SEMA TOYS FOR CHRISTMAS SWEEPSTAKES
TERMS & CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Apex Customs Toys for Christmas (the "Sweepstakes") is open to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty (21) years old at the time of entry. Employees of Apex Customs, LLC. and other companies associated with the promotion of the Sweepstakes, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations.
The Sweepstakes is sponsored by Apex Customs, LLC., located at 1522 W Todd Dr, Suite C104, Tempe, Arizona 85283.
3) Agreement to Official Rules
Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4) Sweepstakes Period
The Sweepstakes begins on December 05, 2020 at 9:00am MST and ends on December 21, 2020 at 5:00 pm MST (the "Sweepstakes Period"). Entries that are submitted before or after the Sweepstakes Period will be disqualified. Submissions will be accepted for the duration of the Sweepstakes using any of the following methods: On-Site, Online, Mail.
5) How to Enter
On-Site: Donate wrapped or unwrapped gifts for kids of all ages at one of Apex Customs two locations between the hours of 10:00am and 6:00pm MST. Monday through Friday. Gifts must be dropped off no later than December 21, 2020 at 5:00pm MST.
1522 W Todd Drive
Tempe, Arizona 85283.
On-Site Entrants will receive one (1) entry into the sweepstakes for every gift valued at five ($10) or more. For example, if you donate five (5) gifts valued at ten dollars ($10) each, you will receive five (5) entries into the sweepstakes. Value of gifts subject to verification of purchase receipt if requested. If no purchase receipt is provided at the time of gift submissions, Apex Customs reserves the right to reject the gifts for submission into the sweepstakes.
Apex Customs, LLC. is a for-profit business and makes no representations expressed or implied that any donation to the SEMA’s Toy’s for Christmas Sweepstakes are tax-deductible.
Online Entrants will be available by visiting our website (www.apexcustoms.com/toydrive) and following the directions provided to make a monetary donation to our PayPal account.
Online entrants will receive one (1) entry into the sweepstakes for every ten dollars ($10) donated to the PayPal Christmas gift fund. For example, if you donate fifty dollars ($50) to the PayPal Christmas gift fund, you will receive five (5) entries into the sweepstakes.
Apex Customs, LLC. is a for-profit business and makes no representations expressed or implied that any donation to the PayPal’s Toy’s for Christmas Sweepstakes are tax-deductible.
Mail Entrants: Mail a letter with your full legal name, email address, telephone number, and the words Apex Customs Toy Entry Submission in a self-addressed stamped envelope to the address noted below. Mailed submissions must be received no later than December 21, 2020, at 5:00 pm MST to be entered into the sweepstakes. No purchase or donation required for submissions into the contest via mail.
1522 W Todd DrIVE
Tempe, AZ 85283
Mail entrants will receive one (1) entry into the sweepstakes for each mail submission received by Apex Customs no later than December 21, 2020. For example, if you mail five separate self-addressed stamped envelope to the address listed above, you will receive five (5) entries into the sweepstakes.
Limit five hundred (500) entries per person, per email address, and per household for the duration of the Sweepstakes Period, regardless of method of entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void. All entries become the property of the Sponsor and will not be acknowledged or returned. Proof of submission does not constitute proof of receipt. If applicable, inaccurate, lost, late, misdirected, or incomplete or entry forms that have been tampered with will be disqualified. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider, carrier, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning the email addresses for the domain associated with the submitted email address.
6) Prize Drawing
On or about December 25, 2020, the Sponsor will select potential winners in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner via telephone or email on or about December 25, 2020. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries.
7) Winner Notification
The potential winners will be notified by email, mail, or phone. Each potential Grand and First Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted or fails to submit the Declaration of Compliance within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits the prize. If the potential winner is at least 21 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winner's behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. 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. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes. Winner and the travel companion(s) of Winner must execute a Publicity/Liability Release prior to booking
8) Prize & Approximate Retail Value
The selected winner of the Apex Customs SEMA Toys for Christmas contest will receive the following:
1) $500 gift card to Apex Customs. Redeemable for any of our services and/or products. Gift card must be used between January 1, 2020, and December 31, 2021.
Total approximate retail value (“ARV”) of Prize: $500, which includes Taxes and Fees. Any unused portion(s) of the prize package will be forfeited.
9) General Conditions
In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the Prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The 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 Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person 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.
10) Conditions of Participation
Expenses not specifically included in prize description and all taxes are the sole responsibility of the Winner. Each prize is awarded “as is” with no warranty or guarantee, either express or implied. No transfer, assignment, or substitution of a prize permitted, except Sponsor reserves the right to substitute the prize for an item of equal or greater value in the event an advertised prize is unavailable. The Winner is required to comply with any and all applicable federal, state, provincial, and local laws, rules, and regulations. All federal, state, and local taxes and any other costs not specifically provided for in these Official Rules are solely the Winner’s responsibility. If the actual retail value of any Winner’s prize is $600 or more, the Winner must complete a W9 form and supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of the Winner for the actual value of the prize received. Sponsor shall have no responsibility or obligation to the Winner or potential Winner who is unable or unavailable to accept or utilize prize as described herein. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Sweepstakes. The winner may be required to sign and return an Affidavit of Eligibility, a Liability Release, and where legally permissible a Publicity Release within five (5) days following the date of first attempted notification, or prior to booking of the trip, whichever comes first. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate Winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate Winner. Winner hereby further agrees that it will sign any documents necessary to transfer copyright of his/her submitted entry, if applicable, to Sponsor within two (2) days following the date of first attempted notification. Additionally, acceptance of the prize by Winner constitutes permission for Sponsor and any affiliates and subsidiaries, participating advertising and promotion agencies, and prize suppliers to use Winner’s name and/or likeness and biographical material for editorial, advertising, and promotional purposes without additional compensation unless prohibited by law.
11) Release and Limitations of Liability
By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the "Released Parties)" from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d)application downloads, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Sweepstakes-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Party's liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the entrant be entitled to receive attorney's fees. Released Parties are also not responsible 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 Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Arizona. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrants rights, and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Arizona, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Arizona.
13) Waiver of Jury Trial Alternative Dispute Resolution
Except where prohibited, each entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded, whether tortious or contractual in nature, shall be subject to mandatory mediation in front of a mutually agreeable mediator. In order to invoke mediation, the complaining party must send the other party demand for mediation, along with three suggested mediators. The responding party must respond to the mediation request within thirty (30) days with an agreement to utilize one of the suggested mediators or three alternative suggested mediators. Thereafter, the complaining party will have fifteen (15) days to agree to one of the responding party's suggested mediators. If the parties cannot agree upon a mediator, the responding party will select one of the complaining party's mediators to appoint an alternative mediator. All mediators shall be neutral and disinterested as to the parties In the event that mediation is unsuccessful, any and all disputes between Apex Customs and Customer arising out of and/or relating to this agreement and the relationship between them, whether tortious or contractual in nature, shall be subject to private binding arbitration. In order to invoke arbitration, the complaining party must send the other party a demand for arbitration, along with three suggested arbitrators. The responding party must respond to the arbitration demand within thirty (30) days with an agreement to utilize one of the suggested arbitrators or three alternative suggested arbitrators. Thereafter, the complaining party will have fifteen (15) days to agree to one of the responding party's suggested arbitrators. If the parties cannot agree upon an arbitrator, the responding party will select one of the complaining party's arbitrators to appoint an alternative arbitrator. All arbitrators shall be neutral and disinterested as to the parties.
14) Winner List
To request the name of the winner send a self-addressed, stamped envelope to Apex Customs
1522 W Todd Drive
Tempe, AZ 85283
Winner List requests will only be accepted after the promotion end date (listed above). For the Winner List, you can also send an email.