This promotion is in no way sponsored, endorsed or administered by, or associated with Roku, Facebook, Twitter, Instagram or any other social network or platform. You understand that you are providing your information to the Sponsor, and not to, Roku, Facebook, Twitter, Instagram or other social network or platform.
1. ELIGIBILITY. GIVEAWAY (PROMOTION) ARE OFFERED ONLY IN THE UNITED STATES AND ITS TERRITORIES TO LEGAL UNITED STATES RESIDENTS AT LEAST EIGHTEEN (18) YEARS OF AGE. EMPLOYEES AND DIRECTORS OF KAPLAN MEDIA INC (SPONSOR), AND ITS PARENTS AND SUBSIDIARY COMPANIES AND THE IMMEDIATE FAMILY (SPOUSE, MOTHER, FATHER, SISTER, BROTHER, DAUGHTER OR SON, REGARDLESS OF WHERE THEY LIVE) OR MEMBERS OF THEIR SAME HOUSEHOLDS (WHETHER RELATED OR NOT) OF SUCH EMPLOYEES AND DIRECTORS ARE NOT ELIGIBLE. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH ARE FINAL AND BINDING IN ALL RESPECTS. NO PURCHASE NECESSARY. PURCHASE DOES NOT INCREASE CHANCES OF WINNING. ENTRANTS WHO HAVE WON A PROMOTION SPONSORED BY SPONSOR WITHIN THE TWELVE (12) MONTHS PRECEDING THE PROMOTION END DATE ARE NOT ELIGIBLE.
2. PROMOTIONAL PERIOD. THE PROMOTION BEGINS ON FEB 1, 2022 AT 12:00 AM EST (PROMOTION START DATE), AND ENDS MARCH 1, 2022 11:59 PM EST (PROMOTION END DATE) (THE PERIOD INCLUDING AND BETWEEN THE PROMOTION START DATE AND THE PROMOTION END DATE MAY BE REFERRED TO AS THE PROMOTION PERIOD). MAIL IN CARD MUST BE POSTMARKED PRIOR TO TERMINATION. AT THE END OF THE PROMOTION PERIOD THERE WILL BE A PRIZE DRAWING. NOTWITHSTANDING THE FOREGOING, SPONSOR RESERVES THE RIGHT TO TERMINATE THE PROMOTION BY GIVING NOTICE, DEEMED APPROPRIATE BY SPONSOR. SHOULD PROMOTION BE TERMINATED AS DESCRIBED ABOVE, THE PRIZE WILL NEVERTHELESS BE AWARDED AS STATED BELOW.
3. ENTRY. THERE ARE TWO WAYS TO ENTER THE PROMOTION: ONLINE METHOD AND THE MAIL-IN METHOD:
(A) VISIT HORSECAPITALTV.COM AND ENTER ONLINE BY COMPLETING THE ONLINE ENTRY FORM.
(B) MAIL-IN METHOD. TO ENTER USING THE MAIL-IN METHOD, ON A 3" × 5" CARD, IN BLUE OR BLACK INK CLEARLY HAND PRINT YOUR FULL LEGAL NAME, COMPLETE HOME ADDRESS INCLUDING ZIP CODE, DATE OF BIRTH, IN THE UPPER RIGHT CORNER YOUR HOME TELEPHONE NUMBER WITH AREA CODE, IN THE LOWER LEFT CORNER THE WORDS "TEST DRIVE SWEEPSTAKES", AND A STATEMENT ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE OFFICIAL RULES AND THAT YOU ARE NOT SUBJECT TO ANY OF THE ELIGIBILITY RESTRICTIONS ENUMERATED WITHIN THESE OFFICIAL RULES, SIGN THE CARD IN THE BOTTOM RIGHT CORNER, AND MAIL THE CARD IN A FIRST CLASS STAMPED ENVELOPE TO KAPLAN MEDIA INC PO BOX 4423 OCALA, FL 34478. NO COPIES, FACSIMILES OR MECHANICAL REPRODUCTIONS ACCEPTED. ALL MAIL-IN ENTRIES MUST BE RECEIVED PRIOR TO THE PROMOTION END DATE.
(C) NO RESPONSIBILITY IS ASSUMED BY SPONSOR FOR LOST, LATE, INCOMPLETE, STOLEN, MISDIRECTED, ILLEGIBLE OR POSTAGE DUE ENTRIES OR MAIL; OR FOR ANY COMPUTER, TELEPHONE, CABLE, NETWORK, SATELLITE, ELECTRONIC OR INTERNET HARDWARE OR SOFTWARE MALFUNCTIONS, FAILURES, CONNECTIONS, AVAILABILITY OR GARBLED OR JUMBLED TRANSMISSIONS, OR WEBSITE ACCESSIBILITY OR AVAILABILITY, TRAFFIC CONGESTION, OR UNAUTHORIZED HUMAN INTERVENTION.
4. DRAWING. THE WINNER WILL BE SELECTED BY RANDOM DRAWING FROM ALL ELIGIBLE ENTRIES RECEIVED PRIOR TO THE PROMOTION END DATE. THE DRAWING WILL TAKE PLACE ON OR ABOUT THE FIRST BUSINESS DAY FOLLOWING THE PROMOTION END DATE. THE WINNER OF THE DRAWING WILL BE NOTIFIED BY E-MAIL, TELEPHONE, OVERNIGHT CARRIER, OR REGULAR MAIL WITHIN APPROXIMATELY TEN (10) DAYS OF THE DRAWING.
5. PRIZE/ODDS. THERE WILL BE (1) PRIZE AWARDED FOR THE ENTIRE PROMOTIONAL PERIOD OF A NEW ROKU ULTRA MEDIA PLAYER. NO CASH VALUE. WINNER MAY BE REQUIRED TO COMPLETE A W-9 FORM PRIOR TO RECEIPT OF ANY PRIZE. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED FOR THAT DRAWING. NO ASSIGNMENT, TRANSFER OR SUBSTITUTION OF PRIZE IS PERMITTED.
6. GENERAL CONDITIONS.
(A) WHERE LAWFUL, WINNERS MUST EXECUTE AND RETURN AN AFFIDAVIT OF ELIGIBILITY, A LIABILITY RELEASE, AND A PUBLICITY RELEASE WITHIN FIVE (5) DAYS OF NOTIFICATION. FAILURE TO RETURN DOCUMENTS TIMELY, OR IF PRIZE NOTIFICATION OR PRIZE IS RETURNED AS NON DELIVERABLE, MAY RESULT IN DISQUALIFICATION WITH AN ALTERNATE WINNER SELECTED.
(B) WHERE PERMITTED BY LAW, WINNER AGREES TO GRANT TO SPONSOR WITHOUT CHARGE OR FEES AND ITS LICENSEES, AFFILIATES AND ASSIGNS, THE RIGHT TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER'S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS AND BIOGRAPHICAL INFORMATION AS NEWS OR INFORMATION AND FOR ADVERTISING AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL CONSIDERATION; AND FURTHER WITHOUT SUCH ADDITIONAL COMPENSATION, APPEAR FOR, OR PROVIDE BIOGRAPHICAL INFORMATION FOR USE IN, ANY PRESENTATION OR OTHER ACTIVITY WHICH MAY INCLUDE FILMING/AUDIO/VIDEO/ELECTRONIC OR OTHER RECORDINGS AND/OR INTERVIEWS, AS MAY BE DETERMINED FROM TIME TO TIME BY SPONSOR. VOID WHERE PROHIBITED.
(C) SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DISQUALIFY ANY INDIVIDUAL IT FINDS, IN ITS SOLE DISCRETION, TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE PROMOTION OR WEBSITE; TO BE IN VIOLATION OF THE TERMS OF SERVICE OF THE WEBSITE; TO BE ACTING IN VIOLATION OF THESE OFFICIAL RULES; OR TO BE ACTING IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER, OR WITH INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON.
(D) ANY USE OF ROBOTIC, AUTOMATIC, MACRO, PROGRAMMED OR LIKE ENTRY METHODS WILL VOID ALL SUCH ENTRIES BY SUCH METHODS. IN THE EVENT OF A DISPUTE AS TO ENTRIES SUBMITTED BY MULTIPLE USERS HAVING THE SAME HOUSEHOLD OR E-MAIL ACCOUNT, THE AUTHORIZED SUBSCRIBER OF THE E-MAIL ACCOUNT USED TO ENTER THE PROMOTION AT THE ACTUAL TIME OF ENTRY WILL BE DEEMED TO BE THE PARTICIPANT AND MUST COMPLY WITH THESE RULES. AUTHORIZED ACCOUNT SUBSCRIBER IS DEEMED TO BE THE NATURAL PERSON WHO IS ASSIGNED AN E-MAIL ADDRESS BY AN INTERNET ACCESS PROVIDER, ONLINE SERVICE PROVIDER OR OTHER ORGANIZATION WHICH IS RESPONSIBLE FOR ASSIGNING EMAIL ADDRESSES OR THE DOMAIN ASSOCIATED WITH THE SUBMITTED EMAIL ADDRESS.
(E) SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY FRAUDULENT ACTIVITIES TO THE FULL EXTENT OF THE LAW.
7. LIMITATIONS OF LIABILITY.
(A) SPONSOR IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY WEBSITE SITE USERS, OR TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE.
(B) SPONSOR IS NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS PROMOTION OR DOWNLOADING MATERIALS FROM OR USE OF THE WEBSITE. IF, FOR ANY REASON, THE PROMOTION IS NOT CAPABLE OF RUNNING AS PLANNED BY REASON OF INFECTION BY COMPUTER VIRUS, WORMS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES WHICH, IN THE SOLE OPINION OF SPONSOR, COULD CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER CONDUCT OF THIS PROMOTION, SPONSOR RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CANCEL, TERMINATE, MODIFY OR SUSPEND THE INTERNET PORTION OF THIS PROMOTION FOR ANY DRAWING(S) AND SELECT THE WINNER FROM REGULAR MAIL-IN ENTRIES AND INTERNET ENTRIES RECEIVED FOR THAT DRAWING PRIOR TO THE ACTION TAKEN.
(C) IN NO EVENT WILL SPONSOR, ITS LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF SPONSOR'S WEB SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. DISPUTES. AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, PARTICIPANT AGREES THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTION WITH THIS PROMOTION, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY, BEFORE A STATE COURT LOCATED IN MARION COUNTY FLORIDA HAVING COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, OCALA DIVISION, WHICH COURT SHALL APPLY THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD FOR PRINCIPLES OF CONFLICTS OF LAW. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN PARTICIPANTS ACTUAL OUT-OF-POCKET EXPENSES (I.E. COSTS ASSOCIATED WITH ENTERING THIS PROMOTION), AND PARTICIPANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
9. WINNERS' LIST. FOR NAME OF PRIZE WINNER, MAIL A SELF-ADDRESSED STAMPED ENVELOPE FOR RECEIPT BY THE TENTH (10TH) DAY AFTER THE PROMOTION END DATE TO SPONSOR AT KAPLAN MEDIA INC PO BOX 4423 OCALA, FL 34478. FOR A COPY OF THESE OFFICIAL RULES, MAIL A SELF-ADDRESSED STAMPED ENVELOPE TO THE ABOVE ADDRESS MARKED "OFFICIAL RULES." THE NAMES OF WINNER WILL ALSO BE POSTED AT HTTP://WWW.HORSECAPITALTV.COM. THIS PROMOTION IS SPONSORED BY DELUCA TOYOTA/DELUCA INC., A FLORIDA PROFIT CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA WITH OFFICES AT 1558 SW 7TH ROAD, OCALA, FL 34471.
10. WAIVER OF JURY TRIAL. BOTH SPONSORS AND ENTRANTS SPECIFICALLY AND EXPRESSLY WAIVE THEIR RIGHT TO A JURY TRIAL ON ANY AND ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARRIVING OUT OF OR BECAUSE OF THIS PROMOTION.
