costs, associated with winning the Motorcycle, except as otherwise provided herein. In the event the Grand Prize Winner resides more than ninety (90) miles from the location in which the Motorcycle is held, the Motorcycle shall be delivered to a mutually agreed upon location within ninety (90) miles from the Grand Prize Winner’s permanent legal residence at the Sponsor’s sole cost. The Grand Prize Winner shall bear all risk of loss or damage to the Motorcycle after it has been delivered to the specified delivery site. The Grand Prize Winner must personally retrieve the Motorcycle within thirty (30) days of written notification of delivery and must present adequate personal identification and evidence of legally required insurance, or the Grand Prize will be forfeited without compensation of any kind, and an alternate Grand Prize Winner will be randomly selected from among all remaining non-winning eligible entries received as outlined in the “WINNING/NOTIFICATION” section above. The Motorcycle will be delivered solely with the express written limited warranties set forth in the Motorcycle’s applicable Owner’s Guide, which warranties shall run for the term set forth in said guide. The depiction of the Grand Prize Motorcycle in any advertising or promotional materials or physical display may not reflect the actual Motorcycle delivered to the Grand Prize Winner. Any difference between the stated MSRP of the Grand Prize and the actual value of the Grand Prize will not be awarded. The Grand Prize is taxable as income and Grand Prize Winner is solely responsible for any taxes on the Grand Prize, including, but not limited to all applicable federal, state and local taxes.
Trip Details: If Grand Prize Winner elects to partake in any or all portions of his/her Grand Prize with no Travel Companion, the Grand Prize will be awarded to Grand Prize Winner based upon the total number of travelers and any remainder of the Grand Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Grand Prize trip must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. If Grand Prize Winner is between the ages of eighteen (18) and twenty-one (21), he/she must be accompanied by an adult of at least twenty-one (21) years of age in order to check into the on-site hotel. Specific travel arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Trip must be taken in accordance with the dates of Hot Harley Nights with departing flight on Friday, July 9, 2021 and returning flight on Monday, July 12 or Grand Prize will be forfeited. Reservations are subject to availability. Trip must be booked at least sixty (60) days prior to intended departure date. ARV of Grand Prize may vary depending upon the points of departure, destination city, ground transportation, and/or airline fare fluctuations. Any difference between the stated ARV and final ARV of Grand Prize will not be awarded. Grand Prize consists only of the elements expressly set forth herein; no other elements or expenses (including, without limitation, insurance, additional meals, unspecified ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, other personal expenses, etc.) are included in the Grand Prize and all such expenses are the sole responsibility of the Grand Prize Winner. Grand Prize Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, baggage fees, inspection charges, and security charges. Grand Prize Winner and Travel Companion are responsible for obtaining all required travel documents, including but not limited to photo identification, passports and any other required travel documents, which shall be determined solely by the Grand Prize Winner. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Sponsor. Grand Prize Winner cannot assign or transfer the Grand Prize to another person. No prize substitution or cash alternative allowed except at the sole discretion of the Sponsor, who reserves the right to substitute the Grand Prize (or any portion thereof) with a prize of comparable or greater value, in their sole discretion. The Sponsor will determine airline and flight itinerary subject to final Sponsor approval. No refund or compensation will be made in the event of the cancellation or delay of any flight. Reservations made are subject to availability and may be restricted during major holiday periods or blackout periods. A personal credit card imprint or cash deposit may be required by the hotel for incidental charges and personal expenses. In the event the personal credit card or cash deposit is required by the hotel selected by Grand Prize Winner, Grand Prize Winner will be solely responsible for supplying such personal credit card and or cash deposit and for all personal expenses / incidental charges not included as part of the Trip
Regardless of the Grand Prize package chosen, the value associated with the Grand Prize is taxable as income and the Grand Prize Winner is solely responsible for any taxes, including, but not limited to, all applicable federal, state and local taxes that become due with respect to the value of the Grand Prize. The Sponsor, or a third party acting on its behalf, may be required to report the value of the Grand Prize to the Internal Revenue Service in the year the Grand Prize is received by the Grand Prize Winner; and, in such case, the value of the Grand Prize will be reported to the Grand Prize Winner and the Internal Revenue Service in the form of a Form 1099 and/or other applicable tax forms. There is a limit of one (1) Grand Prize to be awarded for the entire Sweepstakes. No transfer or substitution of the Grand Prize is permitted, except at Sponsor’s sole discretion or as otherwise provided herein. Grand Prize Winner is solely responsible for all federal, state and local taxes. Except as otherwise set forth herein, Grand Prize will be awarded.
Names of prize manufacturers, venues and talent are used solely for description of the Grand Prize. No sponsorship, endorsement or authorization of prize manufacturers, venues or talent are intended or implied by such use. Depictions of any part of the Grand Prize in any advertising or promotional materials may not reflect the actual Grand Prize awarded to the Grand Prize Winner.
PRIZE CLAIMS: Except where prohibited, the potential Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) and any other documents required by Sponsor, including a Travel Companion waiver (collectively, the “Required Documents”) within seven (7) days or less from receipt of Notification from the Independent Administrator by email. If the potential Grand Prize Winner fails to return the Required Documents within the time period required, or if the email is returned as undeliverable, such potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate will be notified as outlined in the “WINNING/NOTIFICATION” section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. Potential Grand Prize Winner must report income to the IRS. In the event it is deemed during the verification process that the potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Grand Prize, such potential Grand Prize Winner will be disqualified and an Alternate will be notified as outlined above. Valid social security numbers will be determined by IRS requirements. If it is determined by the Sponsor, in its sole discretion, that the potential Grand Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate will be notified as outlined in the “WINNING/NOTIFICATION” section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. In the event that the potential Grand Prize Winner is disqualified for any reason, Sponsor/Independent Administrator shall have no liability or obligation to such individual.
GENERAL RULES OF PARTICIPATION: By participating in this Sweepstakes, Entrants and Grand Prize Winner [a] release each and all of the Sweepstakes Entities, from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt or use/misuse of the Grand Prize awarded, including, without limitation, liability for personal injury, death or property damage; and [b] agree to be bound by these Official Rules and the decisions of the Sponsor/Independent Administrator, which are final in all respects and not subject to appeal. Sponsor reserves the right permanently to disqualify from this Sweepstakes any Entrant or Grand Prize Winner it believes has violated these Official Rules. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning the Grand Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Sweepstakes Entities. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and selected a Grand Prize Winner based on the entries received up to the cancellation, modification, termination, or suspension date. Notification of such action will be provided on the Website. To the fullest extent permitted by law, Entrants covenant not to sue any Sweepstakes Entity or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind any releases. A waiver by one or more of the Sweepstakes Entities of any term in these Official Rules does not constitute a waiver of any other provision. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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.
NO LIABILITY: By participating, Entrants and Grand Prize Winner agree to release, discharge, indemnify and hold harmless the Sponsor, and the Sweepstakes Entities, and each of their respective officers, directors, employees, representatives and agents from and against any claims made by the Grand Prize Winner, Entrants, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or use of the Grand Prize; participation in any Sweepstakes-related activity; or participation in this Sweepstakes.
DISPUTES: Entrants agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or the Grand Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Colorado. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, an Entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Colorado, without giving effect to any choice of law or conflict of law rules (whether of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Colorado.
WINNER’S LIST REQUEST: For the name of the Grand Prize Winner or a copy of these Official Rules, please submit a self-addressed, stamped envelope by June 25 2021, to “Hot Harley Nights 2021 Sweepstakes”, 760 S. Camino Del Rio, Durango, CO 81301.
SPONSOR: Philanthropy Promotions, Inc, a South Dakota 501c3, 2601 W 60th St N, Sioux Falls, SD 57107
This Sweepstakes shall not be published without permission of the Sponsor.