AJ’s Lodge &Oven
SEA DOO SPARK Giveaway
Official rules
SCAM ALERT: If you are selected as a Winner, you will NOT be required to pay a fee to receive a prize. If you receive a phone call, letter, email and/or a direct message on social media from someone that states you have won a prize and you need to send money before receiving your prize, it is a SCAM. Never release your credit card or banking information. Never wire money from your bank or from a money transfer platform like Zelle or Venmo. Prize winnings must be reported to the IRS when filing your tax returns, and any federal or state income taxes would need to be paid by the winner directly to the IRS.
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- THIS PROMOTION IS VALID ONLY IN THE 50 UNITED STATES (EXCLUDING THE STATES OF AK & HI) AND SHALL BE CONSTRUED ACCORDING TO UNITED STATES LAW.
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- VOID IN THE STATES OF ALASKA, HAWAII.
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- PROMOTION PERIOD: The Giveaway begins on April 10th, 2024, and ends at 8:59 PM ET on July 20, 2024 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.
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- 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.
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- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION WITH NO CLASS RELIEF.
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- ELIGIBILITY: AJ1(the “Giveaway” or “Promotion”) is open only to legal permanent residents of the 50 United States (excluding Alaska and Hawaii) who are licensed drivers and legal age of majority in the state in which they reside.
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- Employees of AJ’s Lodge & Oven (the “Sponsor”), and each of their respective officers, directors and agents (collectively “Released Parties”) and their immediate family members (spouse, parent, child, sibling, and grandparent) and/or those living in the same household of each are not eligible. The Giveaway is void in the states of Alaska and Hawaii. 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.
HERE’S HOW TO ENTER:
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- Physical transaction must take place by 8:59PM ET on July 20th, 2024, to be eligible to receive entries. Online entries must be received by 8:00 PM ET on July 20th, 2024 to be eligible to receive entries.
- Physical transaction must take place by 8:59PM ET on July 20th, 2024, to be eligible to receive entries. Online entries must be received by 8:00 PM ET on July 20th, 2024 to be eligible to receive entries.
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- Purchase or acceptance of a product offer will not improve your chances of winning. No purchase necessary: No Purchase Required Mail-In Method of Entry: To enter without making any kind of purchase, on a plain piece of 3”x5” paper, hand print 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. Mail your entry in a #10 business-size envelope with first-class postage affixed to: AJ Giveaway, 35131 State Hwy M28 Marenisco, MI 49947 USA. 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 envelopes must be handwritten. No mechanically reproduced entries or metered mail permitted. Entries that are postmarked by July 18th, 2024, and received by July 20, 2024 will be eligible for the random drawing.
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- 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. 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.
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- RANDOM DRAWING: A random drawing will be conducted on Saturday, July 20, 2024 from among all eligible purchase and non-purchase mail-in entries received. The drawing will be video taped and the general public is invited to view the drawing.
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- WINNER NOTIFICATION AND VERIFICATION: Prize award is subject to eligibility verification. Potential winner will be notified by email, mail, and/or phone by the sponsor. Potential winner will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and, if legally permissible, a Publicity Release along with a copy of his/her valid driver’s license (expired or suspended licenses are not considered valid); U.S. residents will be required to complete and return a W-9 Tax form (collectively “Documents”). Only three (3) random drawings to select an alternate winner (if necessary) will be conducted, after which the applicable prize will remain unawarded. By accepting a prize, winner understands and agrees that they 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.
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- PRIZE AND APPROXIMATE RETAIL VALUE (ARV). PRIZE VALUE STATED IN U.S. DOLLARS (USD): One (1) Grand Prize – a 2024 SPARK SEA DOO valued at approximately $15,000 and. The total value of the prize offered in this Giveaway is $15,000 USD).
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- Additional Vehicle Prize Disclosures – Winner must agree to pick up the Prize at a Sponsor-specified location in the United States within thirty (30) days of notification of availability from the Sponsor. Failure to take delivery within 30 days of availability could cause prize to be forfeited and awarded to an alternate. Winner must have a valid driver’s license which permits operation of the prize vehicle in the winner’s state/province/ territory of residence and evidence of legally required insurance prior to taking delivery.
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- Winner will be solely responsible for any applicable licensing, insurance, title and registration fees and any other expenses related to the acceptance and use of the Prize not specified herein, including but not limited to any costs incurred by winner relating to the acceptance, pickup/transport or use of the Prize.
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- If winner is a Canadian resident, winner will also be responsible for any/all required documentation and related costs associated with transporting vehicle from the U.S. into Canada. In the event winner is unable to take delivery of the prize, winner will be disqualified, and an alternate winner may be selected. Vehicle is preowned and will be awarded “AS IS” 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 prize offered in this Promotion, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
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- Winner is responsible for checking their state/province/county for any safety and emissions inspection requirements and must use vehicle in accordance with state/province/county regulations.
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- Grand Prize winner bears all risk of loss, damage or theft to their prize after obtaining ownership and Sponsor will not replace it. Photographs of the Grand Prize in any media are for illustrative purposes only and may not be the actual model to be awarded. All details and restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion).
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- Prize consists of only the items specifically listed as part of the prize. The value of the prize is taxable as income; if the winner is a resident of the U.S., the winner will receive an IRS form 1099 for the value of the prize as stated herein. Winner will be 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. Sponsor reserves the right to substitute any portion of a prize with a prize of equal or greater value at its sole discretion. No substitution or transfer of prize by winner permitted. In no event will more than the stated number of prizes be awarded.
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- RELEASE: Entrants/winner agree to release, discharge and hold harmless Released Parties and their respective successors and assigns from and against any claim or cause of action or liability (including but not limited to, personal injury, death or damage to or loss of property) arising out of participation in the Giveaway or acceptance/receipt/travel to and/or from prize pick up location/use or misuse of the prize, and agree to be bound by the Official Rules and the decisions of the Sponsor and/or Sponsor’s representatives, which are final. 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 is 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.
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- NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
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- Released Parties are not responsible for faulty, incorrect, undeliverable or mistranscribed phone/e-mail/internet transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with the Promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Promotion.
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- Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s Internet service provider and/or e-mail client or for insufficient space in user’s e-mail account to receive e-mail. Sponsor reserves the right to cancel or modify the Promotion if for any reason, the Giveaway is undermined by any event beyond the Sponsor’s control, including but not limited to fire, flood, epidemic, labor dispute or strike, act of God or public enemy, or any force majeure event or if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/it’s agencies, in their sole discretion.
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- In the event of termination, a notice will be posted online and a drawing to award the Prize(s) will be conducted from among all eligible entries received prior to termination. The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, epidemic, act of public enemies or any act outside of the Sponsor’s control/force majeure event will not be considered a breach of these Rules.
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- In the event a dispute arises regarding the identity of the entrant, entry will be deemed made by the person whose name appears on the online order form or mail-in entry. Any damage made to the Website by an entrant will be the responsibility of the entrant and/or the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor.
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- Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
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- PLEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION. These 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 Giveaway-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 Giveaway, you are agreeing to the terms.
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- CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: This Giveaway is offered only in the 50 United States (excluding the states of AK, HI and MI), the District of Columbia and Canada (excluding Quebec) and is governed by the laws of the State of Florida. 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 Florida located in the county of Sarasota for any action, suit or proceeding arising out of or relating to this Giveaway. Entrant agrees that whenever you have a disagreement with Administrator or Sponsor arising out of, connected to, or in any way related to the Giveaway, the Official Rules, or the Sponsor’s and/or Administrator’s Privacy Policy, you will send a written notice to the Sponsor (“Demand”).
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- 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 and/or Administrator’s Privacy Policy. Entrant must send the Demand to the following address (the “Notice Address”): AJ’s Lodge & Oven, 35131 State Highway M28, Marenisco, MI 49947 Attention; Legal Department. 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, Administrator, and Sponsor to litigate claims in court and Entrant, Administrator and Sponsor each agree 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 Administrator or Sponsor in any state or federal court. Entrant agrees that if it does sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, Entrant must pay all fees and costs incurred by Administrator and 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.
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- 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 Administrator or 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 Englewood, Florida. Entrant agrees that it will not file a class action or collective action against Administrator or 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 Rules, or the Sponsor’s and/or Administrator’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, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree 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 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. This arbitration provision shall survive conclusion, modification or termination of the Giveaway 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 Giveaway.
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- PRIVACY: Information collected from participants is subject to Sponsor’s privacy policy. Sponsor will provide the personal information provided to enter this Giveaway to a third-party fulfillment company only to administer the Giveaway and verify the winner.
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- WINNERS LIST: The name of the Prize Winner will be announced at www.ajslodgeandoven.com on or about March 20th 2024, or after the prize winner has been verified.
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- SPONSOR: AJ’s Lodge and Oven 35131 State Hwy M28 Marenisco Mi.
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- Manufacturers of prizes offered in this Promotion are not a Sponsor or Participant in this Giveaway and no association or endorsement is implied.
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