HERO GIVEAWAYS TERMS AND CONDITIONS
HERO GIVEAWAYS - OFFICIAL RULES
Get The Bikes Giveaway
NO PURCHASE OR CONTRIBUTION NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited.
TIMING. Giveaway begins on October 3, 2017, at 10:00 A.M. Eastern Time and ends on May 16, 2018, at 11:59 P.M. Eastern Time.
ELIGIBILITY. Giveaway is open to legal residents of the fifty (50) United States (including District of Columbia) who are eighteen (18) years of age or older at the time of entry, and other countries where permitted by law. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Employees of Hero Giveaways, or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Giveaway and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. Giveaway is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER. There are three ways to enter the drawing. 1). Go to the website https://www.herogiveaways.com and complete the online entry form with your full name, address, phone number, email address, number of tickets desired. Your confirmation and ticket numbers will be sent to the email address provided. Entries must be received by 11:59 P.M. Eastern Time on May 16, 2018. 2). If you wish to order tickets by purchasing and do not have online access, you may call Hero Giveaways at 727-781-0066 Monday - Friday, 9am - 5pm EST, for assistance in placing your order. Entries using macro, robotic script or other forms of automatic entry will be disqualified. Hero Giveaways is not responsible for lost, late, incomplete, unlawful, invalid, unintelligible or misdirected registrations, which will be disqualified. 3). No purchase necessary method: Mail a letter requesting your free entry, including your full name, address, phone number, proof of age (copy of government issued ID), and self-addressed stamped envelope to: Hero Giveaways, 35246 US Hwy 19 N, Unit 175, Palm Harbor FL 34684. One free entry per household. Free entry requests must be received by April 30, 2018.
ODDS OF WINNING. Odds of winning are dependent on the number of entrants. Odds of winning are equal to one divided by the total number of entries.
GIVEAWAY PRIZE. The Grand Prize consists of one 2018 Harley-Davidson® Street Glide Special® valued at $25,999.00, one 2018 Harley-Davidson® Softail® Slim™ valued at $15,899.00, and a supply of “A Year’s Worth of Gas.” For the purposes of the Grand Prize, “A Year’s Worth of Gas” is calculated as the average consumer’s yearly gasoline consumption of 572 gallons (one fill-up purchase per week per bike x 11 gallons of gasoline per purchase x 52 weeks) at an average present-day cost of $2.54 / gallon (consistent with the U.S. Department of Energy statistics for regular grade gasoline as of 09/25/2017 (572 x 2.54 = $1,452.88). Fluctuations in gasoline prices after this date will not affect calculation of the prize amount. This portion of the Grand Prize will be rounded up to the next one hundred dollars and be awarded in the form of fifteen (15) $100.00 gas cards. Prize is subject to change at Sponsor's discretion. With respect to the motorcycles, the manufacturer's limited warranty shall apply and no other warranty, representation or guarantee is provided to the Winner. No cash equivalent as a substitute for any prize will be offered, and no substitution will be made except as provided at the Sponsor's sole discretion. All applicable federal, state, and local taxes associated with the prize are solely the responsibility of the Winner. Winner will be required to present a valid driver's license and proof of insurance before the motorcycles will be awarded. All other expenses not specified and related to the acceptance and use of the motorcycles are the Winner's sole responsibility.
WINNER SELECTION AND NOTIFICATION. The Potential Winner of the Grand Prize will be selected in a random drawing from among all eligible entries. The drawing will be conducted on or about May 22, 2018, and the Potential Winner will be verified as eligible and notified within three (3) days of the drawing. Potential Winner will be notified using the contact information provided by them as part of the Giveaway entry. If the Potential Winner cannot be successfully contacted within three (3) days of the conducted drawing, the Potential Winner will forfeit the prize. THE POTENTIAL GIVEAWAY WINNER IS SUBJECT TO VERIFICATION BY HERO GIVEAWAYS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. The name of the Winner will be announced on May 24, 2018. https://www.HeroGiveaways.com.
VERIFICATION OF POTENTIAL WINNER. The Potential Winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The Potential Winner will be notified within three (3) days of the drawing. The Potential Winner will be required to sign and return to Hero Giveaways, within seven (7) days of the date notice is postmarked, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim their prize if applicable. If the Potential Winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, Potential Winner forfeits prize. In the event that the Potential Winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
PRIZE DELIVERY. The Grand Prize will be stored by Sponsor in Palm Harbor, Florida, and arrangements will be made directly with the Grand Prize Winner to receive the prize once the Winner has been verified. The Grand Prize Winner will be responsible for all fees and costs associated with delivery of the prizes, which may include shipping and transportation of the vehicles and /or transportation for the Winner to pick up the Grand Prize from the facility in Palm Harbor, Florida.
ENTRY CONDITIONS AND LIABILITY RELEASE. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Giveaway; (b) release and hold harmless the Sponsor and its respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Giveaway, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Giveaway, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including any/all attorneys fees) arising out of or relating to an entrant's participation in the Giveaway and/or entrant's acceptance, use or misuse of prize.
PUBLICITY. Except where prohibited, participation in the Giveaway constitutes Winner consent to Sponsor's and its agents' use of Winner name, likenesses, photographs, voices, opinions and/or hometowns and states for promotional purposes in any media, worldwide, without further payment or consideration.
GENERAL CONDITIONS. Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or any other Giveaway or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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 provision.
LIMITATION OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Giveaway or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Giveaway, provided that if it is not possible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.
DISPUTES. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded, other than those concerning the administration of the Giveaway or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Florida State Court located in Tampa, Florida; (iii) 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 (iv) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
PROMOTION SPONSOR. Giveaway is sponsored by Hero Giveaways, which is located at 35246 US Hwy 19 N, Unit 175, Palm Harbor FL 34684. Harley-Davidson® Motor Company is not endorsing, sponsoring or otherwise affiliated with this promotion.
GIVEAWAY RESULTS. For Giveaway results send a hand-printed, self-addressed, stamped envelope to Hero Giveaways, 35246 US Hwy 19 N, Unit 175, Palm Harbor FL 34684. Requests for the winner list must be received by May 20, 2018. Vermont residents may exclude return postage.
HERO GIVEAWAYS - MERCHANDISE USER AGREEMENT AND POLICIES
WHAT THIS AGREEMENT COVERS. This Agreement governs your use of the website, Herogiveaways.com. You understand that by using Herogiveaways.com, you have agreed to the terms and conditions of this Agreement and you agree to use the herogiveaways.com website, solely as provided in this Agreement.
INTELLECTUAL PROPERTY RIGHTS OF HEROGIVEAWAYS.COM AND THIRD PARTIES. Herogiveaways.com is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Herogiveaways.com Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Herogiveaways.com. Hero Giveaways is the owner of the Herogiveaways.com trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by Herogiveaways.com By using the Herogiveaways.com Site, you agree to comply with any restrictions or conditions imposed on the use and access of Herogiveaways.com.
ANTI-SWEAT SHOP POLICY. Herogiveaways.com supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. Herogiveaways.com relies upon referrals, reputation and, in some cases, personal inspections to identify such vendors.
PAYMENT POLICIES. By purchasing a T-Shirt, the customer agrees to accept and pay in full the amount of the Grand Total generated from their T-shirt selection. Once the product has been shipped and/or received, the buyer cannot cancel payment. If the buyer is dissatisfied with their purchase, they may return the T-Shirt to us for a refund. A refund will only be issued if the shirt has not been washed, damaged or tags removed. Our address to return merchandise is: 35246 US Hwy 19 N, Unit 175, Palm Harbor FL 34684. Fraudulent use of credit cards will not be tolerated and will be actively persecuted to the full extent of the law. Herogiveaways.com accepts online or telephone payment via credit card, debit card, PayPal, or mailed check. All payments sent electronically are securely transmitted.
SHIPMENT/DELIVERY TIMES. Herogiveaways.com merchandise orders are generally delivered within 10 business days. Delivery times may vary during holidays. Customers who are concerned about delivery times should contact a Service/Sales Representative at 727-781-0066, or email email@example.com. Customers that cancel their payment due to concern over shipping times will be responsible for payment of merchandise in full, upon delivery. Failure to pay for merchandise received will be considered fraudulent activity and will be actively persecuted to the full extent of the law.
RETURNS POLICY. Herogiveaways.com goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, Herogiveaways.com accepts returns and will refund payment if and when customers are disappointed by Herogiveaways.com merchandise. (see merchandise returns procedure in Payment Policies).
LIMIT OF HEROGIVEAWAYS.COM RESPONSIBILITY. In no event will Herogiveaways.com be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Herogiveaways.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.