Official Rules and Terms & Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The BRAINJUICE “MAKKA MOTORBIKE GIVEAWAY” Sweepstakes (the “Sweepstakes”) is sponsored by:
BrainJuice, LLC (“Sponsor”)
3616 Far West Blvd., Suite 117-PMB#223
Austin, Texas 78731
Sponsor is responsible for all aspects of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments, or problems related to the Sweepstakes. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Cake O Emission USA Inc. (“Makka Bikes”). Entrant understands that the information provided in participating in the Sweepstakes is being provided by Sponsor and not by Makka Bikes. Entrant agrees to hold the Makka Bikes harmless against any and all claims and liability arising out of participation in the Sweepstakes.
2. PROMOTION PERIOD:
The “MAKKA MOTORBIKE GIVEAWAY Sweepstakes” begins at 12:00 AM Central Standard Time (“CST”) on January 26, 2024, and ends at 11:59 PM CST on April 315, 2024 (the “Promotion Period”). The database clock of Sponsor (defined below) shall be the official timekeeper for this Sweepstakes.
To enter this Sweepstakes, as of the beginning of the Promotion Period, you (“Entrant”) must be (a) a legal residents of the Forty-Eight (48) Contiguous United States and the District of Columbia, (b) eighteen (18) years of age or older at the time of entry, and (c) have Internet access, an email account and access to a personal computer or mobile device. Notwithstanding the foregoing, the Sweepstakes is not open to residents of Rhode Island and any Entry or Entries by residents of Rhode Island shall be void. Employees, officers, and directors of Sponsor, and Sponsor’s respective parent companies, subsidiaries, affiliates, distributors, retailers, sales representatives, and advertising and promotion agencies and their respective officers, directors, and employees (collectively, “Promotion Entities”) and each of their immediate families (parents, step parents, legal guardians, children, stepchildren, siblings, step siblings, or spouses and their respective spouses, regardless of where they reside) and person living in the same households as such individuals at least three months a year (whether related or not) are not eligible to participate in the Sweepstakes. By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and Terms & Conditions and to the decisions of Sponsor, which are final and binding in all respects. This Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
One (1) prize (the “Grand Prize”) will be awarded during the Sweepstakes. The prize to be awarded will consist of one (1) Makka Electric Motorbike.The Estimated Retail Value (“ERV”) of the prize is $4470.00.
The Grand Prize cannot be transferred, redeemed for cash or substituted. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if the Grand Prize described in these Official Rules and Terms & Conditions is unavailable or cannot be awarded for any reason. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the Grand Prize winner (“Winner”). Failure to comply with these Official Rules and Terms & Conditions will result in forfeiture of the Grand Prize.
THE GRAND PRIZE IS AWARDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE PROMOTION ENTITIES.
5. HOW TO ENTER:
This is a free Sweepstakes and you are not required to buy any product from Sponsor. The Sweepstakes must be entered by Entrant during the Promotion Period by one of the following methods (“Entry” or “Entries”):
No other method of entry will be accepted. The Sweepstakes is limited to one (1) entry per person. Automated or robotic Entries of any kind will be automatically disqualified. Any attempt by Entrant to obtain more than the stated number of Entries will void Entrant’s Entries and that Entrant may be disqualified. Sponsor assumes no responsibility for technical, electronic, network, or data transmission errors, malfunctions, or difficulties of any kind or any incorrect data contained in any Entries. Sponsor reserves the right to make any determination of eligibility for Entrant’s participation in the Sweepstakes, and such determination shall be final. If selected as the winner, Entrant may be required to provide additional information as needed to coordinate logistics.
Entrant must be the authorized account holder of the e-mail address used to enter the Sweepstakes. The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a discrepancy between the identity of the authorized account holder, the “winner,” and the entrant, Sponsor reserves the right, in its sole discretion, to determine whether the Entry is valid or to declare the Entry invalid and select an alternate winner from a random drawing of all remaining eligible Entries as set forth below.
6. WINNER SELECTION:
On or about April 30, 2024, Sponsor or its designated representative(s) shall conduct a randomized selection among all eligible Entries received throughout the Promotion Period. Odds of winning will vary depending on the number of eligible Entries received during the Promotion Period.
7. WINNER NOTIFICATION:
Winner will be notified by email at the email address provided in the Entry within five (5) business day after the random drawing following the Promotion Period. The potential Winner must accept the Grand Prize by email as directed by Sponsor within seven (7) days of notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. The Winner will be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively, the “Prize Claim Documents”). Additionally, Winner will be issued a Form 1099 and shall comply with Sponsor’s reasonable requests for information to issue said Form 1099.
If a Winner cannot be contacted via the email address he/she submitted with their entry to the Sweepstakes, or refuses or is ineligible to accept the Grand Prize, then Sponsor reserves the right to award the Grand Prize to the next highest randomly selected Entrant (a “Substitute Winner”). The Substitute Winner will be contacted as mentioned above and required to comply with the Grand Prize awarding process described above. In the event the Substitute Winner cannot be contacted as mentioned above or does not comply with the Grand Prize awarding process described above, the Grand Prize will not be awarded.
By accepting the Grand Prize, Winner hereby expressly grants to the Promotion Entities and each of their respective designees all rights and authority to use and publish his/her name, likeness (photographic or simulated), voice, state of residence, and any comments that Entrant may make/answer to questions Sponsor may provide, or any other information that Entrant provides about yourself, the prize, the Sweepstakes, or Sponsor for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Sweepstakes (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice, limitation, or any amount or kind of compensation or permission, except where prohibited by applicable law.
By entering the Sweepstakes, Entrant accepts and agrees to these Official Rules and Terms and Conditions and the decisions of Sponsor, which shall be final in all matters. By accepting the prize, Winner agrees to hold the Promotion Entities, each of their respective affiliates, and each of their respective shareholders, directors, officers, employees, members, agents, successors and assigns (collectively, “Released Parties”) harmless against any and all claims and liability arising out of use or redemption of the prize. Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Sweepstakes or use or redemption of the Grand Prize (or portion thereof).
10. LIMITATION OF LIABILITY:
Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to Entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, without liability to any Entrant.
11. CHOICE OF LAW AND JURISDICTION:
Except where prohibited, all issues or disputes concerning the construction, validity, interpretation, and enforceability of these Official Rules and Terms & Conditions, or the rights and obligations of Entrants or Winner, Sponsor, and Promotion Entities, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of Texas. Any action seeking legal or equitable relief arising out of or relating to the Sweepstakes or these Official Rules and Terms & Conditions shall be brought only in the courts in Travis County, Austin, Texas. Entrant hereby irrevocably consents to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have. Should any conditioned contained in these Official Rules and Terms & Conditions prove unenforceable, void or incomplete, the validity of the other conditions will remain unaffected.
12. WINNER LIST
For the name of the prize winner, available after April 30, 2024, send a self-addressed, stamped envelope to Sponsor at 3616 Far West Blvd., Suite 117-PMB#223, Austin, TX 78731.