McFly Giveaway Official Rules

Promotion / Give away Name:

McFly’s Dream Truck, OAS, LLC (OAS), Tacotunes truck giveaway (McFly)

OFFICIAL RULES:

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

ELIGIBILITY: Open to legal residents of the 50 United States, District of Columbia and Canada (excluding Quebec), 18 years of age or older at time of entry. Void in Puerto Rico, Quebec, and where prohibited or restricted by law. Employees, board members, advisory committee members, directors, officers, or agents of OAS their affiliates, subsidiaries, advertising and promotion agencies, or any other suppliers to OAS and the immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and persons living in households of each, whether related are ineligible. All federal, state, provincial and local laws and regulations apply.

ENTRY REQUIREMENTS:

NO PURCHASE OR PAYMENTS ARE NECESSARY TO ENTER MCFLY.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE(S) OF WINNING.

MCFLY IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES, DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC), 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY. THIS GIVEWAWAY VOID IN PUERTO RICO, QUEBEC, AND WHERE PROHIBITED BY LAW.

PROMOTION PERIOD: MCFLY begins at 12:01:00 a.m. Central Standard Time (CST) on 12/23/2018 and ends at 12:01:00. CST on 2/11 2019  (the “Promotion Term”). Award date may vary – depending on final entry count.

HOW TO ENTER:  1) Eligible individuals who make an online purchase at tacotunes.com will receive one (1) McFly entry for each $1.00 spent (example: purchase $50 of product from tacotunes.com and receive 50 entries into McFly. No limit on number of entries received with purchase(s) made on tacotunes.com

2) To enter without making a purchase, submit a hand written (ball point pen-blue ink) 3×5 index card with the following information:

Handwrite your name, address, city, state/province, zip/postal code, e-mail address, telephone number and date of birth on a 3×5 index and mail to:

OAS, LLC

ATTN: McFly

14546 Brook Hollow Blvd #354

San Antonio TX 78232

One 3×5 index card per envelope will be accepted. Envelopes containing more than one 3×5 index card will be destroyed. Mailing information must be handwritten using a blue ink pen and must have a first-class stamp affixed. Metered, automated or computer-generated envelopes will be destroyed.

Mail-in entries must be postmarked by 2/1/2019 and received no later than 2/8/2019. Earn 1 entry per postcard. No limit on number of entries received via the no purchase method of entry (mail-in entries).

Requests for confirmation of receipt of mail-in entries will not be acknowledged. No photo copies, facsimiles or reproductions of mail-in entry will be accepted. OAS is not responsible for late, lost, damaged, stolen, incomplete, illegible, postage due, or misdirected entries. Proof of mailing does not constitute proof of delivery.

TRIPLE ENTRIES:

From December 23, 2018 through December 31, 2018 earn “TRIPLE ENTRIES”. For every $1.00 spent on “Merch Category”, earn 3 entries into the Sweepstakes.

NOTE: TRIPLE ENTIRES APPLIES TO T-SHIRTS, CAPS, MUGS, CUPS, KEYCHAINS, AND STICKERS ONLY! These items MUST BE purchased without other items from our website to ensure you are allotted 3 entries. DO NOT combine “merch category” items with other products listed on our tacotunes.com.

Mail-in entries postmarked December 23, 2018 through December 31, 2018 with the words “TRIPLE ENTRIES” hand written in the bottom left hand side of the envelope will earn TRIPLE entries.

Throughout the Promotion Period OAS MAY announce additional opportunities to earn “TRIPLE ENTRIES”. For every $1.00 spent, earn 3 entries into the Sweepstakes during the specified time. During this specified time, mail-in entries with the words “TRIPLE ENTIRES” hand written in the bottom left hand side of the post card will earn “TRIPLE ENTRIES” if their entry is postmarked on the specified date(s). If the “TRIPLE ENTRIES” offer falls on a Sunday, the mail-in entry post card must be postmarked the Monday immediately following the offer.

All mail-in entries must be received by January 10, 2018 to be eligible to earn TRIPLE ENTRIES.

All information must be complete to be eligible. Personal information collected from entrant is used only for the Sweepstakes and will not be re-used, sold or shared in any manner, unless entrant agrees to receive further information on OAS’ or prize partner’s products and promotions. Use of computer programs and/or other automated devices to enter sweepstakes is prohibited.

DRAWING: A random drawing will be conducted on or about February 23rd, 2019, under the supervision of Red McCombs Toyota, an independent Toyota Dealer, whose decisions are final on all matters relating to this Sweepstakes. Odds of winning a Grand Prize depend on the number of eligible entries received.

PRIZE: Grand Prize: a highly modified off-road use pre-owned 1985 Toyota Pickup known as “McFly”

For more details on the grand prize, please review https://tacotunes.com/mcfly

Approximate Retail Value (ARV) $4,995.00

NOTE: ARV is based on NADA pricing for 1985 Toyota Pickup in excellent condition. In addition, the vehicle is insured with State Farm for a maximum of $4,995. In the unlikely event that “McFly” becomes unavailable due to being stolen, “totaled” or any other unforeseen circumstances BEFORE winner can take delivery. The maximum cash payout is $4,995.00

Total approximate retail value of Grand Prize: $4,995.00

Note, Prize vehicle may not meet safety or emissions testing required in some states, provinces and counties. Winner is responsible to check their state of residence to confirm and must use vehicle in accordance with state/county/province regulations. McFly was designed for off road use. Winner must pickup McFly on trailer or send a transport to pickup the vehicle. McFly has been re-geared for off road use, has window tint that is not street legal and may not be used on public roadways in it’s current state.

PRIZE DETAILS: Grand Prize winner is responsible for registration, license, title and insurance fees and any other expenses not listed related to acceptance and use of prize and must provide a valid driver’s license and evidence of insurance (as required) prior to delivery. Grand Prize vehicle must be picked up at Red McCombs Toyota 13526 West Interstate 10 Frontage Road, San Antonio, TX 78249 no later than April 30, 2019 or will forfeit the prize. In the unlikely even that McFly is not claimed, OAS will at its sole discretion offer McFly in a future giveaway.

OAS will assist/provide temporary documents for Winner to get vehicle to destination. Winner is responsible for all costs and fees associated with picking up prize (including but not limited to airfare, gas, temporary registration, insurance, towing fees, etc.). The prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a purpose). Failure to take delivery within 30 days of availability will cause prize to be forfeited and awarded to an alternate. No substitution or transfer of prize permitted except at the sole discretion of the OAS. Prize Winner is responsible for the payment of taxes on the prize (including tax offset) and for any other costs and expenses associated with the acceptance and use of the prize. OAS reserves the right to substitute prize of equal or greater value at any time during the duration of the Sweepstakes.

NOTE: McFly passed vehicle inspection prior to all the off-road modifications. McFly was designed to be used in an off-road setting. If you plan to use “McFly” on public roadways, the winner will be responsible for having the car inspected for on road use. We do not recommend that McFly is driven on public roadways until a complete safety inspection is performed by a certified mechanic.

GENERAL RULES: Potential Grand Prize Winner will be notified by phone, email or mail on or about March 1, 2019. Potential Grand Prize Winner (or parent/legal guardian if Winner is a minor) will be required to sign and return an Affidavit of Eligibility /Publicity and Liability Release, and W9 (where legal and where required) within three (3) days of notification attempt or prize will be forfeited and an alternate Winner determined at random from among all eligible entries. If any potential Prize Winner is deemed a minor in his/her state or province of residence, prize will be awarded in the name of the Winner’s parent or legal guardian. If the potential Grand Prize Winner does not return the required documents within the stated timeframe, the corresponding Winner will be disqualified, and an alternate Winner will be selected. Should the potential Winner (or any other alternate potential Winner) decide to decline the prize for any reason whatsoever, OAS shall have no further obligation to that potential Winner, and an alternate potential Winner will be selected, if time permits. Taxes related to the prize are the sole responsibility of the Winner. Acceptance of a prize constitutes permission to the OAS and its agencies to use Winner’s name and/or likeness for purposes of advertising and trade without further compensation, unless prohibited by law. By accepting a prize, Winner agrees to hold Releasees harmless against all claims and liability from any accident, loss or injury occurring from this promotion or in any way related to the prize or use/misuse thereof, or while traveling to and/or from a location to obtain or use a prize. No substitution or transfer of prize allowed, except at OAS sole discretion. Releasees shall not be liable for any printing or other errors or for delays in mail service. All entries become the property of OAS and will not be acknowledged or returned. By participating in this promotion, entrants agree to be bound by these Official Rules and the decisions of OAS, which are final and binding. Any questions, comments or complaints regarding the promotion are to be directed to OAS at the address below.

WAIVERS, DISCLAIMERS, RELEASES, INDEMNITY: 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 THERETO.

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 Web sites, or damage to a user’s computer system (hardware or software) due to participation in this Sweepstakes. If OAS 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, OAS 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 https://tacotunes.com . Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the OAS 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 OAS.

CHOICE OF LAW AND JURISDICTION: This Promotion is offered only in the United States (excluding Puerto Rico) and Canada (excluding Quebec) and is governed by the laws of the State of TEXAS. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the State of TEXAS located in the county of BEXAR for any action, suit or proceeding arising out of or relating to this Promotion.

ADDITIONAL RULES RELATED TO RESIDENTS OF CANADA: Potential Canadian Winners will be required to contact us for final giveaway details.

Car (Prize) Manufacturer is not a Sponsor or Participant in this Sweepstakes.

Facebook, Instagram, Twitter are NOT Sponsors or Participants in this Sweepstakes.