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Auto Detailing Cart Giveaway Official Rules

MAXSHINE AUTO DETAILING CART GIVEAWAY
OFFICIAL RULES

 

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT ENHANCE YOUR CHANCES OF WINNING.

This Giveaway is independent of the other MaxShine Giveaways being offered contemporaneously.  Each Giveaway features its own prizing that is available to be won at different odds of winning. 

  1. Eligibility: The MaxShine Auto Detailing Cart Giveaway (“Giveaway’’) is only open to entrants who, as of August 30, 2024 and throughout the Sweepstakes Period and prize fulfillment period as set forth below, are: (a) natural persons who are legal residents of the United States or the District of Columbia (excluding HI, AK and all U.S. Territories); and (b) at least 18 years of age or older.  Entrants must not be an employee or director, or IRS dependent, immediate family member or individual residing in the same household of, an employee or director, of MaxShine Detailing, LLC, its parent, and any subsidiaries, related and affiliated companies. Void where prohibited by law and subject to all applicable federal, state, provincial, municipal, territorial, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these official rules ("Official Rules") and Sponsor’s, which are final and binding in all matters related to the Sweepstakes. Winning is contingent upon fulfilling all requirements set forth herein.
  2. Sponsor: MaxShine Detailing, LLC, 1470 Moonstone, Brea, CA 92821.
  3. Timing: Giveaway begins at 12:00 AM Pacific Time ("PT") on August 30, 2024 and ends at 11:59 PM PT on September 2, 2024 (“Giveaway Period"). Sponsor's computer is the Giveaway’s official clock.
  4. How to Enter: You must register for the Giveaway initially by visiting maxshineusa.com/giveaway (the “MaxShine USA Website"); standard internet access and usage charges imposed by your online service provider will apply. You may enter the Giveaway by following the links and instructions within the MaxShine USA Website to enter. Once you click where indicated, you will receive one (1) entry into the Sweepstakes. You may receive one (1) entry as described in this Section 5 during the Sweepstakes Period.
  5. General Conditions on Entry: Once submitted, all entries become the exclusive property of Sponsor and will not be acknowledged or returned, nor will any correspondence be exchanged with any entrant. Limit: An entrant may receive up to one entries during the Giveaway Period. Limit one (1) prize per entrant/household during the entire Giveaway Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins, or any other methods, or any use of any micro, robotic, automatic, programmed, or like entry methods is expressly prohibited and will void entrant’s entries and disqualify that entrant from this Giveaway, as well as subject such entrant to disqualification from any concurrent or future promotions offered by Sponsor. AN ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE MAXSHINE USA WEBSITE OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION AS WELL AS RESTRICTION, SUSPENSION OR DISCONTINUANCE OF SUCH PERSON’S PARTICIPATION PRIVILEGES IN THE DMI PROGRAM.
  6. Winner Selection and Odds: The odds of winning the prize depend on the number of eligible entries received (i.e., entries received via Section 5 above) during the Giveaway Period. Sponsor will randomly select the potential winner from among all eligible entries received during the Giveaway Period on or around September 13, 2024. The random drawing will take place at Sponsor’s offices as set forth above.
    The potential winner will be notified by e-mail and/or telephone based on the information included in their entry at the time of the random drawing. It is the sole responsibility of the potential winner to confirm that their email and telephone number associated with their entry is current and up-to-date, and if the potential winner cannot be contacted due to their email and/or telephone number being inaccurate in any respect, such potential winner will be disqualified and Sponsor shall not have any liability of any kind. Before being declared a winner, potential prize winner may be required to execute an Affidavit of Eligibility/Liability & Publicity Release and tax acknowledgment ("Affidavit"), sent with the e-mail notification within five (5) calendar days from the date it is sent. If potential winner cannot be contacted, fails to execute and return all documentation within the required time (if applicable), is found to be ineligible or is non-compliant with the Official Rules for any reason, then the potential winner forfeits the prize and Sponsor may select another potential winner, as time permits. In the event that the potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner selected by a random drawing from among all remaining eligible entries.
    WINNER WILL BE ISSUED A FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE PRIZE AND MUST SUBMIT THEIR SOCIAL SECURITY OR SOCIAL INSURANCE NUMBER, AS APPROPRIATE, AS REQUIRED BY LAW. ALL FEDERAL, STATE, PROVINCIAL, TERRITORIAL, AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER.
  7. Prize and Approximate Retail Values ("ARV"): There will be one (1) prize awarded ("Prize").
    Prize (one [1] winner): one (1)  Prize winner will receive (1) MaxShine Auto Detailing Cart.  ARV of Prize: $1,500 USD.
    All applicable taxes are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the retail value of the Prize. Winner must furnish their social security number as requested in the Affidavit. Winner further agrees to otherwise fully cooperate with Sponsor as to their compliance with governmental tax-reporting requirements.
    Additional Terms and Conditions: Prize is awarded "as is" with no warranty or guarantee, expressed or implied, being provided by Sponsor. Prize may not be declined once awarded to and accepted by the winner. Prize may not be sold, traded, refunded or commissioned, and is not redeemable for cash or transferable, except where allowable by law. No substitutions allowed, except as set forth in these Official Rules and, at Sponsor’s sole discretion, a prize of comparable or equal value may be provided. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern.  In no event will more prizes than are stated in these Official Rules be awarded.
  8. Limitations on Liability: By entering, entrants agree that Sponsor and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively "Released Parties") will have no liability whatsoever, and shall be released and held harmless by entrants, for any injuries, claims, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from the receipt, acceptance, possession, misuse or use of the Prize or Prize related activity, or participation in this Giveaway or participation in any Giveaway-related activity, or entrant’s failure to comply with the Official Rules. The Released Parties shall not be liable to the winner or any other person for failure to supply any prize(s) or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, epidemic or pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Released Parties’ control. The Released Parties are not responsible for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries; or for typographical or other errors in the offer or administration of this Giveaway, including but not limited to: errors in advertising, Official Rules, selection and announcement of winner and fulfillment of the Prize; or for lost, interrupted or unavailable network, server, satellite, Internet Service Provider (ISP), website or other connections, availability or accessibility; or for miscommunications, failed computer, telephone or cable transmissions, lines, or technical failure; or jumbled, corrupted, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind whether human, mechanical, electronic, technical or network; or for the incorrect or inaccurate capture of entry or other information or the failure to capture any such information; or for any misdirection or delay of any e-mail/entry to be received on account of technical problems or traffic congestion on the Internet, MaxShine USA Website, or any combination thereof, including any injury or damage to entrant’s or any other person’s mobile device/computer related to or resulting from participation in or downloading or uploading any materials in connection with the Giveaway; or for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway; or for any personal injury, death, or damage to or loss of property, arising out of receipt or use or misuse of any component of any Prize produced and/or manufactured by a prize provider or other third party. SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF THE PRIZE (OR ANY COMPONENT OF THE PRIZE), INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Should an entry be lost, corrupted or unrecorded for any reason, the sole liability of Sponsor and Administrator is replacement with another entry, if feasible; but, if not feasible, Sponsor and Administrator shall not have any liability for same.
  9. General Conditions: Persons who tamper with or abuse any aspect of the Giveaway (including but not limited to seeking to defraud Sponsor in conjunction with redeeming additional entries as described in Section 6 above) as solely determined by Sponsor, will be disqualified, and Sponsor reserves the right to terminate such entrant's eligibility in this Giveaway and any concurrent or future promotions offered by Sponsor. Sponsor may also disqualify from this Giveaway and any concurrent or future promotions offered by Sponsor any person that acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or for any other good cause reason solely determined by Sponsor. Should any portion of the Giveaway be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Giveaway, and select the winner from eligible entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute, an entry will be deemed made by the authorized account holder of the e-mail address associated with the entry form. The authorized e-mail address account holder is the natural person who is assigned the address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
    Except where legally prohibited, winner grants (and agrees to confirm in writing) permission for the Released Parties to use such winner’s name, photograph, voice, likeness, and/or statements made by, or attributed to the winner in all media now known or hereafter discovered, worldwide, including, without limitation, on the World Wide Web, without notice, review or approval or compensation and in perpetuity.
  10. Disputes/Choice of Law: Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the administration of this  Giveaway, or the awarding of prize/determination of the prize winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS then effective; notwithstanding the foregoing, entrant shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to entrant under applicable federal, state or local law shall remain available to entrant and are not waived pursuant to this section; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this  Giveaway, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased and any and all rights to injunctive relief. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the entrant will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the entrant’s residence and the entrant has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration will allow for the discovery and/or exchange of non-privileged information between entrant and Sponsor. Should an entrant initiate arbitration pursuant to this section, the entrant shall be responsible for the JAMS’s fees to do so (approximately, $250), with all other costs of such arbitration being borne solely by Sponsor. If entrant is a California resident and Sponsor is the prevailing party in such arbitration, such entrant will not be responsible for Sponsor’s costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR’S RULING.  For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon entrants and Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the  Giveaway, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine of California or any other jurisdiction, and all proceedings shall take place in the City of Brea, County of Orange.
  11. Privacy: Information collected from entrants is subject to Sponsor’s Privacy Policy. We encourage you to read this policy, which can be found at https://maxshineusa.com/pages/privacy-policy
  12. Winner’s List: To obtain a listing of the name of the winner of the Sweepstakes, send a properly stamped self-addressed envelope, by October 1 , 2024, to MaxShine’s Auto Detailing Cart Giveaway Winner’s List, 1470 Moonstone, Brea, CA 92821