Alert: Promotion winners are NOT required to pay to receive their prize. The only paperwork Marden-Kane (our Promotion administrator) will ask a potential Promotion winner to provide will be a completed & notarized affidavit and W-9 tax form. Please contact CboysTV Merch, LLC directly at firstname.lastname@example.org if you have a question about any Marden-Kane potential winner notification calls or emails you may receive.
If you received a phone call, letter, email and/or a direct message on social media from someone stating that you have won a Promotion prize and need to send money before receiving your prize, it is a SCAM. Do not release your credit card or banking information. You can file a complaint with the Federal Trade Commission online at www.ftc.gov or by calling them at 1-877-382-4357.
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE, PAYMENT OR ACCEPTANCE OF PRODUCT OFFER WILL NOT INCREASE YOUR CHANCES OF WINNING. PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID IN ALASKA, FLORIDA, HAWAII, NEW YORK, PUERTO RICO, AND WHEREVER ELSE PROHIBITED BY LAW. GIVEAWAY IS NOT SPONSORED, ENDORSED, ADMINISTERED OR ASSOCIATED WITH YOUTUBE.
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 PROMOTION ENTITIES 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: This Promotion is open only to legal permanent residents of the United States (excludes Alaska, Florida, Hawaii and New York) and the District of Columbia who are eighteen (18) years of age or older at time of entry in their State of residence. Void in Alaska, Florida, Hawaii, New York, Puerto Rico, and wherever else prohibited or restricted by law. Employees of CboysTV Merch LLC (the “Sponsor”), its board members, divisions, printers, website developers, prize manufacturer, vendors, suppliers, affiliates, advertising agencies, Marden-Kane, Inc. (the “Administrator”) and anyone else affiliated with the Promotion or the execution of the Prize Drawing (collectively the “Releasees”) and members of their immediate family (children, parents, siblings, grandparent and spouse) and individuals living in their household whether related or not, are not eligible to participate. All federal, state, provincial, municipal and local laws and regulations apply. Winning a prize is contingent upon fulfilling all requirements set forth herein.
PROMOTION ENTRY PERIOD: The CboysTV Snowmobile Giveaway (the “Giveaway” or “Promotion”) begins at 7:00 p.m. Central Time (“CT”) on February 16, 2023 and ends at 11:59:59 p.m. CT on February 24, 2023 (the “Promotion Entry Period”). The Sponsor’s computer is the official timekeeper for this Promotion.
HOW TO ENTER: There are two (2) ways to enter, as detailed below:
1) Automatic Entry via an Online Purchase: Internet connection required. Eligible individuals who make an online purchase on Sponsor’s website at www.cboystv.com (the “Website”) during the Promotion Entry Period, will automatically receive one (1) Promotion entry for every $5.00 spent on eligible purchases. No limit on number of entries received with a purchase on www.cboystv.com. The number of entries you receive will be based on the net price of your eligible purchase (i.e., excludes any taxes, discounts and/or shipping charges) and will be rounded up to the nearest dollar. Your purchase transaction must be received by 11:59:59 p.m. CT on February 24, 2023 in order to be eligible to receive Promotion entries. All purchases are considered a final sale. No refunds or returns will be accepted. If you have a defective item, please email a photo of the item along with your order number to email@example.com. No limit on the number of entries received with an online purchase. By entering via the Website, you consent to receive email communications from the Sponsor regarding this Promotion.
2) No Purchase Required Mail-In Method of Entry: To enter without making an online purchase, hand-write the following on the front of a 3” x 5” piece of paper: your name, street address, city, state, ZIP code, e-mail address, telephone number and date of birth, then on the back of the paper in at least twenty (20) words complete the sentence: “I want to win the Polaris snowmobile because___________”. Each sentence must be unique to be eligible. Each sentence submitted will not be judged; however, it must not in any way reflect negatively upon Sponsor, the Promotion or any other person or entity. Insert your mail-in entry in a #10 size envelope, that must have your full name and complete valid mailing address that is legibly hand written in the upper left hand corner on the outside of the envelope with only an affixed first-class postage stamp that can be used to pay for full postage delivery fee (using a metered postage machine will not be accepted as a form of payment for postage and will result in disqualification), then mail to: CboysTV Snowmobile Giveaway, 12103 County Highway 11, Audubon, MN 56511. Each envelope must be mailed individually; bulk shipments (multiple entries in one shipping package) will not be accepted and will be destroyed. All mail-in entries (limit one per outer mailing envelope) must include all requested information (as stated above) and must be postmarked by February 24, 2023 and received by March 1, 2023 to be considered a valid entry. Mail-in Entrants can earn five (5) Entries per each eligible mail-in entry. 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 photocopies, facsimiles or reproductions of mail-in entry will be accepted. Sponsor is not responsible for late, lost, damaged, stolen, incomplete, incorrect, illegible, postage due, or misdirected entries. Proof of mailing does not constitute proof of delivery. All information must be complete to be eligible.
By participating in this Promotion, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and other Promotion Releasees, which are final and binding on all matters relating to this Promotion, and will also release, discharge, indemnify and hold harmless the Promotion Releasees from any and all claims or liability in connection with participation in this Promotion or acceptance, use/misuse of any prize including, without limitation, any activity related thereto. Any questions, comments or complaints regarding this Promotion are to be directed to the Sponsor at the address below.
RANDOM DRAWING: A random drawing will be conducted on or about March 2, 2023, among all eligible entries received, by Marden-Kane, Inc., an independent judging organization, whose decisions are final on all matters relating to this Promotion. Odds of winning the Grand Prize depends on the total number of eligible purchase and no purchase mail-in entries received.
WINNER NOTIFICATION: The potential winner will be notified by email, followed by a phone call, on or about March 2, 2023 by the Administrator and 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 and will also be required to complete a W-9 Tax form (collectively “Documents”). If a potential winner is deemed a minor in his/her State of residence, as noted above, his or her respective parent or legal guardian may be required to execute the Affidavit of Eligibility/Liability/Publicity Release document in order to accept the prize on behalf of the winner. If parent or legal guardian is unavailable to execute this document, the winner will not receive the prize and will not be entitled to receive any compensation. All completed Documents must be returned within 4 days (including Saturdays, Sundays, and Holidays) of attempted delivery of same. 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. In the event a potential winner is deemed ineligible, declines the prize, fails to comply with the Official Rules or is unable to claim the prize as specified, the potential winner will be disqualified, Sponsor shall have no further obligation to that potential winner 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. In the event there are not enough eligible entries received during the Promotion Entry Period, Grand Prize will not be awarded.
SCAM ALERT Protect yourself from scams. If you are selected as a potential winner in one of our Giveaways or Promotions our Administrator, Marden-Kane 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 Promotion scams. We do NOT use social media to contact winners of the Promotion we offer on www.cboystv.com. 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 you directly to the IRS. For more information, visit http://www.mardenkane.com/scammer-alert and/or Scam Alerts | FTC Consumer Information.
PRIZE: One (1) Grand Prize of a choice of either of the following: 1) A 2022 Polaris 600 Cross Country Snowmobile, Approximate Retail Value (ARV) of $10,000 OR 2) $10,000 to be awarded in the form of cash, check or wire transfer, as determined by Sponsor, Value: $10,000.
Photographs of the Grand Prize, as noted above, 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.
Additional disclosures for Prize and Prize acceptance:
- Prize consists of only the items specifically listed as a choice of one of the Grand Prizes, as noted above. In no event will more than the stated number of one (1) prize be awarded, regardless of which prize is chosen.
- PLEASE NOTE: Snowmobile Prize may not meet safety testing required to operate in some States or counties nor pass emissions testing, as required. Winner is responsible to check their State of residence for compliance requirements and must use Snowmobile prize in accordance with federal/State/county regulations, if chosen.
- The Grand Prize winner will be responsible for all aspects of operating the Snowmobile prize, if chosen.
- Sponsor will not be responsible, under any circumstances, for any costs of retrofitting/customizing any component of the Snowmobile Prize to meet emissions or safety requirements, if chosen.
- 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 and must provide any additional information that is required by the laws of the winner’s State of residence prior to delivery.
- Prize winner bears all risk of loss, damage, theft to their prize or if prize check is cashed without permission after obtaining ownership and Sponsor will not replace it.
- Prize winner will be responsible for any expenses including but not limited to gas, and any other costs incurred by winner related to the acceptance, transport and use of Snowmobile Prize, if chosen.
- The prize will be awarded “AS IS” without warranty by Sponsor of any kind. Winner acknowledges that Sponsor has not made nor is in any way or manner responsible for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize offered in this Giveaway, including but not limited to its’ quality, mechanical condition, merchantability or fitness for a particular purpose.
- No substitution or transfer of prize permitted except at the sole discretion of the Sponsor. Sponsor reserves the right to substitute prize of equal or greater value for any reason.
- Prize winner is responsible for the payment of all applicable sales and income taxes/duties on their prize. Prize winner will receive a 1099 Tax Form for the value of the prize as stated herein to file with the IRS for the 2023 tax year in which the prize is awarded.
- In the event there is a discrepancy or inconsistency between statements contained in any Promotion -related materials, and terms and conditions stated in the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
PRIZE DETAILS: If selected, cash prize will be awarded to Grand Prize winner within two weeks of being confirmed. If Grand Prize winner chooses the Snowmobile prize, winner may be required to obtain and provide liability insurance and any additional information that is required by the laws of the winner’s state of residence prior to using Snowmobile prize. Grand Prize Winner must agree to accept the Snowmobile prize at a Sponsor-specified location in the U.S. within seven (7) weeks of notification of availability from the Sponsor; failure to take delivery within seven (7) weeks of availability could cause prize to be forfeited and awarded to an alternate winner, if applicable. If due to a printing, production, technical, human or other type of error, more than one (1) Grand Prize is claimed than is to be awarded, the intended prize will be awarded in a random drawing from among all verified and validated prize claims received for the Grand Prize.
GENERAL RULES: If potential Grand Prize Winner is deemed a minor in his/her state of residence (residents of Alabama and Nebraska must be 19 years of age or older; residents of Mississippi must be 21 years of age or older; to be age of majority) at the time of entry, his or her respective parent or legal guardian may be required to execute the Affidavit of Eligibility/Liability/Publicity Release and W9 Tax documents within three (3) days of notification attempt in order to accept the prize on behalf of the winner. If parent or legal guardian is unavailable to execute this document, the winner will not receive the prize and will not be entitled to receive any compensation.
Acceptance of a prize constitutes permission to the Sponsor and its agencies the exclusive, worldwide, perpetual, irrevocable, royalty-free rights to use winner’s name, city, State, entry, prize information, photograph, video, likeness/image, voice and/or comments for purposes of advertising and trade in any media now known or hereafter devised without further compensation, unless prohibited by law. By accepting a prize, winner agrees to hold Releasees harmless against any and 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/non-use thereof, or while traveling to and/or from a location to obtain or use a prize. Releasees shall not be liable for any printing or other errors or for delays in mail service. All entries become the property of Sponsor and will not be acknowledged or returned. If the Grand Prize winner or parent/legal guardian chooses not to return the completed documents within the required timeframe, the winner will not receive the prize or any compensation.
NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE 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 mis-transcribed 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. 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/pandemic virus, 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. 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 an act of God, epidemic/pandemic, act of public enemies or 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.
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 these terms.
CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: This Promotion is offered only in the 48 contiguous United States and the District of Columbia (excluding Alaska and Hawaii) and is governed by the laws of the State of Minnesota. 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 Minnesota located in the county of Becker for any action, suit or proceeding arising out of or relating to this Promotion.
- Any dispute or claim between you, on the one hand, and Sponsor or Administrator, their parents, subsidiaries, affiliates, agents, employees, and assigns, on the other hand (“Claims”) will be resolved exclusively by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Further, you will not have the right to participate as a representative or a member of a class of claimants. However, except as excluded in Section (f), an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
- Claims include, without limitation, (1) Claims related to or arising out of any aspect of any relationship between you and Sponsor; or Administrator and (2) Claims relating to the construction, scope, applicability, or enforceability of this arbitration agreement. Claim has the broadest possible meaning and includes disputes based on contract, tort, consumer rights, fraud or other intentional torts, statutes, regulations, common law, or equity. Notwithstanding the foregoing, “Claim” does not include an action solely to enjoin infringement or other misuse of intellectual property rights, which may be filed in court.
- You, Sponsor, and Administrator agree to provide written notice of any Claim and attempt in good faith to resolve the dispute before beginning arbitration proceedings. Notice to Sponsor shall be sent to: CboysTV Merch, LLC, 12103 County Highway 11, Audubon, MN 56511. Notice to Administrator shall be sent to the address noted below. If the dispute cannot be resolved within 30 days of providing written notice, any party may initiate arbitration.
- The arbitration will be administered by JAMS. The JAMS arbitration rules can be obtained at www.jamsadr.com or 1-800-352-5267. The arbitration will be decided by a single arbitrator selected in accordance with JAMS rules. The arbitrator will take reasonable steps to protect proprietary and confidential information. At your or Sponsor’s request, the arbitrator will issue a reasoned written decision explaining the basis for the award.
- No class action, private attorney general, or other representative claims may be pursued in arbitration. Unless agreed in writing, Claims of two or more people cannot be joined or consolidated in the same arbitration.
- An arbitration award is limited to actual damages. The arbitration award shall not include statutory damages, disgorgement of profits, lost profits, consequential damages, or punitive damages.
- This Promotion involves interstate commerce and these Official Rules and any arbitration proceedings are governed by the Federal Arbitration Act. Any Claim or other dispute between the parties will be governed by these Official Rules and the laws of the state of Minnesota and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
WHO WON: The name of the Grand Prize Winner will be announced in a YouTube video posted to the channel “CboysTV” as well as at: cboystv.com on or about March 7, 2023 after the Grand Prize winner has been verified.
SPONSOR: CboysTV Merch, LLC, 12103 County Highway 11, Audubon, MN 56511.
ADMINISTRATOR: Marden-Kane, Inc., 575 Underhill Blvd, Suite 222, Syosset, NY 11791.
©2023 All Rights Reserved. POLARIS is a trademark of Polaris Industries Inc. Prize Manufacturer is not a Sponsor, Participant or prize provider in this Promotion nor are they associated with Sponsor in any way.
CboysTV is a registered trademark of Cormorant Boys LLC.
Giveaway is not sponsored, endorsed, administered or associated with YouTube.
All questions, comments or complaints regarding this Promotion should be directed to the Sponsor, at the address above.
©2023 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.