FUN'D REWARDS
OFFICIAL RULES
The FUN’D REWARDS Official Rules, together with the FUN’D REWARDS Terms & Conditions, govern and apply to all individuals who access, participate in, or otherwise engage with FUN’D REWARDS campaigns, promotions, sweepstakes, giveaways, and related promotional activities operated by FUN’D INC.
FUN’D REWARDS is a promotional customer rewards and sweepstakes-based program operated by FUN’D INC. The Program is intended solely as a promotional engagement and customer rewards ecosystem and does not constitute an offer to sell, solicitation to buy, or offering of any securities, investment contracts, partnership interests, equity interests, ownership interests, or financial instruments under applicable securities laws.
(NOT FINALIZED)
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR
WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE
CHANCES OF WINNING.
The “FUN’D #1” Sweepstakes (the “Sweepstakes”) is intended
for legal residents of the United States of America (“USA”) and Canada and
shall only be construed and evaluated according to applicable USA law, Canadian
law, and applicable state/province law. Do not enter this Sweepstakes if you do
not have residency in the USA or Canada or are otherwise ineligible to enter in
accordance with these Official Rules at the me of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored
by FUN’D Inc., 595 Bay Street, Toronto ON, Canada, M5G 2R3 (the “Sponsor”) and
administered by American
Sweepstakes & Promo on Co., Inc., 300 State St. Suite 402, Rochester, NY
14614 (the “Administrator”).
ELIGIBILITY: The Sweepstakes is open to legal
residents of the USA or Canada who are at least eighteen (18) years of age or
have reached the age of majority in their respective state/province of
residence at the me of entry (the “Entrants”). The Sponsor, the Administrator,
their respective parent companies, employees, officers, directors,
subsidiaries, affiliates, distributors, sales representatives and advertising
and promotional agencies, and the officers, directors, agents, and employees of
each of the foregoing (collectively, the “Released Parties”), and members of
their immediate families (defined as including spouse, biological, adoptive and
step-parents, grandparents, siblings, children and grandchildren, and each of
their respective spouses, regardless of where they reside) or households
(whether related or not) of any of the above are NOT eligible to participate in
this Sweepstakes. Non-eligibility or non-compliance with any of these Official
Rules will result in disqualification. Void
in Puerto Rico, USA territories or where prohibited or restricted by law.
(For the avoidance of doubt, any references in these Rules to Entrants shall
also include the Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating,
Entrants agree to abide by and be bound by these Official Rules and the
decisions of the Sponsor, which are final and binding in all manners relating
to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent
upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m.
Eastern Time (“ET”) on March
7, 2025, and ends at 11:59:59 p.m. ET on May 4, 2025 (“Sweepstakes Period”).
The Sponsor’s database computer is the official me-keeping device for the
Sweepstakes. Four (4) methods of entry are as follows:
1. Via Online Purchase – During the
Sweepstakes Period, Entrants who make a purchase through the Sponsor’s online
shop at www.fundinc.ca (the “Website”), will automatically receive one (1)
entry into the Sweepstakes for every whole dollar spent.
a. During the Sweepstakes Period,
the Sponsor may have certain products receive a two (2) to ten (10) multipliers
into the Sweepstakes for every whole dollar spent.
The number of entries received will be based on the pre-tax
amount of your eligible purchase excluding shipping/handling charges, less any
discounts. Throughout the Sweepstakes Period, the Sponsor may announce Bonus
Entries at the Website and/or on its social media pages, for opportunities to
earn additional entries (“Bonus Entry Periods”).
If an Entrant purchases a product receiving a multiplier
during a bonus period, they will receive between 2x to 10x the bonus entries
(i.e. 2x during a 100x bonus period will receive 200x total).
NOTE: ALL PURCHASES MADE FROM 3/7/25 THRU 3/30/25 WILL GENERATE SWEEPSTAKES ENTRIES FOR
FUN’D #1.
NOTE: ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS
SWEEPSTAKES IS STRICTLY PROHIBITED. IT
IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES WITH THE INTENT TO RETURN
THESE ITEMS AFTER THE SWEEPSTAKES ENDS.
IF THE SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR
ANY OTHER FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY
FURTHER SWEEPSTAKES OFFERED BY THE SPONSOR.
2. Current Member – During the Sweepstakes
Period, Entrants who are current members will automatically receive the
following number of entries based on their membership er for each monthly
transaction processed during the Sweepstakes Period:
Bronze – 2,500 Entries
Silver – 5,000 Entries
Gold – 10,000 Entries
Membership Entries will be multiplied by the following based
on dura on of membership:
3 Months – 1.5x Entries
6 Months – 2x Entries
9 Months – 2.5x Entries
12 Months – 3x Entries
3. Via Membership Purchase – During the
Sweepstakes Period, Entrants who purchase a membership through the Sponsor’s
Website will automatically receive the following number of entries based on
their membership:
Bronze – 2,500 Entries
Silver – 5,000 Entries
Gold – 10,000 Entries
4. Via Mail - During the Sweepstakes Period,
Entrants can obtain Sweepstakes entries by legible hand-printing, on a 3”x 5” card or paper, their full
name, complete mailing address, phone number, date of birth, email address, and
mailing the card in a #10 business-sized envelope, with proper postage affixed,
to: Dream Car Giveaway
#78, PO Box 18, Riverton, UT 84065 (the “Mail-In Entry”). All entries
must be postmarked by May
4, 2025, and received by May 9, 2025. Each mail-in entry received will
be worth two hundred fifty (250) Sweepstakes entries. If a mail-in entry is
postmarked during a Bonus Entry Period, it will be worth between five hundred
(500) to two hundred fi y thousand (250,000) Sweepstakes entries. For bonus
entries to be valid, the Entrant must write between 2x to 1000x on the bottom
lefthand corner of the envelope to signify what Bonus Entry Period they are
entering during. If an Entrant lists a Bonus Period that is inaccurate with the
postmark date, the entry will be disqualified. **NOTE: Mail-in entry card and
envelope must be hand-printed by the Entrant only. In addition, Entrants are
not permitted to use any 3rd party organization to assist with the entry
process in any way (as determined by the Sponsor). Each Envelope must be mailed
individually. Bulk shipments of entries will not be accepted. No correspondence
will be acknowledged or entered into; request for confirmation of receipt of
mail-in entries will not be acknowledged.
NOTE:
ALL MAIL-IN’S POSTMARKED FROM 3/7/25 THRU 3/30/25 WILL GENERATE SWEEPSTAKES
ENTRIES FOR FUN’D #1.
To be valid, each entry must provide all requested information.
Proof of entry information at the Website is not considered proof of delivery
to or receipt by Sponsor of an entry. Entries made by any other individual or
any entity, and/or originating at any other website or email address,
including, but not limited to, commercial Sweepstakes subscription notification
and/or entering service sites, will be declared invalid and disqualified for
this Sweepstakes. The use of automated entry devices is prohibited, and no
mechanically reproduced entries are allowed; all such entries are void. The
Released Parties are not responsible for late, incomplete, delayed,
undelivered, or misdirected entries. All entries become the exclusive property
of Sponsor and will not be acknowledged or returned except as provided herein.
By participating, you consent to Sponsor’s and its agents’ use of your personal
information for the administration of this Sweepstakes, or in any other manner
consistent with Sponsor’s Privacy Policy, available here.
GENERAL CONDITIONS: If for any reason the opera on or
administration of this Sweepstakes is impaired or incapable of running as
planned for any reason, including but not limited to (i) infection by computer
virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv)
technical failures, or (v) any other causes beyond the control of the Sponsor
which corrupt or affect the administration, security, fairness, integrity or
proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole
discretion, to disqualify any individual who tampers with the entry process,
and to cancel, terminate, modify or suspend the Sweepstakes in whole or in
part, at any me, without notice and award the Prize (defined below) using all
non-suspect eligible entries received as of, or a er (if applicable) this
cancellation, termina on, modification or suspension date, or in any manner
that is fair and equitable and best conforms to the spirit of these Official
Rules. Sponsor reserves the right, at its sole discretion, to disqualify any
individual deemed to be tampering or a emp ng to tamper with the entry process
or the opera on of the Sweepstakes or Sponsor’s Website; or ac ng in viola on
of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR
RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S)
RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these
Official Rules shall not constitute a waiver of that provision.
RELEASE AND LIMITATIONS OF LIABILITY: By participating
in the Sweepstakes, Entrants agree to release and hold harmless the Released
Par es from and against any claim or cause of ac on arising out of participation
in the Sweepstakes or receipt or use of any Prize, including, but not limited
to: (i) any technical errors that may prevent an Entrant from submitting an
entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing
errors; (iv) errors in the administration of the Sweepstakes or the processing
of entries; or (v) injury, death, or damage to persons or property which may be
caused, directly or indirectly, in whole or in part, from Entrant’s participation
in the Sweepstakes or receipt of the Prize (defined below). Released Par es
assume no responsibility for any error, omission, interruption, dele on,
defect, delay in opera on or transmission, communications line failure, the or
destruction or unauthorized access to, or altera on of, entries. Released Par
es are not responsible for any problems or technical malfunction of any
telephone network or telephone lines, computer online systems, servers, or
providers, computer equipment, software, failure of any email or entry to be
received by Sponsor on account of technical problems, human error or traffic
congestion on the Internet or at any Website, or any combination thereof,
including any injury or damage to Entrant's or any other person's computer relating
to or resulting from participation in this Sweepstakes or downloading any
materials in this Sweepstakes. Entrant further agrees that in any cause of ac
on, the Released Parties’ liability will be limited to the cost of entering and
participating in the Sweepstakes, and in no event shall the Released Parties be
liable for attorney fees. Entrant waives the right to claim any damages
whatsoever, including, but not limited to, punitive, consequential, direct, or
indirect damages. For New Jersey Residents: nothing herein bars recovery of
damages or attorneys’ fees where mandated by statute.
Except as expressly provided above, IN NO EVENT WILL
RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND
(INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE
ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE
ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold
harmless the Released Par es from any and all liability for any injuries, death
or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON
PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from
participating in this Sweepstakes or its related ac vi es or the acceptance,
possession, use or misuse of, or any harm resulting from the acceptance,
possession, use or misuse of the Prize. Released Parties are not liable in the
event that any portion of the Sweepstakes is cancelled due to weather, fire,
strike, acts of war or terrorism, pandemic, or any other condition beyond their
control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER
SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE
OR PROVINCE OR TERRITORY OF THE USA OR CANADA ARE HEREBY EXPRESSLY WAIVED BY
HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.”
DRAWING AND NOTIFICATION: The potential Prize Winner
will be selected in a random drawing conducted by the Administrator. The Prize
drawing will be conducted on or about May 10, 2025. Odds of winning the Prize will
depend on the total number of eligible entries received throughout the
Sweepstakes Period. The potential Winner will be contacted by the Sponsor or
Administrator via phone, email, and/or Canada Post mail.
GRAND PRIZE: There will be one (1) Grand Prize
available.
The Grand
Prize Winner (“Winner”), upon the Administrator’s confirmation of
eligibility, will receive a custom vehicle valued at $180,000 and a $60,000
prize check (collectively the “Prize” or “Grand Prize”). Approximate Retail
Value (“ARV”) - $240,000.
The value of the Prize set forth above represents Sponsor’s
good faith determinations of the ARV thereof and such determinations are final
and binding and cannot be appealed. If actual value of the Prize is lower than
the stated ARV when the Prize is procured and fulfilled, then the difference
will not be awarded.
Any costs associated with registration and licensing of the
automobile is the sole responsibility of the Winner. All other expenses
associated with Prize acceptance or usage not mentioned herein are the sole
responsibility of the Winner. Prize vehicle will be awarded “AS IS” without
warranty by Sponsor of any kind. Winner acknowledges that Sponsor has not made
nor is in any manner responsible for any warranty, representation, or
guarantee, express or implied, in fact or in law, relative to any Prize offered
in the Sweepstakes, including but not limited to its quality, mechanical condition
or fitness for a particular purpose. Prize vehicle may not meet safety or
emissions testing required in some states, and/or countries/municipalities.
Winner is responsible to check their state/county for applicable emissions
requirements and safety inspection requirements prior to accepting the Prize
and must use vehicle in accordance with those regulations. The Winner must agree to pick up
prize vehicle at a Sponsor-specified location in Bluffdale, Utah within thirty (30) days
of notification of availability from the Sponsor; failure to take
delivery within thirty (30) days of availability could cause prize to be
forfeited and awarded to an alternate. The Winner must possess required travel
documents (e.g., a government-issued ID, passport), as applicable. The Winner
must have a valid driver’s license which permits opera on of Prize vehicle in
the Winner’s state/province/territory of residence and evidence of legally
required insurance prior to taking delivery.
NOTE: Substitution, assignment or transfer
of the Prize is not permitted, except by Sponsor, who reserves the right to
substitute the Prize or any Prize component with another of equal or greater
value.
ADDITIONAL PRIZE CONDITIONS: By accepting the Prize,
the Prize Winner agrees to release and hold harmless the Released Parties from
and against any claim or cause of ac on arising out of participation in the
Sweepstakes or receipt or use of the prize in question on. The potential Winner
must sign and return to the Administrator, within three (3) days of the date of
notice or attempted notice is sent, an Affidavit of Eligibility, Liability
& Publicity Release (if USA resident) or a Declaration of Compliance (if
Canadian resident) in order to claim the Prize. The Winner may also be
requested to complete an IRS W9 form (or W8-BEN for a Canada resident). Note:
The Affidavit sent to a USA potential Winner will require that the
Winner provide their Social Security Number to the Administrator, which will be
used solely for tax reporting purposes. The Winner will be
responsible for all local, state, and federal taxes associated with the receipt
of the Prize. The Winner must note that the value of the accepted Prize is
taxable as income and an IRS Form 1099 will be filed in the name of the Winner for
the value of the Prize (applicable to USA Winner only). The Winner is solely
responsible for all matters relating to the Prize a er it is awarded. If a
Prize or Prize notification is returned as unclaimed or undeliverable to the
potential Winner, if a potential Winner cannot be reached or does not comply
with notification instructions within twenty-four (24) hours from the first notification
attempt, if a potential Winner fails to return requisite document(s) within the
specified me period, or if a potential Winner is not in compliance with these
Official Rules, then such person shall be disqualified and, at Sponsor’s sole
discretion, an alternate Winner may be selected.
Should a selected Prize Winner be a Canadian citizen, the
selected Entrant must answer correctly without assistance of any kind, whether
mechanical, electronic, or otherwise, a mathematical skill-testing questions on
posed by mail or telephone. If the selected Entrant fails to correctly answer
the questions on, he/she will be disqualified, and another Entrant will be
randomly selected. The potential Prize Winner who correctly answers the
skill-testing questions on will be notified by telephone and/or mail and/or
email at the Sponsors’ discretion using the contact information provided at the
me of entry. If the potential Winner is determined to be less than the age of
majority in his/her province of residence, then the potential Winner will be
disqualified, and an alternate winner will be selected in their place.
By accepting the Prize, where permitted by law, the Winner
grants to the Released Parties and those ac ng pursuant to the authority of
Sponsor and the Released Parties (which grant will be confirmed in writing upon
Sponsor’s request), the right to print, publish, broadcast and use worldwide IN
ALL MEDIA without limitation at any me their full name, portrait, picture,
voice, likeness and/or biographical information for advertising, trade and
promotional purposes without further payment or additional consideration, and
without review, approval or notification. The Winner also acknowledges that
Released Parties have neither made nor are in any manner responsible or liable
for any warranty, representation, or guarantee, express or implied, in fact or
in law, relative to the Prize.
DISPUTES: All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules or the rights and obligations of Entrants, Administrator, and Sponsor in
connection with the Sweepstakes shall be governed by and construed in
accordance with the laws of the Province of Ontario, without giving effect to
any choice of law or conflict of law rules or provisions that would cause the
application of any other state’s, province’s, or jurisdiction’s laws. By participating in the Sweepstakes, Entrant
agrees that: (i) any and all disputes, claims, and causes of ac on arising out
of or in connection with the Sweepstakes, shall be resolved individually
without resort to any form of class ac on; (ii) any judicial proceeding shall
take place in a court within the State of Utah; (iii) any and all claims,
judgments , and awards shall be limited to actual out-of-pocket costs incurred,
including costs associated with entering this Sweepstakes, but in no event will
attorney fees be awarded or recoverable; (iv) under no circumstances will
Entrant be permitted to obtain awards for, and Entrant hereby waives all rights
to seek, punitive, incidental, exemplary, consequential, special damages, lost
profits, other damages, and/or any rights to have damages multiplied or
otherwise increased; and (v) Entrant’s remedies are limited to a claim for
money damages (if any) and he/she waives any right to seek injunctive or
equitable relief.
SEVERABILITY: The invalidity or unenforceability of
any provision of these Official Rules will not affect the validity or
enforceability of any other provision. If any provision of the Official Rules
is determined to be invalid or otherwise unenforceable, the other provisions
will remain in effect and will be construed as if the invalid or unenforceable
provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full
and complete understanding with respect to the Sweepstakes and supersede all
prior and contemporaneous agreements, representations, and understandings,
whether oral or written. The headings herein are for convenience only, do not
constitute a part of these Official Rules, and shall not be deemed to limit or
affect any of the provisions hereof. No amendment to, or waiver of, any
provision of these Official Rules shall be effective unless in writing and signed
by both Sponsor and Administrator. The waiver by Sponsor or Administrator of
any provision of these Official Rules shall not constitute a waiver of any
other provision herein. The rights and obligations hereunder may not be
assigned by Entrant, whether by opera on of law or otherwise, without the prior
written consent of Sponsor, and any attempted assignment in violation of the
foregoing shall be null and void. These Official Rules shall be binding upon,
and inure to the benefit of, the permitted successors and assigns of Sponsor,
Administrator, and Entrant.
WINNERS
LIST REQUEST:
To request confirmation of the first name, last initial, city, and state/
province of residence of the Winner, please send a self-addressed, stamped
business size envelope, by April 20, 2025, to: ASC/FUN’D #71 Sweepstakes
Winners List Request, 300 State St. Ste. 402, Rochester, NY 14614.
This Sweepstakes is not in any manner sponsored, endorsed,
administered by, or associated with the vehicle manufacture.
SCAM ALERT - Protect yourself from scams. If you are
selected as a potential winner in one of our Promotions, our Administrator, American Sweepstakes & Promo
on Co. will contact you via the phone number and/or the email address
you provided to the Sponsor 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 Promo on scams. We do NOT
use social media to contact winner of the Promo on. For a US Winner, 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 Scams | Consumer Advice.