CONTEST RULES
FALKEN TIRE CORPORATION
2008 Falken Prize Giveaway
Contest Sponsor: Falken Tire Corporation, a California corporation (referred to herein as “Falken”), is the sponsor of the 2008 Falken Prize Giveaway (“Contest”) described in these Contest Rules.
Eligibility: This Contest is open only to individuals (“Entrants”) who are permanent residents of the United States (excluding persons residing in the states of Florida, Rhode Island, New York or Arizona) who are or will be 18 years of age or older upon contest entry and who hold a valid driver’s license. If you are not a permanent resident of one of the other 46 states, or you are not at least 18 years old upon contest entry, or you do not have a valid driver’s license, you are not eligible to enter the Contest or to win the Prize. To be eligible to win the Prize, entries must be completed and received by Falken as described below. One entry only per person. Directors, officers, and employees of Falken and any of its affiliated and successor companies, its or their professional advisors, advertising and promotional agencies, and Contest partners and prize suppliers, and immediate family members of any of them, are not eligible to participate. “Immediate family members” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension, and any other persons residing at the same household location, whether or not related. All applicable federal, state and local laws and regulations apply. Contest void where prohibited.
Odds of Winning: Odds of winning will be determined by the number of entries received. Odds of winning are estimated to be 1:1,000 – 1:1,000,000, depending on participation. Only one winner. Odds may differ based on participation.
Contest Period: The Contest shall commence April 1, 2009 and shall end on December 31,2009 (the “Deadline”). All entries must be received by the Deadline to be eligible to win the Prize. Falken also reserves the right in its sole discretion to suspend or cancel the Contest or any Entrant's participation in the Contest should causes beyond the control of Falken corrupt the administration, security or proper play of the Contest or if Falken otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned.
Prizes: Only one winner will win one Prize consisting of: (1) limited edition Falken Prize. The specifics of all aforementioned elements of the Prize shall be solely determined by Falken. Some restrictions may apply. No substitution or exchange of the Prize or cash payment in lieu thereof will be permitted, except that Falken reserves the right to substitute a prize of equal or greater value for the Prize or any portion thereof. The Prize is not assignable or transferable. The Prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of the merchantability or fitness for a particular purpose).
Release and Affidavit: All Entrants release Falken and its affiliated and successor corporations, their directors, officers, shareholders, employees and other agents, professional advisors, advertising and promotion agencies, Contest partners and Prize suppliers, from and against all claims and damages arising in connection with the Entrant’s entry and/or participation in the Contest and/or his or her receipt or use of any prize awarded in the Contest. As a condition to being awarded the Prize, the winner will be required to execute and deliver to Falken a signed Affidavit of Eligibility, which includes an acceptance of these Contest Rules and a certification of age and residence, and a release of liability.
Taxes: All federal, state and local taxes (including any sales taxes) associated with the receipt or use of the Prize will be the sole responsibility of the winner. The winner will receive an IRS form 1099 at the end of the calendar year if the value of the Prize is within IRS guidelines, and a copy of such form will be filed with the IRS. Any additional costs relating to the Prize, and incurred as a result of accepting the prize, is the sole responsibility of the winner.
How to Enter: Entrants may enter the Contest only by completing and submitting an entry form at the Falken Tire or Falken promotional giveaway website.
No purchase of any Falken products is necessary to enter the Contest. Purchase of Falken products will not improve chances of winning. Contest entry forms must include Entrant’s name, place of residence, email address (if any), age and date of birth and telephone number.
Disclaimer: Falken and its affiliated and successor corporations, their directors, officers, shareholders, employees and other agents, will not be responsible for: (a) entries that are incomplete, late, lost, illegible, misplaced, misdirected or mutilated; (b) telephone, electronic, hardware, software, network, or other computer-related or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Falken; or (d) any printing or typographical errors in any materials associated with the Contest. Falken shall not be responsible for the quality or adequacy of the Prize or any portion thereof or the products or services to be provided to the Prize winner Falken will not be responsible or liable for loss or injury resulting from Entrants entering the Contest, or from the winner’s acceptance or use or misuse of the Prize or any portion thereof. The winner will be required to sign a liability waiver. By submitting an entry, all Entrants accept and agree to these Contest Rules and the decisions of Falken in administering the Contest, which shall be final. The winner assumes complete liability for damage to property or injuries to the winner and his or her guest caused or claimed to be caused by participation in the Contest, or the use or misuse of the Prize or any portion thereof.
Selection of Winner: Falken, in its sole discretion, shall choose the winner from all Entrants who have submitted an entry prior to the Deadline. The winner shall be chosen by Falken in a random drawing at Falken’s discretion. The choice of the winner by Falken will be final. The Prize winner will be notified by mail, e-mail, and/or telephone on or after the drawing. If Falken is unable to contact the winner after the drawing, the winner will have twenty-four (24) hours after Falken sends an email and/or telephone message to the winner to acknowledge and accept the Prize. If the winner fails to so acknowledge and accept within such 24 hour period, that winner will forfeit the Prize and Falken will select an alternate winner. To accept the Prize, the winner should follow the instructions given by Falken in its notification. As a condition of being awarded the Prize, the winner will be required to execute and deliver to Falken a signed Affidavit of Eligibility, which includes an acceptance of these Contest Rules and a certification of age and residence, and a release of liability. The winner must provide his or her social security number or other taxpayer identification number. The winner must sign and return these documents within 24 hours of receipt; if the winner fails to do so, the winner will forfeit the Prize and Falken will select an alternate winner.
Disclosure of Winner: The identity and state of residence of the Entrant initially chosen as the Contest winner will be disclosed on the Falken website, www.falkentire.com. If the person initially chosen to be the winner fails to qualify to receive the Prize and an alternate winner is chosen, the identity and state of residence of the alternate winner will be disclosed on the Falken website as soon as he or she has been chosen.
Falken Use of Entry Information: Entrants hereby agree that in consideration of being permitted to enter the Contest, they hereby grant Falken a perpetual, non-exclusive, worldwide license to utilize the information supplied in response to the survey questions on the entry form submitted to enter the Contest (collectively, “Survey Information”) in any way and for any purpose whatsoever. The Survey Information will not be returned to any Entrant.
Personal Information: The entry form to be submitted to enter the Contest includes personal information such as your name, address, telephone number, email address and date of birth. This information will only be used to verify your eligibility to enter the Contest or to receive the Prize if you are chosen as the winner or to contact you in the event that you are chosen to receive the Prize. Except for posting the name and state of residence of the winner on the Falken website, Falken will not sell, rent or otherwise transfer this information to any third party, nor will Falken use this information for marketing purposes without your consent.
General Release: By entering the Contest, you release Falken and and its affiliated and successor corporations, their directors, officers, shareholders, employees and other agents, professional advisors, advertising and promotion agencies, Contest partners and Prize suppliers from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or the delivery, misdelivery, acceptance, possession, use of or inability to use the Prize or any portion thereof (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Miscellaneous: The Contest and these Contest Rules will be governed, construed and interpreted under the laws of the United States. Entrants agree to be bound by these Contest Rules and by the decisions of Falken, which are final and binding in all respects. Entrants who violate these Contest Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Falken, the Contest or any other Entrant (in each case as determined in Falken's sole discretion) are subject to disqualification from the Contest. If you have any questions about these Contest Rules or the Contest, please send written questions to Falken Tire Corporation, 13649 Valley Boulevard, Fontana, California 92335, Attention: 2009 Falken Prize Giveaway.
Contest Rules: To obtain a copy of these Contest Rules, send a written request to Falken Tire Corporation, 13649 Valley Boulevard, Fontana, California 92335, Attention: 2009 Falken Prize Giveaway.
Copyright Notice: The Contest and all accompanying materials are copyright © 2009 Falken Tire Corporation. All rights reserved.