2023 Hemi Engine Sweepstakes – This sweepstakes is being conducted by the following “Sweepstakes Entities”: the official “Sponsor,” Holley Performance Products, Inc.
OFFICIAL RULES
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING.
1. Sweepstakes Timing: 2023 Hemi Engine Sweepstakes (“Sweepstakes”) begins at 12:01 A.M. Central Standard Time (“CST”) on February 23, 2023 and ends at 11:59 P.M. CST on May 22, 2023 (the “Sweepstakes Period”). The winner will be announced on or around May 29, 2023.
2. Eligibility: The Sweepstakes is open to legal residents of the contiguous United States (with the exception of New York) as well as the District of Columbia who are at least 18 years of age and the age of majority in their jurisdiction of residence as of the date of entry. Employees (and their immediate family members and/or those living in the same household) of Holley Performance Products, Inc. (the “Sponsor”) and its respective parent companies, subsidiaries, divisions, affiliates, service agencies, advertising and promotion agencies (collectively with Sponsor, the “Sweepstakes Entities”) are not eligible to participate or win. All federal, state and local laws and regulations apply. Void where prohibited by law.
3. How to Enter the Sweepstakes: During the Sweepstakes Period, go to Sponsor’s Sweepstakes webpage (https://www.holley.com/win/2023hemienginesweepstakes) and fully complete the requested entry information to enter and submit your entry.
Limit one (1) entry per person per email address during the Sweepstakes Period.
Any individual wishing to enter the Sweepstakes must follow all of the above instructions in order to be considered a valid entrant into the Sweepstakes (an “Entrant”). Should multiple users of the same email account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said email account at the time of entry will be considered the Entrant. The “authorized account holder” is the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Entrants may not enter more than the above stated limit using multiple email addresses, nor may Entrants use any other device or artifice to enter as multiple Entrants more than once. Any Entrant who attempts to enter more than permitted by these Official Rules may be disqualified and will forfeit any and all prizes won, in Sponsor’s sole discretion. Automated Entries are prohibited, and any use of automated devices will cause disqualification
4. Winner Selection: The Grand Prize Winner will be selected by random drawing on or about May 25, 2023 from among all eligible entries received during the Sweepstakes Period. Decisions of Sponsor are final on all matters. Odds of winning a prize depend on the number of eligible entries received.
5. Winner Notification: The potential winners will be notified by phone. The potential prize winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release, which must be received by Sponsor within ten (10) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner of any prize cannot be contacted, fails to sign and return the Affidavit or provide any other requested information within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits his/her prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible Entries. Prizes will be fulfilled within approximately 6 to 8 weeks after the conclusion of the Sweepstakes.
6. Prize, Approximate Retail Value (“ARV”) and Taxes: one (1) Grand Prize: Subject to verification of eligibility and compliance with these Official Rules, one (1) Grand Prize Winner will receive one (1) prize package, which shall include the following:
ONE (1) Gen 3 Hemi 392 Stroker Hot Rod Series Engine, outfitted with Holley components.
Approximate Retail Value of Prize: $23,000.00
Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, which reserves the right to substitute a Prize (or portion thereof) with one of comparable or greater value, at its sole discretion. All Prize details are at the Sponsor’s sole discretion. Winners will not be entitled to a check or cash for the price difference of the Grand Prize and the approximate retail value of the Prize, if any.
The Entrant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
7. As consideration for entering the Sweepstakes, Entrant agrees to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Holley Performance Products Inc. and any other of the Sweepstakes Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, volunteers, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the Released Parties), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes and/or from or relating to any prize they win (including the receipt, ownership or use of the prize). This Release applies even if the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Sweepstakes, Entrant agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or any third party has or might have for any death, injury, damage arising out of, involving or relating to Entrant’s participation in the Sweepstakes, the prize and/or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
8. General Rules: Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted. Sweepstakes Entities are not responsible for, and Entrants release and hold Sweepstakes Entities harmless for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to Entrant’s computer or mobile/wireless device, hardware or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes. In addition, Sweepstakes Entities are not responsible for late, lost, garbled/illegible, corrupted, jumbled, misdirected, damaged, incomplete entries regardless of cause, all of which are void.
The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes, including but not limited to any fraudulent claims, may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys’ fees) from any such person to the fullest extent permitted by law, including criminal prosecution. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to cancel or modify this Sweepstakes and to disqualify any Entrant for any reason, in its sole discretion, including (but not limited to) if, for any reason, the Sweepstakes is not capable of running as planned, whether due to infection by computer virus, bugs, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. If such cancelation occurs, Sponsor reserves the right to select the winners from among all eligible Entries prior to cancellation.
9. Disputes: Entrants/winners agree: (a) to release Sponsor, Sweepstakes Entities, and each of their directors, employees and agents, from any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees or court costs; (c) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants/winner or the Sweepstakes Entities in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to any choice of law or conflict of law rules of provisions (whether of the Commonwealth of Kentucky, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Commonwealth of Kentucky. All entrants consent to the jurisdiction and venue of the courts located in Lexington, Kentucky; and (d) under no circumstances will Entrants/winners be permitted to obtain awards for and Entrants/winner hereby waive 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes material (including but not limited to website content), the details of the Sweepstakes as set forth in these Official Rules shall prevail. Images of prize(s) as shown in any Sweepstakes materials, if any, are for illustrative purposes only. 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 shall be construed in accordance with their terms and if the invalid or illegal provision were not contained herein.
10. Publicity, Data & Marketing: Submission of an entry in the Sweepstakes constitutes permission to the Sweepstakes Entities to use Entrant’s name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this Sweepstakes (whether or not required), including without limitation mailing address, phone number, and email address, during entry constitutes permission for Sweepstakes Entities to use Entrant’s personal information for purposes of administration of the Sweepstakes and for Sweepstakes Entities to add Entrant to Sweepstakes Entities’s customer database and to contact entrant in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy (available at www.Holley.com) or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails). You understand that you are providing your information to Sponsor and the information you provide will only be used in accordance with Sponsor’s Privacy Policy.
11. CLASS ACTION WAIVER:
PARTICIPANT WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE RELEASED PARTIES AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
TO THE EXTENT PARTICIPANT IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST A RELEASED PARTY, PARTICIPANT AGREES THAT: (I) PARTICIPANT SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION; AND (II) IF PARTICIPANT INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS THEY WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
12. No Affiliation: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any entity other than Sponsor.
13. Winners List: To view the list of winners for this Sweepstakes, to be posted on or about the end of the Sweepstakes Period, go to Sweepstakes page on www.Holley.com.
14. Sponsor: The Sponsor of the Sweepstakes is Holley Performance Products, Inc., 1801 Russellville Road, Bowling Green, Kentucky 42101.
