- Overview. The FUEL YOUR SUMMER SWEEPSTAKES (the “Promotion”) is sponsored by Octane Lending, Inc. (“Octane”). The Promotion is a sweepstakes program pursuant to which powersports dealers who meet the eligibility criteria set forth in Section 3 below and are properly enrolled in, and accepted into, the Promotion pursuant to the requirements of Section 5 below, may earn prizes in the form of (25) weekly $1,000 Prize Equivalents, and (1) Grand Prize Formula 1 Experience valued at $25,000.
- Terms and Conditions. These Promotional Terms and Conditions (“Terms and Conditions”) govern the operation of the Promotion, superseding any and all terms, conditions, or rules previously discussed or in effect with respect to the Promotion. In the event of a discrepancy between these Terms and Conditions and any advertising/collateral material, the Terms and Conditions shall apply. These Terms and Conditions will supplement the standard terms and conditions that appear on the dealer application form. By participating in the Promotion, the participant is accepting these Terms and Conditions in addition to the terms and conditions on the Octane dealer application form.
- Eligibility. NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. The Promotion is open only to powersports dealerships that (a) are located in a state in the continental (excludes Alaska & Hawaii) United States, excluding the District of Columbia (“Territory”), (b) are invited by Octane to participate in the Promotion (“Eligible Participant[s]”). If an Eligible Participant is a powersports dealership and has more than one location, all locations will be treated separately and will need to be accepted into the Promotion as individual entities for purposes of this Promotion. Octane and their respective parents, subsidiaries and affiliated companies, retailers, sales representatives, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion and each of their respective officers, directors, employees, representatives and agents (collectively, “Promotion Parties”), and their immediate family members and persons living in the same households of each (whether related or not) are not eligible to participate. The Promotion is subject to all applicable federal, state, provincial/territorial, local and municipal laws and is void outside the Territory and where prohibited by law. Octane may require proof of consent at any time and in any manner they deem appropriate. If Eligible Participants would like any further information or have questions about eligibility, they may contact Octane for clarification.
- Promotion Period. The Promotion shall take effect on JUNE 3, 2024 or your opt in date, whichever comes later, and expires on JULY 2, 2024 (the “Promotion Period”). Early opt-in will be available in the Octane Dealer Platform from MAY 14, 2024 to JUNE 2, 2024. Each Eligible Participant will be able to participate in the Promotion for the duration of the promotion from the date that it is approved to participate by Octane (“opt-in”). To be clear, Eligible Participant will be eligible to receive the benefits offered under this Promotion for Entries (defined in Section 7 below) from May 28, 2024 or the opt-in date, whichever comes soonest, within the Promotion duration.
- Participation. In order to participate in this Promotion and to qualify as an “Enrolled Participant”, there are two ways to enroll.
First, any dealership user in the Octane Dealer Portal can enroll online on behalf of the Eligible Participant(“Dealer”). Dealers that opt-in to the Promotion online, as set forth below, will be accepted. In order to complete enrollment online, the Eligible Participant must enroll (opt-in) to the Promotion on the Eligible Participants Octane dashboard.
Second, an owner, director, or officer of the Eligible Participant with multiple locations can request to opt in all of their dealerships at once via email.
- Participation Requirements. By enrolling in the Promotion, the Eligible Participant warrants and represents that they will comply with these Terms and Conditions and all applicable laws and regulations. To be eligible for participation in the Promotion, the Enrolled Participant must currently be and remain in good standing with Octane.
- How to Enter:
A. Submit a complete Dealer Application package + Submit a Loan Application between the periods May 28, 2024 – July 2, 2024*: 10 Entries
B. Submit a Loan Application between the periods May 28, 2024 – July 2, 2024: 1 Entry.
C. Fund a Loan Application between the periods May 28, 2024 – July 2, 2024**: 5 Entries.
Only entries submitted after opting into the Promotion, as described in section 4, shall be eligible towards the Promotion.
*Submission of a Loan Application after the submission of a Dealer Application package is subject to approval of the underlying Dealer Agreement by Octane’s subsidiary and licensed sales finance company Roadrunner Financial, Inc. (NMLS ID 1525116) in its sole discretion.
** Funded Loan Applications subject to repurchase or flat cancellation prior to the drawing date will not count towards the number of entries.
- Bonus Entries: During the Promotion Period, bonus entries will be awarded for all entries during specified entry dates for All-Star and MVP Dealers within the Octane Loyalty Program. Bonus entries will only be awarded in the month in which dealer is an active “Octane Preferred Dealer”. For more information and full Terms and Conditions on how to become an Octane Preferred Dealer click here.
- A. Bonus amounts will be announced as entry multipliers, such as “2X Entries”, “5X Entries”, “10X Entries”, etc. Entries for the applicable Entry method received during each Bonus Entry Period will automatically earn the entries times the multiplier announced for each Entry.
- Winner Selection and Notification. Octane will conduct a random drawing at the end of the Promotion period(s) from among all eligible entries received to select a total of twenty six (26) potential prize winners. The weekly prize drawings will include only entries made during the weekly period, while the grand prize drawing will include the cumulative entries from the entire Promotion period. Dealerships cannot win multiple weekly prizes. Odds of being selected depend on the number of entries received. The potential winner will be notified at the email address provided at the time of entry. You agree to allow Octane to notify you via email. Winner must confirm prize selection within ten (10) days after notification. Prizes may not be assigned or transferred. No prize substitutions. If a prize or prize notification is returned as undeliverable, or if a potential winner is determined to be ineligible for any reason, the potential winner will be disqualified, and the prize will be forfeited. Unclaimed prizes may not be awarded. For the names of the winner, please send a self-addressed stamped envelope postmarked by July 30, 2024 to Octane at 116 W. 32nd St., Floor 9, New York, NY 10001 Attn: Marketing – Fuel Your Summer Sweepstakes Winner Request. If you are a winner, by entering this promotion you consent to the release of your name in response to such requests.
- Winner Testimonial Authorization Release and Consent Agreement. By accepting a prize from the Promotion, the winner hereby grants Octane the irrevocable right in perpetuity to use the winner’s name, testimonial, image, voice, biography, interview, performance and statements (the “Likeness”) in all forms, printed publications, multimedia presentations, on websites or in any other distribution media, in whole or in part, without any restriction as to changes or alterations (including but not limited to composite or distorted representations or derivative works made in any medium), including any scenes containing the winner’s Likeness, and/or any recordings made of the winner’s likeness, for advertising, trade, promotion, exhibit, or any other lawful purpose in connection with publicizing or promoting Octane and as it relates to this Promotion. The winner waives any right to inspect or approve any and all finished products incorporating Likeness including digital or written copy that may be created and appear in finished products in connection with publicizing and promoting Octane. The winner will make no monetary or other claim against Octane for the use of the Likeness. Octane owns the copyright in the photographs or motion pictures containing Likeness and the winner waives any claims based on any usage of Likeness in connection with publicizing and promoting Octane, including but not limited to claims for either invasion of privacy or libel.
- Compliance with Terms. Enrolled Participants agree to comply with these Terms and Conditions and understand and agree that the decisions of Octane with respect to all aspects of the Promotion, including the construction and meaning of the Terms and Conditions, are final in all respects.
- Taxes. State and local taxes and use taxes are not included in the listed prices for the Promotion. However, taxes may apply to your purchases in various states, and will be added as a separate charge. If you are exempt from sales taxes, please submit documentation including a signed resale or exemption certificate. Failure to submit proper documentation may result in taxes charged to your order. You are responsible for any and all applicable federal, state, local, and other tax liabilities resulting from acceptance of the prize.
Reservation of Rights.
Octane reserves the right:
A. To terminate the participation of any Enrolled Participant in the Promotion.
B. To correct or amend the Terms and Conditions retroactively in the event of an error in the drafting of these Terms and Conditions. (Octane reserves the right to correct such error(s) and to have such correction apply retroactively to the start of the Promotion Period.)
C. To cancel the entire or part of the Promotion, or to modify the Promotion for any reason. Such actions may be taken by Octane in its sole discretion and for any reason at any time. Notice of any of these actions will be posted by Octane via email; and
D. To substitute a prize with another prize of equal or greater value if the advertised prize becomes unavailable.
Indemnity. By entering the Promotion and/or accepting any of the benefits thereunder, each Enrolled Participant agrees to indemnify, release and hold harmless Octane, its respective parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, representatives, successors and assigns (collectively the “Indemnitees”) for any costs, penalties or other damages the Indemnitees may incur in association with any investigations, claims, suits, actions, proceedings, or liabilities of any kind (including reasonable attorney’s fees and expenses associated therewith), which arise out of or are in any way connected to the Enrolled Participant’s breach of its obligations under the Promotion or these Terms and Conditions, its compliance or non compliance with any applicable laws or regulations, the acceptance of any prizes or discounts, and publicity, rights of privacy, or defamation.
NOTICE TO CALIFORNIA RESIDENTS
By entering the Promotion, you acknowledge that you are familiar with the provisions of California Civil Code Section 1452, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By entering the Promotion, the participant(on his/her behalf and on behalf of his/her heirs, executors, administrators, personal representatives, and all other persons asserting rights of or acting on behalf of the participant) hereby unconditionally waives and relinquishes any right or benefit which the participant or such person(s) have or may have against the Released Parties, under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Terms and Conditions and Octane’s Privacy Policy available here.
- Limitation of Responsibility. The Indemnitees are not responsible for: (a) lost, late, incomplete, inaccurate, undelivered, garbled, or lost enrollments; (b) interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections; (c) other technical failures or difficulties experienced with respect to the Promotion; (d) other errors of any kind, whether human, mechanical, electronic, network, typographical, printing or otherwise, relating to or arising under the Promotion or the earning or receipt of the benefits thereunder; (e) any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion; or (f) injury or damage to any computer or network related to or resulting from enrollment or participation in the Promotion.
- Dispute Resolution. Except where prohibited by law, Eligible Participants and Enrolled Participants agree that any and all disputes, claims, and causes of action brought or otherwise asserted by them or on their behalf against any of the Indemnitees that relate to or arise under this Promotion shall be (a) resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the State of Texas, in Dallas or Denton Counties; and (b) limited to actual out-of-pocket costs incurred, and in no event include attorneys’ fees and costs. All disputes, including those that involve the construction, validity, interpretation and enforceability of these Terms and Conditions, shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to conflicts of law principles. In the event an action is brought to enforce Octane’s rights under or arising from this Promotion, Octane shall be entitled to its actual attorney’s fees and court costs, unless the law requires otherwise. The venue and forum in this dispute resolution clause shall supersede any other venue and forum not subject to this Promotion.
Force Majeure. Octane shall not be liable for any expense, loss, or damage resulting from delay or prevention of performance caused by fires; floods; Acts of God; strikes; labor disputes; labor shortages; lack of or reasonable inability to obtain materials, fuel, supplies, or equipment; riots; thefts; accidents; transportation delays; an act or failure to act by the
Government; a major equipment breakdown; a declared state of emergency or pandemic; or any other cause beyond the reasonable control of Octane.
- Privacy. By participating in the Promotion, Enrolled Participants authorize Octane to collect, maintain, use, process and share their information, including, without limitation, names, email addresses, physical addresses, account and other information in accordance with Octane’s Privacy Policy. You can learn more about how Octane collects, maintains, uses, processes and shares your information in Octane’s Privacy Policy, which may be viewed at here. Octane’s Privacy Policy is merely a statement of administrative protocol; it is not a contract, nor does it create any contractual or legal rights. Octane’s Privacy Policy is not made, or intended to be made, a part of these Rules.
Communications. You agree to the receipt of mail, phone calls, and/or emails or otherwise electronic communication at the numbers/emails provided at enrollment for all purposes relating to this Promotion and to the receipt of messages about Octane’s products and services.
Questions related to this Promotion can be directed to Octane as follows: Octane Lending, Inc.
Attn: Marketing
116 W. 32nd St., 9th Floor
New York, NY 10001
Email: marketing@octane.co
- Severability. If any part of these Terms and Conditions is deemed unenforceable for any reason, the remainder of the Terms and Conditions shall remain in full force and effect.
- ANY ATTEMPT BY ANY PERSON OR ENTITY TO DISRUPT OR DAMAGE THE LEGITIMATE OPERATION OF THE PROMOTION WILL BE DISQUALIFIED FROM PARTICIPATION AND PURSUED TO THE FULLEST EXTENT OF THE LAW.
