2016 BMW F80 M3 Sweepstakes Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. PROMOTION IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. ALSO OPEN TO LEGAL RESIDENTS OF CANADA (EXLCUDING QUEBEC) WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW.

Please read these Rules carefully. By participating in the Sweepstakes and/or submitting your Entry, you are indicating that you have read, understood and fully agree to these Rules.

PROMOTION PERIOD: 2016 BMW F80 M3 Sweepstakes (the “Sweepstakes”) entries will be accepted online starting at 12:00 a.m. Pacific Time (PST) on January 1, 2024 and ending 11:59 p.m. Pacific Time (PT) on March 31, 2024 (the “Promotion Period”).

1. Eligibility: Open to legal residents of the 50 United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Also open to legal residents of Canada (excluding Quebec) who are eighteen (18) years of age or older at the time of entry. Void in QC and where prohibited or restricted by law. Employees of throtl Inc. (a wholly owned subsidiary of Wheel Pros, LLC, hereinafter collectively referred to as "Sponsor"), Wheel Pros, Hoonigan, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes (with the exclusion of throtl Brand Ambassadors). The Sweepstakes is subject to all applicable federal, provincial, territorial, municipal, state and local laws and regulations.

2. How to Enter: There are four (4) ways to enter:

1. throtl VIP Membership: Eligible individuals who purchase a throtl VIP membership at www.throtl.com will receive fifty (50) Sweepstakes entries per month of membership during the Promotion Period (e.g., a membership started in February will earn 100 entries). This is limited to one (1) membership per person.
2. Purchase:
• Eligible Individuals can earn entries for purchasing products from www.throtl.com. During the Promotion Period you will automatically receive one (1) entry into the Sweepstakes for every $1 spent on an eligible purchase at https://www.throtl.com (the “throtl Website”) (e.g., a $22 purchase will earn 22 entries). The number of entries you receive will be based on the list price of your eligible purchase (excludes sales tax and shipping/handling charges), less any credits or discounts. If a purchase is returned prior to the Sweepstakes drawing, entries associated with that purchase will be voided. All purchases are subject to Sponsor’s return policy. Your purchase transaction must be received by 11:59:59 p.m. PT on 3/31/24 to be eligible to receive entries. Eligible VIP Members who make a product purchase from the website during the Promotion Period will receive (5) entries per $1 spent, equivalent to 5x the entries of a NON-VIP eligible individual.
• Eligible individuals can earn entries for purchasing products from shop.hoonigan.com. During the Promotion Period you will automatically receive one (1) entry into the Sweepstakes for every $1 spent on an eligible purchase at www.hoonigan.com (the “Hoonigan Website”) (e.g., a $22 purchase will earn 22 entries). The number of entries you receive will be based on the list price of your eligible purchase (excludes sales tax and shipping/handling charges), less any credits or discounts, and will be rounded up to the nearest U.S. dollar. If a purchase is returned prior to the drawing, entries associated with that purchase will be voided. All purchases are subject to Sponsor’s return policy. Your purchase transaction must be received by 11:59:59 p.m. PT on 3/31/24 to be eligible to receive entries.
• In addition to entering via an online purchase at shop.hoonigan.com or www.throtl.com, the Sponsor at its sole discretion, may offer opportunities during the Promotion Period to earn one (1) entry for every $1 spent via an ‘in person’ purchase at The Hoonigan Store located at 19070 S. Reyes Ave. Compton, CA 90221, and/or an ‘in person’ purchase at a Hoonigan event booth during a Sponsor-specified car show/event.* Visit www.hoonigan.com for a listing of upcoming events. * Purchases made ‘in person’ at The Hoonigan Store and/or at a Hoonigan event booth during a Sponsor specified car show/event may not qualify for the Sweepstakes; see the Hoonigan representative to confirm whether or not your purchase qualifies for the Sweepstakes.
3. Extra Entry Periods (at Sponsor’s discretion): Throughout the Promotion Period, the Sponsor, at its sole discretion, may announce on shop.hoonigan.com, www.throtl.com, and/or on its social media pages, opportunities to earn additional entries (“2X” entries ,3X” entries or “10X” entries), via a purchase of select brands or the entire website catalog. The additional entry periods are as follows: 2X entries: Eligible non-VIP Individuals will earn two (2) entries for every $1 spent and eligible throtl VIP Individuals will earn ten (10) entries for every $1 spent (“2X Entry”). 3X entries: Eligible non-VIP Individuals will earn three (3) entries for every $1 spent & Eligible throtl VIP Individuals will receive fifteen (15) entries for every $1 spent (“3X Entry”). 10X entries: Eligible non-VIP Individuals will earn ten (10) entries for every $1 spent & Eligible throtl VIP Individuals will receive fifty (50) entries for every $1 spent (“10X Entry”). The 2X Entry, 3X Entry & 10X Entry, if it occurs at all, will occur on a date, and for a duration, of the Sponsor’s choosing and under the Sponsor’s discretion. The 2X Entry, 3X Entry & 10X Entry will not be announced beforehand and will take place within the overall Promotion Period. The applicable Website will be updated accordingly to specify 2X, 3X or 10X entry periods and which brands in the catalog are eligible. The announcement of these entry periods, if any, will include information regarding how to enter without purchase, by mail.
4. Mail-In Free Method of Entry (handwritten 4x6 postcard only): To enter without purchase, print your name, address, city, state/province, zip/postal code, email address, telephone number, date of birth and in thirty-five (35) words or more, hand write a response to the following question “How would winning the throtl 2016 BMW F80 M3 Sweepstakes change your life?” on a 4x6 postcard (no outer envelope) and mail to: 2016 BMW F80 M3 Sweepstakes – Alternate Method of Entry, c/o throtl, Inc., 302 Washington Street #102, San Diego, California 92103 U.S.A. (each postcard must be mailed individually - multiple/bulk mailings will not be accepted). Mail-in entries must be postmarked by April 1, 2024, and received by April 8, 2024. No photocopies, facsimiles or reproductions of mail-in entry requests will be accepted. Sponsor is not responsible for late, lost, damaged, stolen, incomplete, illegible, postage due, or misdirected entries. Proof of mailing does not constitute proof of delivery. All information must be complete to be eligible. Personal information collected from entrant is used only for the purpose of the Sweepstakes and will not be re-used, sold or shared in any manner, unless entrant agrees to receive further information on Sponsor’s or prize partner’s products and promotions. Use of computer programs and/or other automated devices to enter sweepstakes is prohibited. For each eligible postcard mailed in, according to the instructions above, you will receive twenty-five (25) entries into the Sweepstakes.

To earn 2X entries without purchase (50 entries per mail-in), follow the instructions above for your mail-in entry and hand write the words “2X entry” on the lower right-hand corner of post card. Your mail-in entry must have a postmark date that corresponds to a 2X Entry Period and be received within 5 days of the 2X Entry Period’s deadline, as communicated on shop.hoonigan.com, www.throtl.com, and/or on Sponsor’s social media pages.

To earn 3X entries without purchase (75 entries per mail-in), follow the instructions above for your mail-in entry and hand write the words “3X entry” on the lower right-hand corner of post card. Your mail-in entry must have a postmark date that corresponds to a 3X Entry Period and be received within 5 days of the 3X Entry Period’s deadline, as communicated on shop.hoonigan.com, www.throtl.com, and/or on Sponsor’s social media pages.

To earn 10X entries without purchase (250 entries per mail-in), follow the instructions above for your mail-in entry and hand write the words “10X entry” on the lower right-hand corner of post card. Your mail-in entry must have a postmark date that corresponds to a 10X Entry Period and be received within 5 days of the 10X Entry Period’s deadline, as communicated on shop.hoonigan.com, www.throtl.com, and/or on Sponsor’s social media pages.

3. Entry Requirements: By submitting an entry, you represent and warrant that your entry conforms to the following requirements:

1. Entries that exploit bugs in the platform, or otherwise violate the spirit of the Sweepstakes, will be rejected.
2. Entries that are submitted by script, macro or other automated means (such as harvesting bots, robots, spiders or scrapers) and/or entries that subvert the entry process by any means will be void.
3. Entries that attempt to harm the platform or otherwise create an unfair advantage over other entrants will be rejected.
4. Entries cannot be in violation of any law, regulation or third-party rights.
5. Entrants found to use multiple accounts to enter the Sweepstakes will be ineligible.
6. Incomplete entry submission or entry submissions not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion.

4. Prize: The confirmed Winner of the Sweepstakes (the “Winner”) will choose one (1) of two (2) prize options. Prize options include either one (1) 2016 BMW F80 M3 (VIN # WBS8M9C54GP966879) with an Approximate Retail Value (“ARV”) of $39,000 USD and one (1) check for $20,000 USD OR one (1) check for $50,000 USD. No other prize substitution shall be permitted except at the Sponsor’s discretion. No substitution or transfer of prize will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute a prize with another prize of equal or greater value. All expenses associated with prize acceptance not mentioned herein are the sole responsibility of the Winner. Acceptance of prize constitutes permission for the Sponsor to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

2016 BMW F80 M3 Prize Restrictions: The interior and exterior color and condition of the 2016 BMW F80 M3 displayed in the videos/photos may differ from the actual prize. The winner must possess a valid driver’s license and automobile insurance prior to receiving the prize. Any costs associated with registration, taxes and licensing of the automobile are the sole responsibility of the Winner. This vehicle has no warranty. Actual/appraised value may differ from what is listed in these Official Rules at time of prize award. The specifics of the prize shall be solely determined by the Sponsor.

Winner must be a licensed driver and must present a current valid driver's license issued by the driving license authority of one of the fifty (50) United States or the District of Columbia, or Canada, and proof of insurance prior to taking possession of the vehicle, failure to show same may result in prize forfeiture and selection of an alternate potential winner. Prize winner is responsible for all associated fees including all title, license, insurance, registration, preparation, applicable taxes or fees, destination and handling charges, and other fees associated with automobile, including any travel and transportation costs associated with collecting the vehicle. All other costs not specifically stated herein as being awarded are the responsibility of winner. Neither Sponsor nor any other person or entity associated with the manufacture, distribution, development and execution of this Sweepstakes and its prize, or any of their respective affiliates, parent companies, subsidiaries, directors, officers, employees, and agents makes any warranties, representations or guarantees, express or implied, in fact or in law, relative to the use or enjoyment of the vehicle, including, without limitation, its quality, mechanical condition, merchantability or fitness for a particular purpose. The prize is not redeemable for cash, except in Sponsor's sole discretion. No substitution, transfer, or assignment of prize permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value in the event an offered prize is unavailable.

NOTE #1: Prize vehicle may not pass emissions testing in certain states or provinces, as applicable. Winner is responsible for reviewing standards for operation of a vehicle in their state or province before accepting prize. NOTE #2: Prize must be picked up from San Diego, California within thirty (30) days of notification of availability from the Sponsor. NOTE #3: The Winner understands and agrees that the pick-up process will be videotaped/photographed. Rights to any prize ceremony video/photo belong solely to the Sponsor and can be used in any media at their sole discretion.

5. Odds: The odds of winning depend on the number of eligible entries received during the Promotion Period.

6. Winner Selection and Notification: The potential winner will be selected by a random drawing among all eligible entries received during the Promotion Period, under the supervision of Sponsor on or about April 9, 2024. The drawing will be conducted by Realtime Media LLC (at their offices in West Conshohocken, PA, 19428, USA), an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner. Decisions of the Sponsor as to the selection of the winner will be final. Potential winner will be notified by phone and email within five (5) calendar days following the drawing and will be required to take all necessary steps to claim the prize. If potential winner is from Canada, potential winner will be required to correctly answer a time-limited, skill-testing question, without assistance, in order to be eligible for the prize Winner must also complete and submit a Declaration and Release Form (“Declaration”) confirming compliance with the Official Rules within five (5) business days of notification. Sponsor shall have no liability for Winner’s failure to receive notices due to spam, junk email or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to take all of the required steps to claim the prize within five (5) days from the time award notification was sent, or fails to timely return the completed and executed Declaration as required, or if the potential winner (if from Canada) fails to correctly answer the skill-testing question, the prize may be forfeited and an alternate potential winner may be selected. Parents or legal guardians of a prize winner under the age of majority in their place/jurisdiction of residence (which is eighteen (18) in most states and most of Canada, but is nineteen (19) in Alabama and Nebraska British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon and twenty-one (21) in Mississippi) may be required to also sign the Declaration in order for the prize winner to be qualified to receive his or her prize.

Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If the potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit the prize and an alternate winner will be selected from among all remaining eligible entries, up to three (3) alternates, after which the prize will remain un-awarded. No more than the stated prize will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the prize set forth in these Official Rules, the winner of the advertised prize available may be selected in a random drawing from among all persons making purportedly valid claims for such prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Promotion Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner.

Receipt by Winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, provincial, territorial, municipal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. Entries that fail to meet the Eligibility and the Entry Requirements by the end of the Promotion Period will be deemed incomplete and, at the discretion of Sponsor, may be disqualified. If a potential winner is a U.S. resident, he/she must sign and return an IRS W-9 form within the stated time in order to claim a prize. If potential winner is a Canadian resident, he/she must sign and return a W8-BEN form within the stated time in order to claim a prize.

7. Rights Granted by You: By entering this Sweepstakes, you understand and agree that Sponsor or anyone acting on behalf of Sponsor and Sponsor’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.

8. Terms & Conditions:  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law. Nothing contained herein shall constitute this Sweepstakes to be an arrangement for employment, a joint venture, or a partnership. In no way is a participant to be construed as the agent or to be acting as the agent of Sponsor in any respect. The value of the prize will be taxable to the winner as income. All federal, provincial, territorial, state and local taxes and any other costs and expenses associated with the acceptance and/or use of prizes not specifically provided for in these Official Rules are solely the winner’s responsibility. Winner is solely responsible for reporting and paying any and all applicable taxes. A United States resident will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS. A Canadian resident will have income reported to them on IRS Form 1042 as required under IRS rules and a copy of said form will be sent to the IRS. The winner must provide Sponsor with a valid taxpayer identification number or social security number before the prize will be awarded, for tax reporting purposes. Please contact your own tax advisor for any questions concerning taxes.

9. Limitation of Liability: By entering, you agree to release and hold harmless Sponsor, Administrator, and each of their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof (including any travel related to retrieving prize); (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error in the administration of the Sweepstakes or the processing of entries.

10. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE USA AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances shall you be permitted to obtain awards for, and hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than your actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes). You further waive all rights to have damages multiplied or increased.

11. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Sponsor's website. To read the Privacy Policy click here

12. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Throtl Inc., 302 Washington Street #102, San Diego California, 92103 USA. Requests must be received no later than 6/10/24.

13. Administrator: Realtime Media LLC, 1001 Conshohocken State Road, STE 2–100, West Conshohocken, PA 19428 USA; https://www.rtm.com/; https://privacy.rtm.com/PrivacyPolicy.pdf.

14. Sponsor: throtl Inc. (a wholly owned subsidiary of Wheel Pros, LLC), 17880 Fitch, Irvine, CA 92614

This sweepstakes is no way sponsored or endorsed by BMW.