Official Giveaway Rules

NO PURCHASE NECESSARY. PURCHASE OR ACCEPTANCE OF A PRODUCT OFFER WILL NOT IMPROVE YOUR CHANCES OF WINNING.

OPEN TO LEGAL RESIDENTS OF THE WORLD AND THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID IN PUERTO RICO, THE PROVINCE OF QUEBEC & WHERE PROHIBITED AND SHALL BE CONSTRUED ACCORDING TO UNITED STATES LAW.

 

  • PROMOTION PERIOD: The Giveaway begins on August 21, 2024 and ends at 11:59:59 PM PST on October 6, 2024 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.

 

  • TWO WAYS TO ENTER:

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    1. VIA ONLINE PURCHASE: Internet connection required. By purchasing direct entries on the Sponsor’s website at mattspears.store during the promotion period. Your purchase transaction must be received by 11:59:59 PM PST on October 6, 2024 to be eligible to receive entries. No limit on the number of entries received with a purchase. By entering via the Website, you consent to receive email communications from the Sponsor. There may be limited time discount codes shared throughout the promotion period on different social media platforms.
    2. NO PURCHASE REQUIRED MAIL-IN METHOD OF ENTRY: To receive one (1) entry without making any kind of purchase, hand write the following on the front of a plain piece of 3”x5” paper, your complete first and last name, street address, city, state/province/territory, zip/postal code, date of birth (mm/dd/yyyy), e-mail address plus daytime telephone number including area code, on the back of the card, in 10 words or more, hand write a response to the following question "What YouTube video would you like to see Matt Spears make?". Insert piece of 3"x5" paper in an envelope and mail to: Stoked LLC PO Box 248 Coeur d' Alene Idaho 83814. Your outer-mailing envelope must include a valid return address, which includes a complete first and last name. Mailed entries received without a verifiable and legible return address will be deemed incomplete and invalid. Limit one entry per outer-mailing envelope. Bulk shipments (multiple entries in one shipping package) will not be accepted. Mail-in entry, including outer-mailing envelope must be handwritten. No mechanically reproduced entries or metered mail permitted. Entries that are postmarked by October 7, 2024 and received by October 13, 2024 will be eligible for the drawing. Each mail-in entry will count as one (1) entry, provided that the mail-in entry complies with the above requirements. Mail-in entries that are not in the format specified above, that are illegible, inaccurate, incomplete, or reproduced via photocopier or otherwise will be considered null and void. Proof of submission does not constitute proof of receipt. Sponsor is not responsible for lost, late, illegible, mutilated, misdirected, postage-due entries or entries not received by the deadline. All material submitted becomes property of Sponsor and will not be returned. No correspondence will be acknowledged or entered into; requests for confirmation of receipt of mail-in entries will not be acknowledged. 

     

    SCAM ALERT - Protect yourself from scams. If you are selected as a potential winner in one of our giveaways, Stoked LLC will contact you via the phone number and/or the email address you provided on your order/mail-in entry form. You will NEVER be asked to provide a credit card, bank information or a payment of any kind as a condition of a prize award. Those are sure signs of sweepstakes scams. We do NOT use social media to contact winners of the giveaways we offer. For more information, visit Scam Alerts | FTC Consumer Information. 

     

    BY ENTERING OR OTHERWISE PARTICIPATING IN THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT REQUIRES YOU TO INDEMNIFY AND RELEASE ALL CLAIMS AGAINST THE RELEASED PARTIES AND TO AGREE TO ARBITRATION WITH NO CLASS RELIEF AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. 

    ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION WITH NO CLASS RELIEF.

      

    • ELIGIBILITY: The Stark Varg Giveaway presented by Matt Spears (the “Giveaway” or “Promotion”) is OPEN TO LEGAL RESIDENTS OF THE WORLD AND THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID IN U.S. TERRITORIES AND WHERE PROHIBITED OR RESTRICTED BY LAW. Employees of Stoked LLC (the “Sponsor”), and their immediate family members (spouse, parent, child, sibling, and grandparent) and/or those living in the same household of each are not eligible. All federal, state, provincial, municipal and local laws and regulations apply. By participating in the Giveaway, entrants agree to be bound by these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.

      • RANDOM DRAWING: The winner of the Giveaway will be selected from eligible entries randomly by a member of Stoked LLC. The winner will be contacted by email and/or phone via the contact information provided at checkout when purchasing entries or via the information written on a mail-in entry. The winner will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, and where lawful, a Publicity Release along with a copy of his/her valid driver’s license (expired or suspended licenses are not considered valid); Canadian residents must also correctly answer a time limited mathematical skill-testing question (without assistance of any kind, mechanical or otherwise); if winner is a U.S. resident, he/she will be required to complete and return a W-9 Tax form (collectively “Documents”). All required Documents must be returned within 3 days (including Saturdays, Sundays and Holidays) of attempted delivery. Failure to return required Documents or respond to a notification within the time specified or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate winner will be selected. Stoked LLC holds no liability for a winner’s failure to receive notices as a result of incorrect or non-functioning contact information. In the event a potential winner is deemed ineligible, fails to comply with the Official Rules or is unable to claim the prize as specified, the potential winner will be disqualified, and an alternate winner will be selected. Prize award is contingent on eligibility verification and potential winner completing and returning all required Documents. Only five (5) random drawings to select an alternate winner (if necessary) will be conducted, after which the applicable prize will remain unawarded.  Prize winnings must be reported to the IRS by U.S. winners when filing your tax returns, and any federal or state income taxes would need to be paid by you directly to the IRS.

      • PRIZE: Grand Prize: One (1) - 2024 Stark Varg Alpha 80hp. The prize vehicle is for Off-Highway USE ONLY; it is not intended for use on open roads and does not meet US standards for street vehicles. 

       

      • PRIZE DETAILS: Prize consists of only the item specifically listed as part of the prize. Winner will be solely responsible for any applicable federal, state, and local taxes/duties and any other expenses related to the acceptance and use of the prize not specified herein. The value of the Prize is taxable as income; if the Grand Prize winner is a resident of the U.S., the winner will receive an IRS form 1099 for the total value of the prize as stated herein. In no event will more than the stated number of prizes be awarded. Winner will be solely responsible for any applicable licensing, insurance, title and registration fees and any other expenses not specified herein, including but not limited to costs incurred by winner related to the acceptance, pickup/transport or use of the prize. The prize is awarded “AS IS” and without warranty by Sponsor of any kind. Winner acknowledges that Sponsor has not made nor is in any manner responsible for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any component of the prize offered in this Giveaway, including but not limited to its quality, mechanical condition or fitness for a particular purpose. 

      • RELEASE: By entering, you agree to release, discharge and hold harmless Stoked LLC and its members from any claim or cause of action or liability including but not limited to, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (1) such entrant’s participation in the Giveaway and/or his/her acceptance, possession, use, or misuse of any prize, (2) electronic or human error which may occur in the administration of the Promotion or the processing of entries. Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winner’s name and/or likeness for purposes of advertising and trade without further compensation, including a winners list, unless prohibited by law. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the prize. By accepting a prize winner understands and agrees that he/she may be videotaped, recorded and/or photographed as part of a prize award ceremony. Rights to any prize ceremony video, audio and/or photo belong solely to the Sponsor and can be used in any media throughout the world in perpetuity and in any manner at Sponsor’s sole discretion, without further review, notice, approval, consideration or compensation to the winner or any third party.

       

      • DISCLAIMERS: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF- POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS (US$5.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF- POCKET EXPENSES NOT TO EXCEED FIVE DOLLARS (US$5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. EACH PARTICIPANT AGREES (I) TO ABIDE BY THE TERMS OF THESE OFFICIAL RULES AND THE DECISIONS OF THE SWEEPSTAKES ENTITIES WHICH ARE FINAL AND BINDING ON ALL MATTERS RELATING TO THIS SWEEPSTAKES, AND (II) TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS OR LIABILITY IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES OR ACCEPTANCE OR USE OF ANY PRIZE INCLUDING, WITHOUT LIMITATION, ANY ACTIVITY RELATED TO.

       

      • INTERNET: Releasees and any Internet access or service providers are not responsible for incorrect or inaccurate entry of entry information, human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, inability to access Websites, or damage to a user's computer system (hardware or software) due to participation in this Sweepstakes. If Sponsor determines, in their sole discretion, that there is any suspected or actual electronic tampering with the Sweepstakes or if technical difficulties compromise the integrity of the Sweepstakes or if any noncompliance with the rules has occurred, Sponsor reserves the right to void the entries at issue and/ or terminate the Sweepstakes and conduct a random drawing to award the Prizes using all eligible, non- suspect entries received in the applicable drawing pool as of the promotion end date. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its end date, notice will be posted at www.grindhardplumbingco.com. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the Sponsor or its agents. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account” holder is the natural person who is assigned to the e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Any online entries submitted by automated means, or third-party, will be disqualified. Entries will not be valid until received by Sponsor.

       

      PLEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION. These Official Rules contain terms that govern how claims relating to this Promotion will be resolved. For example, they include an arbitration agreement and waiver of a class action that requires submitting Promotion-related claims to an arbitrator (instead of going to court before a judge or jury). They also limit the ability to bring claims on behalf of other persons (that is, it prohibits bringing any class action or collective or representative proceeding). The Official Rules also limit the type of damages that can be recovered. Please read these terms carefully as they impact your legal rights and, by participating in the Promotion, you are agreeing to the terms. 

       

      • CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: This Promotion is governed by the laws of the State of Idaho. Sponsor's failure to enforce any terms of these Official Rules shall not constitute a waiver of that or any other provision. By entering, entrants irrevocably consent to the dispute resolutions stated below as well as to the sole and exclusive jurisdiction of the courts of the State of Idaho in a county determined by the Sponsor for any action, suit or proceeding arising out of or relating to this Promotion. Entrant agrees that whenever you have a disagreement with the Sponsor arising out of, connected to, or in any way related to the Promotion, the Official Rules, or the Sponsor's Privacy Policy, you will send a written notice to the Sponsor (“Demand”). Entrant agrees that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before entrant accepted these Official Rules or the Sponsor's Privacy Policy. Entrant must send the Demand to the following address (the “Notice Address”): Stoked LLC PO Box 248 Coeur d' Alene Idaho 83814. Entrant agrees that entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after entrant sends a Demand. If the disagreement stated in the Demand is not resolved to entrant’s satisfaction within 10 business days after it is received, and entrant intends on taking legal action, entrant agrees that it will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of entrant and Sponsor to litigate claims in court and entrant, Sponsor agrees to waive their respective rights to a jury trial or a state or federal judge. Entrant agrees that it will not file any lawsuit against Sponsor in any state or federal court. Entrant agrees that if it does sue in state or federal court, and Sponsor brings a successful motion to compel arbitration, entrant must pay all fees and costs incurred by Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, entrant must provide proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, entrant may file its case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any dispute it has with Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be in the State of Idaho. Entrant agrees that it will not file a class action or collective action against Sponsor, and that entrant will not participate in a class action or collective action against them. Entrant agrees that it will not join its claims to those of any other person. Notwithstanding any other provision in the Official Rules, or the Sponsor's Privacy Policy, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances does entrant, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Sponsor agrees that we will submit all disputes with entrant to arbitration before the Arbitrator. 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’s in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Idaho, without giving effect to any choice of law or conflict of law rules (whether of the State of Idaho or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Idaho. This arbitration provision shall survive conclusion, modification or termination of the Promotion and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of the parties relating to or arising from participation in the Promotion.

      • PRIVACY: Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Giveaway for the purposes of administering the Giveaway and prize fulfillment. By participating in this Giveaway, entrants consent to such collection, use, and disclosure of your personal information. Information collected from participants is subject to Sponsor’s privacy policy. 

      • WINNER: The winner will be announced on Matt Spears’s YouTube channel and/or on mattspears.store on or about October 14.

      To obtain a copy of the winner’s name or a copy of these Official Rules, email your request using the contact form on this website. Requests must be received no later than 30 days after the end of the promotion period.

       

      • SPONSOR: Stoked LLC, PO Box 248 Coeur d' Alene Idaho 83814.

       

      This Promotion is in no way sponsored, endorsed or administered by, or associated with YouTube.