YEAR OF THE BEAST
Presented by TACOMABEAST
THIS PROMOTION IS VALID ONLY IN THE 48 CONTIGUOUS UNITED STATES (EXCLUDING AK & HI)
& THE DISTRICT OF COLUMBIA AND SHALL BE CONSTRUED ACCORDING TO UNITED STATES LAW.
VOID IN AK, HI & WHERE PROHIBITED.
DO NOT PARTICIPATE IN THIS GIVEAWAY IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
NO PURCHASE NECESSARY. PURCHASE OR ACCEPTANCE OF A PRODUCT OFFER WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: Participation in TACOMABEAST’s Year of the Beast (the “Giveaway” or “Promotion”) is limited to legal residents of one the 48 contiguous United States (excludes residents of AK and HI) or the District of Columbia, who are licensed drivers and legal age of majority in their state of residence. Employees of TACOMABEAST (the “Sponsor”), CBI Offroad, Prinsu Design, their parents, affiliates, subsidiaries, advertising, promotion partners, including Marden-Kane, Inc., and internet agencies, and each of their respective officers, directors and agents (collectively "Released Parties") and their immediate family members (spouse, parent, child, sibling, grandparent) and/or those living in the same household of each are not eligible. The Giveaway is void in the States of AK, HI and where prohibited. All federal, state 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.
2. PROMOTION PERIOD: The Giveaway begins on March 18, 2022 and ends at 11:59:59 PM ET on December 31, 2022 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.
3. HERE’S HOW TO ENTER:
• Via purchase at www.TACOMABEAST.com: During the Promotion Period, you will automatically receive one (1) entry into the Giveaway for every $1 spent on eligible purchases of merchandise and apparel in the “Year of the Beast” Collection at www.TACOMABEAST.com (the “Website”). The number of entries you receive will be based on the list price of your eligible purchase (excludes sales tax and shipping charges) and will be rounded up to the nearest dollar (for example, a $24.99 purchase will earn 25 entries). Purchasers of Tacomabeast gift cards will receive one entry for every $1 spent, based on the face value amount of the gift card purchased, e.g., a $50 gift card purchase will garner 50 entries. Purchases made using a Tacomabeast gift card are not eligible to receive entries; however, a purchase that exceeds the gift card value will be eligible to receive entries based on the balance due after the gift card is applied to the item purchased (e.g., a $100 eligible purchase using a $50 Tacomabeast gift card will garner 50 entries). If a purchase is returned prior to a Giveaway drawing, entry/ies associated with that purchase will be voided. All purchases are subject to Sponsor’s return policy.
Double Entry Offers. Throughout the Promotion Period, the Sponsor may announce opportunities to earn double entries (a “Double Entry Offer”). When a Double Entry Offer is offered, the number of entries earned will be multiplied by 2. Timing for a Double Entry Offer will be determined solely by the Sponsor and will be announced by the Sponsor at www.TACOMABEAST.com and/or on its social media channels.
• Via the Mail. To enter without making a purchase, on a plain piece of 3”x5” paper, hand print your complete first and last name, street address, city, state, zip, date of birth (mm/dd/yyyy), e-mail address plus daytime telephone number including area code. Then, on the opposite side of your entry, in at least 25 words complete the sentence: “I want to win Year of the Beast because…”. Mail your entry in a #10 business-size envelope with first-class postage affixed, to: TACOMABEAST Year of the Beast Entry, POB 398, Plainview, NY 11803-0398. 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. Statements contained in mail-in entries will not be judged but must be unique; Statements must not in any way reflect negatively upon Sponsor, the Promotion or any other person or entity. Entries that are postmarked by January 2, 2023 and received by January 5, 2023 will be eligible for the drawing. Each mail-in envelope will count as 5 entries, provided that the mail-in entry complies with the above requirements. Requests for confirmation of receipt of mail-in entries will not be acknowledged. No photocopies, facsimiles or reproductions of a mail-in entry will be accepted.
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.
To receive double entries during a Double Entry Offer without making a purchase, follow the instructions for mail-in entries above, and hand write the words “DOUBLE ENTRY” in the bottom left-hand corner of the envelope. Your mail-in entry must have a postmark that corresponds to the date(s) of a Double Entry Offer and be received within 5 days of the offer’s deadline. Mail in entries received that comply with all the above requirements for a Double Entry Period will receive 10 entries.
4. RANDOM DRAWING: A random drawing to select one Grand prize winner will be conducted on or about January 9, 2023 from among all eligible online purchase and mail-in no-purchase entries received by the entry deadline. The random drawing will be conducted by Marden-Kane, Inc. (the “Administrator”), an independent judging organization whose decisions are final. Odds of winning will depend upon the number of eligible entries received.
5. WINNER NOTIFICATION AND VERIFICATION: Potential winner will be notified by email, mail, and/or phone by the Administrator. Potential winner will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, a W9 (required for tax reporting purposes) and, if legally permissible, a Publicity Release, along with a copy of his/her valid driver’s license (collectively “Documents”). All required Documents must be returned within 3 days (including Saturdays, Sundays and Holidays) of attempted delivery of same. Failure to return properly completed Documents within the specified time, failure to respond to a notification within the time period stated or return of any prize/prize notification as undeliverable, will result in disqualification without further notice and an alternate may be selected. 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 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. Arrangements for Prize fulfillment will be made upon winner’s eligibility verification.
6. GRAND PRIZE AND APPROXIMATE RETAIL VALUE: One (1) Grand Prize winner will receive a customized 2021 Toyota Tacoma (“Truck” or “Vehicle”). Customized upgrades for the Grand Prize vehicle will be featured throughout the Promotion Period at www.Tacomabeast.com and on Sponsor’s social media platforms, and may contain items such as bumpers, suspension systems, headlights, tail lights, sound systems. The depiction of the Vehicle in any advertising or promotional materials or physical display may not reflect the finished Vehicle at the time the Grand Prize is awarded. The value of the Grand Prize Vehicle will range from $45,000 to $55,000, depending on the upgrades made to the Vehicle during the Promotion Period. Color, package, and all other components of the Vehicle/upgrade will be determined solely by the Sponsor, at its sole discretion, and are subject to availability. Winner will also receive a check in the amount of $15,000. The maximum approximate value of the Grand Prize is $70,000.
Winner must agree to pick up the Vehicle 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 of residence and evidence of legally required insurance prior to taking delivery.
Winner will be solely responsible for any applicable licensing, insurance, title and registration fees, including but not limited to costs incurred by winner related to the acceptance or use of the Prize. Vehicle 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. Vehicle portion of the Prize may not meet safety or emissions testing required in some states or counties. Winner is responsible to check their state/county for any safety and emissions inspection requirements and must use Vehicle in accordance with state/county regulations. In no event will more than the stated number of prizes be awarded.
Prize consists of only the items specifically listed as part of the prize. The value of the prize is taxable as income; Grand Prize winner will receive an IRS form 1099 for the value of the prize, not to exceed $70,000. Winner will be responsible for any applicable federal, state, and local taxes and any other expenses related to the acceptance and use of the prize not specified herein. Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. No substitution or transfer of prize by winner permitted.
7. RELEASE: Entrants agree to release, discharge and hold harmless Released Parties from and against any claim or cause of action or liability arising out of participation in the Giveaway and agree to be bound by the Official Rules and the decisions of the Sponsor and/or Sponsor’s representatives, which are final. BY ACCEPTING THE PRIZE, THE WINNER AGREES THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY LOSS, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS GIVEAWAY OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. Winner’s participation in any photoshoot, audio or video recordings, workshop, or other events associated with the Prize shall be owned by Tacomabeast who may exploit, edit, modify, and distribute the recordings, videos and photographs and all elements of such participation, including, without limitation, the names and likenesses of any persons, locations and content embodied therein, in any and all media now known or hereafter devised, in any language, throughout the world, in perpetuity and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to the winner or any third party. Sponsor will not be liable for any delays or unforeseen events that may hinder the prize fulfillment process. 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.
8. 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. 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. 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. If, for any reason, the Promotion is not able to run through completion for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, including any other factors beyond Sponsor’s reasonable control such as a Force Majeure (e.g., war, riots, terrorism, civil unrest, strikes, blackouts, supply shortages, order of governmental authority,) an “act of God” (e.g., natural disasters, weather, etc.) or an unforeseeable health event (e.g. pandemic or epidemic), then the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion in whole or in part, without further liability to the Entrants or third parties. In the event of termination, a notice will be posted online and a drawing to award the Prize 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 any act outside of the Sponsor’s control/force majeure event will not be considered a breach of these Official Rules. 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. 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.
9. CHOICE OF LAW: All questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with this Giveaway, will be governed by and construed in accordance with the laws of the State of Florida without regard to its choice of laws or conflict of law provisions. CLAIMS MAY NOT BE RESOLVED THROUGH ANY FORM OF CLASS ACTION. By participating, Entrants irrevocably consent to the exclusive jurisdiction of the federal and state courts of Florida for any action, suit or proceeding arising out of or relating to this Giveaway. Entrant agrees that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including any costs associated with participation in this Giveaway but in no event attorneys' fees; and under no circumstances will Entrants/Winner be permitted to obtain awards for, and Entrants/Winner hereby waive all rights to claim, punitive, incidental and consequential damages or any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
11. WINNERS LIST: The name of the winner will be announced at www.TACOMABEAST.com on or about January 18, 2023 or after the winner has been verified.
SPONSOR: Beast Investment LLC d/b/a TACOMABEAST, 12301 SW 128th Ct., Ste. 110B, Miami, FL 33186. Mail-In entries will not be accepted at this address.
ADMINISTRATOR: Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416.
This Giveaway is in no way sponsored, affiliated with or endorsed by Toyota Motor North America, Inc. The Toyota name and logo are trademarks owned by Toyota Motor Corporation.
Copyright 2022 Marden-Kane Inc. All rights reserved. Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the Entrant’s personal use only.