Speed Society, LLC.
“Speed Society #35” Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The “Speed Society #35” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America (“USA”) or Canada and shall only be construed and evaluated according to USA law, Canadian law, and applicable state/province law. Do not enter this Sweepstakes if you are not located in the USA or Canada at the time of entry. By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. The for-profit professional fundraiser elements of the Sweepstakes will be solely executed under the authority of Sponsor. Winning the Grand Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
SPONSOR: The Sweepstakes is sponsored by Speed Society, LLC. 4122 Sorrento Valley Blvd Suite 104, San Diego, CA 92121.
ELIGIBILITY: Entrants must be a legal resident of the USA or Canada who has reached the age of majority in their state/province of permanent residence at the time of entry (“Entrant”). Employees of Sponsor, the Administrator, their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this Sweepstakes are ineligible to enter or win. Void in Puerto Rico, U.S. territories, and where prohibited or restricted by law.
FIVE WAYS TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Pacific Daylight Time (“PDT”) on August 27, 2022 and ends at 11:59:59 p.m. PDT on November 9, 2022 (“Sweepstakes Period”). The Sponsor’s computer is the official time-keeping device for the Sweepstakes. Methods of entry are as follows:
1). Online Store Entry: Entrants who purchase online will receive one (1) entry for each $1.00 of merchandise purchased (excluding tax and shipping) in the Speed Society online store (each, an “Online Store Entry”). All online entries must be received by 12:00:01 p.m. PT on November 9, 2022.
2). Car Club Membership:
- #1: Those Entrants who are Speed Society Standard Members prior to the start of the Sweepstakes Period will be automatically entered into the Sweepstakes and receive fifty-five (55) entries.
- #2: New Speed Society Standard Members that properly complete the member registration will receive fifty-five (55) Sweepstakes entries. If you purchase the Enthusiast Car Club Membership at $34.95 you will receive three-hundred-fifty (350) entries.
Limit of one (1) registration per person allowed. All Car Club Member entries must be received by 11:59:59 p.m. PDT on November 9, 2022.
3). Mobile Registration: Entrants will be able to opt-in the Sweepstakes by texting a code provided by Sponsor to 68252 and then visiting https://speedsociety.com (the “Website”) and following the links and instructions to enroll in the sweepstakes. Once Speed Society sweepstakes registration is completed, an entrant can continue the Sweepstakes entry process by following the Sweepstakes links sent via SMS. The registration form will require that each entrant provide his/her full name, mailing address, and email address. A mobile version of the Website is available for those eligible entrants with Smartphone capabilities and access. Entrants will receive twenty (20) Sweepstakes entries by properly opting in. Limit twenty (20) entries per Entrant via SMS opt-in.
4). Social Media: Earn a maximum of twenty (20) additional entries in response to up to ten (10) special posts/videos that will be posted to Instagram throughout the Sweepstakes period: During the Sweepstakes Period LIKE a special post on the Speed Society Instagram page and earn one (1) Sweepstakes entry. Eligible special posts to be identified by Speed Society. Maximum of ten (10) entries per person/handle during duration of Sweepstakes Period.
During the Sweepstakes Period COMMENT on a special post on the Speed Society Instagram page and earn one (1) Sweepstakes entry. Eligible special posts to be identified by Speed Society. Maximum of ten (10) entries per person/handle during duration of Sweepstakes Period.
5). Mail-in: Entrants also have the option to obtain five (5) Sweepstakes entries via mail by legibly hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, and email address, and mailing the card in a handprinted #10 envelope, with proper postage affixed, to: Speed Society “#35" Sweepstakes, PO Box 267, Macedon, NY 14502-0267. Requests for confirmation of receipt of mail-in entries will not be acknowledged. You may submit as many postal entry requests as you wish, but each request must be mailed separately. In the event a postmark date falls on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day.
On the back of the card, in thirty-four (34) words or more, hand write a response to the following question: On the back of the card, in thirty (30) words or more, hand write a response to the following question “Why do you want to win the 2019 Cadillac CTS-V?” All mail-in entries must be postmarked by November 9, 2022 and received by November 14, 2022.
Each mail-in entry received with be worth five (5) Sweepstakes entries. If a mail-in entry is postmarked during a Bonus Entry Period, it will be worth five (5) times the Multiplier as designated by the Sponsor website. Example: 10X Bonus Period would equal fifty (50) entries.
Your mail-in entry must have a postmark date that corresponds to a Bonus Period and be received within five (5) days of each Period’s deadline. In the event a postmark date falls on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day.
NOTE: Mail-in entry card and envelope must be hand printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the ADMINISTRATOR). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted.
All required information must be provided to enter and to be eligible to win. Incomplete entries will be disqualified. Released Parties (defined below) are not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, misdirected, postage-due entries or mail. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.
Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Internet entries must be made by the Entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void.
Throughout the Promotion Period, the Sponsor may announce Bonus Entries on https://speedsociety.com and/or on its social media pages providing opportunities to earn additional entries (“Bonus Entry Periods”). As such, Entrants will receive multiple entries as designated by the Sponsor’s Multiplier from time to time. Example: Earn ten (10) entries (Multiplier) for every $1.00 spent.
NOTE: “ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS PROMOTION IS STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES WITH THE INTENT TO RETURN THESE ITEMS AFTER THE PROMOTION. IF THE SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR ANY OTHER FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY FURTHER SWEEPSTAKES OR PROMOTIONS OFFERED BY THE SPONSOR.”
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by statute.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.
RELEASE OF CLAIMS (CALIFORNIA): Entrant acknowledges that there is a possibility that, subsequent to their involvement with the Sweepstakes and adherence to these Official Rules may discover or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known to them at that time may have materially affected their decision to enter this Sweepstakes. Entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unsuspected claims. Entrants acknowledge that they have read these official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would materially affect his or her settlement with the debtor or released party.”
Entrants expressly waive any and all rights under California Civil Code Section 1542 and under any other federal or state statute or law of similar effect.
DRAWING AND NOTIFICATION: The Prize drawing will be conducted by the Administrator an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes.
- The Grand Prize drawing will also take place on or about November 18, 2022.
Odds of winning the Prize will depend on the total number of eligible entries received during the Sweepstakes Period. The potential Prize Winner will be notified by the Administrator via phone, email and/or USPS mail, or other home delivery service of Sponsor’s choice. Sponsor reserves the right to substitute a prize of equal or greater value.
Fraud Alert - If you are selected as a potential winner of “Speed Society #35” Sweepstakes, you will be contacted by American Sweepstakes Company by phone. Never provide any credit card, bank information or a payment of any kind as a condition of a prize award. Winners are never contacted through social media. You can file a complaint with the FTC at www.Reportfraud.ftc.gov or by calling 877-382-435. All winner announcements are done via only our verified social accounts. Facebook.com/speedsociety with 6.2 million followers and instagram @speedsociety with 1.2 million followers. We will only make the announcement on these channels and it will be a live phone call on the announcement date. That date will be announced by email, text and social!
PRIZE: There will be one (1) Grand Prize awarded.
The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive a pre-owned 2019 Cadillac CTS-V that has an approximate retail value (“ARV”) of $70,000 plus a $20,000 Cash Award. Total ARV- $90,000 (“Prize” or “Grand Prize”).
Prize will be delivered to Winner “As Is.” Any upgrades or other options are at the sole expense of the Winner. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the vehicle including but not limited to its quality, fitness for purpose or mechanical condition. Winner must have proof of a valid U.S. driver’s license from his/her state of residence in the United States to take delivery of vehicle; failure to show same may result in prize forfeiture and selection of an alternate winner. Winner will be responsible for all optional equipment, title, license, insurance and registration fees required in claiming the vehicle, applicable taxes, as well as, all other expenses relating to the use of vehicle, including any travel and transportation costs associated with collecting the vehicle. All other costs not specifically stated herein as being awarded are the responsibility of the winner. Winner must take delivery of vehicle within thirty (30) days of notification from Sponsor. Winner may be required to show proof of insurance prior to taking delivery and pick up vehicle as directed by Sponsor. Pictures display or other representations of any used in connection with this Sweepstakes are not depictions or promises of the Prize which may differ substantially. No substitution or transfer of Prize will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute a Prize with another Prize of equal or greater value. All other expenses associated with Prize acceptance not mentioned herein are the sole responsibility of the Winner.
The value of the Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If actual value of a Prize is lower than the stated ARV when Prize is procured and fulfilled, then the difference will not be awarded. All other expenses associated with Prize acceptance or usage not specifically mentioned herein are the responsibility of the Winner.
NOTE #1: Prize car might not pass smog testing in certain states. Winner should check standards for operation of a vehicle in their state before accepting prize.
NOTE #2: The Grand Prize Winner must travel to San Diego, CA (the “Location”) to take possession of the selected Prize.
NOTE #3: The Grand Prize Winner understands and agrees that the Prize ceremony be videotaped/photographed. Rights to any Prize ceremony video/photo belong solely to the Sponsor and can be used in any media at their sole discretion.
Sponsor is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. Sponsors shall not be liable for any loss or damage to baggage and/or personal property.
PRIZE CONDTIONS: By accepting the Prize, the Prize Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Prize Winner must sign and return to the Administrator, within five (5) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (if U.S. resident) or a Declaration of Compliance (if Canadian resident) (where legal and where required) in order to claim the Prize. Note: The Affidavit sent will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Prize Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Prize Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize (applicable to US Winner only) and is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or prize notification is returned as unclaimed or undeliverable to a potential Winner, if the potential Winner cannot be reached within two (2) business days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
Canadian Winner Only: The selected Entrant must answer correctly without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by mail or telephone. If the selected Entrant fails to correctly answer the question, he/she will be disqualified, and another Entrant will be randomly selected. The potential Winner who correctly answers the skill-testing question will be notified by telephone and/or mail and/or email at the Sponsors’ discretion using the contact information provided at the time of entry. If the potential Winner is determined to be less than the age of majority in his/her province of residence, then the potential Winner will be disqualified, and an alternate Winner will be selected in their place.
ENTRANT’S AGREEMENT: By accepting the Prize, where permitted by law, the Prize Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrant’s release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Grand Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: By entering the Sweepstakes, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) 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 for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law the law of California. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of serving Clearwater, California and Entrants, and the party’s consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNER LIST REQUEST: To request confirmation of the name, city, and state of residence of the Prize Winner, please send a self-addressed, stamped business size envelope, by December 31, 2022, to: ASC/“Speed Society #35" Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram, Facebook or by any prize manufacturer, Sponsor or Participant in this Giveaway with no implied endorsement.
©2022. American Sweepstakes Co., Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of American Sweepstakes Co., Inc.