ECS Tuning Alternate Means of Entry

ECS Tuning & Turner Motorsport Winter 2024 Instant Win Game & Sweepstakes
OFFICIAL RULES

NO PURCHASE OR OBLIGATION NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE, PAYMENT, OBLIGATION OF ANY KIND OR ACCEPTANCE OF A PRODUCT OFFER WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN TO RESIDENTS OF THE 50 UNITED STATES, DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC). VOID IN QUEBEC, PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, OVERSEAS MILITARY INSTALLATIONS AND WHERE PROHIBITED BY LAW.

BY ENTERING OR OTHERWISE PARTICIPATING IN THIS PROMOTION, 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.

ECS Tuning & Turner Motorsport Winter 2024 Instant Win Game & Sweepstakes (the “Promotion”) is sponsored by ECS Tuning (the “Sponsor”) and administered by Marden-Kane, Inc. (the “Administrator”). For the purposes of the Promotion, the “Promotion Entities” is composed of the Sponsor, their affiliates and related companies, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Promotion, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Promotion and their respective officers, directors, employees, agents, and other representatives.

Promotion Period:
The Promotion starts on November 11, 2024 at 10:00:00 a.m. Eastern Standard Time (“EST”) and ends on January 6, 2025 at 11:59:59 p.m. EST (the “Promotion Period”). The Sponsor’s computer runs the official clock for the Promotion and will solely determine the time by which an entry is received.

Eligibility:
To be eligible, a (the “Participant” or “Entrant”) must (a) be at least 18 years of age or older or the age of majority in their jurisdiction of residence, whichever is older, (residents of Alabama or Nebraska must be at least 19 years old; residents of Mississippi must be at least 21 years old), at the time of entry; (b) possess a valid form of identification; and, (c) be a legal resident of one of the 50 United States, the District of Columbia, (excluding residents of overseas military installations and other U.S. territories) and Canada (excluding Quebec). Persons identified as “Blocked Persons” or persons subject to applicable sanctions prohibitions, including, without limitation, those persons listed on the U.S. Department of Treasury Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List are not eligible to participate in the Promotion. All applicable federal, provincial, state and local laws and regulations apply. Void in Quebec and where prohibited, restricted or where Promotion would be subject to a tax by law. Excluded from eligibility are officers, directors, employees, agents and representatives of the Promotion Entities each of its respective parent, affiliated or related companies, agencies, suppliers of the materials and services related to this Promotion, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives (collectively above, the “Eligibility Criteria”).

How to Enter:
Method of Entry 1 (Instant Win Game (three (3) Instant Win Game plays per day) and Sweepstakes (one (1) automatic entry daily) – see details below – No purchase required.):
Eligible Entrants can go to SpintoWin.ECSTuning.com and/or SpintoWin.Turnermotorsport.com any time during the Promotion Period and follow the on-screen instructions: The first time you visit each site you will need to complete the registration form by providing the information required, including your email address, first and last name, address, city, state/province, zip code/postal code, phone number and vehicle information (year, make model and sub-model); agree that you are 18 years of age or older at time of entry and accept the terms and conditions of these Official Rules, click the submit button. Once you click the submit button you will automatically be served three (3) Instant Win Game Plays and receive one (1) automatic entry into the Sweepstakes.. In this Method of Entry 1, there is a limit of 3 IWG Game Plays and 1 Sweepstakes Entry per person/website/day, during the Promotion Period. Eligible entrants may participate in each of the daily Instant Win Games (SpintoWin.ECSTuning.com and SpintoWin.Turnermotorsport.com) and earn one (1) automatic Sweepstakes entry daily on each website.

Method of Entry 2 (Sweepstakes only. Purchased required.):
Eligible Entrants who go to www.ECSTuning.com and/or www.Turnermotorsport.com any time during the Promotion Period and make an online purchase will receive one (1)* Sweepstakes entry for every $1.00 spent (example: purchase $42 from www.ECSTuning.com and receive 42 entries into the Sweepstakes). No limit on number of entries received with a purchase on www.ECSTuning.com and/or www.Turnermotorsport.com. Gift Card purchases are not eligible to receive entries.

*Purchases of items/products from the following brands will automatically receive five (5) Sweepstakes entries for every $1.00 spent: ECS, TURNER MOTORSPORT, APR, DINAN, SCHWABEN, ASSEMBLED BY ECS, PACKAGED BY TURNER, ZIZA, BREMEN PARTS; and receive three (3) Sweepstakes entries for every $1.00 spent: LIQUI MOLY, HENGST, CTS, AWE, BOSCH, and receive two (2) Sweepstakes entries for every $1.00 spent: MEYLE, MEYLE HD, ZIMMERMAN, CSF, UNITRONIC, POWERFLEX, POWERFLEX BLACK, VARGAS, HAWK, ELRING, HPA MOTORSPORTS, ACL BEARINGS, HELLA, PAGID.

Method of Entry 3 (Sweepstakes only – No purchase required.):
Eligible Entrants who wish to enter the Sweepstakes without making any kind of purchase, can go to https://promos.mardenkane.com/ecstuning/Amoe/ and/or https://promos.mardenkane.com/turnermotorsport/Amoe/ and complete the required Entry form, including email address, first and last name, address, city, state/province, zip code/postal code, phone number and vehicle information (year, make model and sub-model); agree that you are 18 years of age or older at time of entry and accept the terms and conditions of these Official Rules, during the Promotion period. All fields must be complete to be eligible. Earn two (2) entries per completed form. No limit on the number of forms completed/entries earned. 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 the sweepstakes is prohibited.

Normal internet access, phone, and usage charges imposed by your online or phone service may apply. If you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.

There is a limit of three Instant Win game plays per person/email address per day on each of the promotion websites (SpintoWin.ECSTuning.com and SpintoWin.TurnerMotorsport.com). All instant win prize claims are subject to verification, confirmation and compliance with these Official Rules. All unclaimed Instant Win game prizes will not be awarded.

Entries made with multiple e-mail addresses, under multiple identities or through the use of any agent or other device or artifice to enter multiple times will be deemed invalid. Multiple Game participants are not permitted to share the same email address. Mechanically reproduced, illegible or incomplete entries will not be eligible. All entries must be submitted in the name of an individual person and prizes can only be awarded to the person whose name is listed on the entry. Sponsor assumes no responsibility for incorrect or inaccurate entry information, human error or technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any computer equipment or software, or any combination thereof, or for lost, stolen, late or misdirected entries. All entries become the property of the Sponsor, and will not be acknowledged or returned. By entering the Promotion, entrants agree to the use by Sponsor and its designees of their names and photographs/likenesses for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet) without additional compensation except where prohibited by law. Upon request, Winners agree to consent to such in writing.

By entering this Promotion, any personal information entrants submit will be disclosed to the Administrator and Sponsor and will be used only by ECS Tuning and or Turner Motorsport consistent with their privacy policy. Sponsor may use entrants’ personal information, including postal and email addresses, to contact entrants regarding Sponsor related goods and services and any other offers and/or promotions that they believe might be of interest to entrants. (If you have previously asked us not to send you promotional emails, your entry into this promotion will cause you to receive emails related only to this promotion.) Special Note: ECS Tuning and or Turner Motorsport will make no use of Entrant’s telephone number or date of birth as a result of your Entry except to contact potential winner and to verify eligibility to enter.

Any information collected from the Promotion shall be used only in a manner consistent with the consent given by the Entrants at the time of entry, with these Official Rules, and with the Sponsor’s Privacy Policy found at https://www.ecstuning.com/PrivacyPolicy/ and Turner Motorsport’s Privacy Policy found at https://www.turnermotorsport.com/t-privacy/.

Winner Notification and Verification:
Instant Prize Winners: Instant Win Prize Winner(s) will receive an immediate message indicating they have won an instant prize as part of the game play. In addition to an online confirmation, Winners will receive a prize confirmation email to the email account they used to enter the Promotion. Daily Instant Win Prize Winners will receive their prize (uploaded to Winners account) within 1-2 business days following verification of eligibility and confirmation of winning game play.

Sweepstakes Prize Winners: Sweepstakes Winners (One (1) Grand Prize, One (1) Second Prize and One (1) Third Prize) will be selected in a random drawing on or about January 10, 2025 by Marden-Kane, Inc., an independent judging organization from among all eligible Sweepstakes purchase and non-purchase entries received. The potential Sweepstakes Winners will be contacted via e-mail by Marden-Kane Inc. on or about January 13, 2025. When a potential Winner accepts the prize, he/she will receive written confirmation via email, and will be required to complete and sign an Affidavit of Eligibility and Liability Release (or in Canada a Declaration of Compliance); and where legal, a Publicity Release; and for U.S. winners only an IRS Form W-9, all of which must be returned within 48 hours from prize notification date or the prize will be forfeited and awarded to an alternate potential Winner. U.S. winner(s) may also be required to furnish his/her social security number that will be used only for the purpose of reporting the Winner’s prize earnings to the Internal Revenue Service, as required by law. In the event of a Canadian winner(s), Sponsor will deduct any applicable withholding taxes imposed by the U.S. and applicable state governments from the value of the prize award and the value of the prize to be awarded will be adjusted accordingly. Failure to timely return any documents requested, return of prize notification as undeliverable, or noncompliance with these Official Rules will result in such potential Winner being disqualified. Sponsor shall have no further obligation to that potential Winner, and an alternate Winner will be selected.

Prizes/Odds (Prize credits to be fulfilled as an online credit to the account where the Entrant entered the promotion (ECS or TMS), including entries made by any of the three (3) methods of entry as stated above):
Sweepstakes: One (1) Grand Prize: $10,000 Gift Card ($10,000 credit to be uploaded into winners account upon completion and confirmation of clearance documents (as stated above). Retail Value (“RV”): $10,000.00. Note: Grand Prize Winner may take a cash alternative of $5,000 in lieu of the $10,000 Gift Card. One (1) Second Prize: $2,500 Gift Card ($2,500 credit to be uploaded into winners account upon completion and confirmation of clearance documents (as stated above). Retail Value (“RV”): $2,500. One (1) Third Prize: $1,000 Gift Card ($1,000 credit to be uploaded into winners account upon completion and confirmation of clearance documents (as stated above). Retail Value (“RV”): $1,000. Total ARV of all Sweepstakes Prizes: $13,500 USD.

Instant Prize Winners: Two Hundred and Twenty-Five (225) Prizes: 225 $20 Gift Cards ($20 credit to be uploaded into winners account within 1-2 business days of winning), Gift cards subject to certain terms and conditions as specified by issuer. Total ARV of all Instant Win Prizes: $4,500 USD.

No cash equivalents, transfers or substitution of prizes permitted except at the sole discretion of the Sponsors, who reserve the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All federal, provincial, state and local taxes on prize and all expenses related to acceptance and use of prize, not otherwise specified, are the sole responsibility of winner. The odds of winning an Instant Win Prize depends on the total number of eligible game-plays. The odds of winning a Sweepstakes Prize depends on the total number of eligible purchase and non-purchase entries received. In no event will more prizes be awarded than those listed in these Official Rules.

Total ARV of all prizes is: $18,000.00 USD. All prizes will be awarded in USD.

Conditions of Entry:
Use of any automated entry software is prohibited. Electronically reproduced, mechanically reproduced, illegible, incomplete or inaccurate entries are void. By participating, participants agree to comply with these Official Rules including all eligibility requirements and Sponsor’s decisions which are final and binding. In case of a dispute as to the owner of an online entry, online entry will be deemed to have been submitted by the authorized account holder from which the entry is made. Sponsor and its parent companies, affiliates, subsidiaries, divisions, advertising and Promotion agencies, Marden-Kane, Inc., and all of their officers, directors, shareholders, employees, and agents, (collectively “Releasees”) are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, inability to submit the online enrollment form, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this promotion, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Administrator’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Promotion, or if technical difficulties compromise the integrity of this Promotion, the Administrator reserves the right to void any entries at issue and/or to suspend, modify or cancel or terminate this Promotion, in whole or in part, at any time without notice and award the prizes in a random drawing from among all non-suspect eligible entries received as of the termination date. Caution: Any attempt by a participant or any other individual to deliberately damage any online service or web site or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made; the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.

DISPUTES AND CHOICE OF LAW:
Entrant agrees that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Sweepstakes, the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved. Entrant agrees that whenever you have a disagreement with Administrator or Sponsor arising out of, connected to, or in any way related to the Sweepstakes, the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy, you will send a written notice to the Sponsor (“Demand”). Entrant agrees that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before Entrant accepted these Official Rules or the Sponsor's and/or Administrator's Privacy Policy. Entrant must send the Demand to the following address (the “Notice Address”): ECS Tuning, 1000 Seville Road, Wadsworth, OH 44281, Attention; Legal Department. Entrant agrees that Entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after Entrant sends a Demand. If the disagreement stated in the Demand is not resolved to Entrant’s satisfaction within 10 business days after it is received, and Entrant intends on taking legal action, Entrant agrees that it will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of Entrant, Administrator, and Sponsor to litigate claims in court and Entrant, Administrator and Sponsor each agree to waive their respective rights to a jury trial or a state or federal judge. Entrant agrees that it will not file any lawsuit against Administrator or Sponsor in any state or federal court. Entrant agrees that if it does sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, Entrant must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, Entrant must affect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, Entrant may file its case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any dispute it has with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be Medina County, Ohio. Entrant agrees that it will not file a class action or collective action against Administrator or Sponsor, and that Entrant will not participate in a class action or collective action against them. Entrant agrees that it will not join its claims to those of any other person. Notwithstanding any other provision in the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances does entrant, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with Entrant to arbitration before the Arbitrator. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor’s in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio. This arbitration provision shall survive conclusion, modification or termination of the Sweepstakes and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of the parties relating to or arising from participation in the Sweepstakes.

ADDITIONAL RULES RELATED TO RESIDENTS OF CANADA:
Potential Canadian Winners will be required to correctly answer a time limited mathematical skill testing question administered by mail or telephone prior to award of any prize.

Privacy:
Information collected from participants is used only for the purpose of the prize drawing and to notify Winners, and will not be re-used, sold or shared in any manner by Sponsor or any third parties unless entrant has opted-in to receive additional information and promotional material from Sponsor or a third party. Once the Promotion, including any known or unknown extensions of the Promotion, has ended, all information supplied by entrants will be removed from the database.

Who Won?:
To request the list of winners, send an e-mail with subject line: "ECS Tuning/Turner Motorsport Winter IWG 2024" to winnerslist@mkpromosource.com. Requests must be received no later than February 14, 2025. The list will be sent when the sweepstakes drawing has been conducted and all winners verified.

Sponsor: ECS Tuning, 1000 Seville Road, Wadsworth, OH 44281.

Promotion Administrator: Marden-Kane, Inc., 575 Underhill Blvd, Suite 222, Syosset, NY 11791.