OFFICIAL SWEEPSTAKES RULES
“VulgarUSA#5 American Dream” Giveaway
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS IN NO WAY
SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH ANY
SOCIAL MEDIA PLATFORM, INCLUDING WITHOUT LIMITATION INSTAGRAM
FROM META (“SOCIAL MEDIA PLATFORM(S)”).
The “VulgarUSA#5 American Dream” Giveaway (the “Sweepstakes”) is intended for
legal residents of the contiguous United States of America (“USA”) and shall only be
construed and evaluated according to applicable USA law, and applicable
state/province law. Do not enter this Sweepstakes if you are not a resident of the USA
or are otherwise ineligible to enter in accordance with these Official Rules at the time of
entry. The Sweepstakes is sponsored by VulgarUSA LLC 4410 Reading Rd., Dayton,
OH 45420 (the “Sponsor”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the contiguous USA
(omitting Florida and New York) who are at least eighteen (18) years of age or have
reached the age of majority in their respective state of residence at the time 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 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 matters 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. EST on April 21, 2025
and ends at 11:59:59 p.m. EST on May 30, 2025 (“Sweepstakes Period”). The
Sponsor’s database computer is the official time-keeping device for Sweepstakes.
Two (2) methods of entry as follows:
1. Via Online Purchase – During the Sweepstakes Period, Entrants who make a
purchase through the Sponsor’s online shop at www.vulgarusa.com (the
“Website”) will automatically receive one (1) entry into the Sweepstakes for each
one (1) 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,
opportunities to earn additional entries (“Bonus Entry Periods”). During the Bonus
Entry Period, Entrants who make a purchase at the Website will automatically
receive between two (2), twenty (20), fifty (50) entries (defined by Sponsor) into
the Sweepstakes for each one (1) whole dollar spent.
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. Via Mail - During the Sweepstakes Period, eligible 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,
mailing the card in a #10 business-sized envelope, with proper postage affixed
“VulgarUSA” Sweepstakes PO Box 150, Macedon NY 14502-0150 (the “Mail-In
Entry”). All entries must be postmarked by May 30, 2025 and received by June 5,
2025. Each mail-in entry received with be worth ten (10) Sweepstakes entries.
No correspondence will be acknowledged or entered into; request for
confirmation of receipt of mail-in entries will not be acknowledged.
If a mail-in entry is postmarked during a Bonus Entry Period, it will be worth
five (5) times the Multiplier as designated by the Sponsor website.
Example: 20X Bonus Period would equal two hundred (200) entries.
**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 Administrator). Each Envelope must be
mailed individually. Bulk shipments of entries will not be accepted.
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. All information submitted by Entrants will be treated according to
Sponsor’s Privacy Policy, available at https://vulgarusa.com/policies/privacy-policy. By
entering the Sweepstakes and providing their email address and other contact
information, Entrants hereby agree to Sponsor’s collection and usage of their personal
information and acknowledge that they have read and accepted Sponsor’s Privacy
Policy.
GENERAL CONDITIONS: If for any reason the operation 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 time,
without notice and award the Grand Prize (defined below) using all non-suspect eligible
entries received as of, or after (if applicable) this cancellation, termination, 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 attempting to tamper with the entry
process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation
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. In the event of a dispute as to the identity of a
Winner based on an email address, the winning entry will be declared by the authorized
account holder of the email address associated with the registration in question.
"Authorized account holder" is defined as the natural person who is assigned to an
email address by an Internet access provider, online service provider or other
organization (e.g., business, educational, institution, etc.) that is responsible for
assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes,
Entrants agree to release and hold harmless the Released Parties and Social Media
Platforms from and against any claim or cause of action 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 Grand Prize
(defined below). Released Parties assume no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of, entries. Released
Parties 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. Entrants further agree that in any
cause of action, 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. Entrants waive 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 Parties 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 activities or the acceptance, possession, use or misuse of, or any harm
resulting from the acceptance, possession, use or misuse of a 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.
CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR
TERRITORY OF THE UNITED STATES, AND ANY PROVINCE OR TERRIORTY OF
CANADA, ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542
READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY
HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.”
DRAWING AND NOTIFICATION: The potential Grand Prize Winner will be selected in a
random drawing conducted by the Administrator. The Grand Prize drawing will be
conducted on or about June 7, 2024. Odds of winning the Grand Prize will depend on
the total number of eligible entries received throughout the Sweepstakes Period. The
potential Grand Prize Winner will be contacted by the Sponsor or Administrator via
phone, email, and/or USPS 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 1979
Camino that has an approximate retail value (“ARV”) $10,000 PLUS 2003 Harley
Davidson FXDX (“ARV”) $7,000 Cash (“Prize” or “Grand Prize”). Total Prize Value
$17,000.
NOTE #1: The Grand Prize Winner must travel to Dayton, OH (the “Location”) to
take possession of the selected Prize.
NOTE #2: The Grand Prize Winner understands and agrees that the Prize
ceremony 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.
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 the 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. All other expenses associated with
Prize acceptance or usage not specifically mentioned herein are the responsibility of the
Winner. Prize will be delivered to winner “AS IS.” Any upgrades or other options are at
the sole expense of the Winner. Sponsor does not make, nor in any manner is
responsible or liable for any warranty, representation or guarantee, expressed or
implied, in fact or in law, relative to the Vehicle including but not limited to its quality,
fitness for purpose or mechanical condition. Winner must have proof of a valid
USA/Canadian driver’s license from his/her state/province of residence to take delivery
of Vehicle; failure to show same may result in Prize forfeiture and selection of an
alternate Winner. Winner will be responsible for all optional equipment, title, license,
insurance and registration fees required in claiming the Vehicle, applicable taxes, as
well as, all other expenses relating to the use of Vehicle, 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 the Winner. Winner
may be required to show proof of insurance prior to taking delivery and pick up Vehicle
as directed by Sponsor. 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
counties. Winner is responsible to check their state/county for applicable emissions
requirements and safety inspection requirements prior to accepting prize and must use
Vehicle in accordance with those regulations. No substitution or transfer of the Prize will
be permitted, except by the Sponsor, who reserves the right at its sole discretion to
substitute the Prize with another prize of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: By accepting the Grand Prize, the Winner agrees
to release and hold harmless the Released Parties from and against any claim or cause
of action arising out of participation in the Sweepstakes or receipt or use of the Prize.
The potential Winner must sign and return to the Administrator within five (5) days of the
date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity
Release in order to claim the Prize. The Winner may also be requested to complete an
IRS W9 form 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. The Winner is solely
responsible for all matters relating to the Prize after 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 three (3) business days from the first notification attempt, if a potential Winner
fails to return requisite document(s) within the specified time 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.
By accepting the Prize, where permitted by law, the Winner grants to the Released
Parties and those acting 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 time 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 State of Ohio, 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 or jurisdiction’s laws. By participating in the Sweepstakes, Entrant
agrees that: (i) any and all disputes, claims, and causes of action arising out of or in
connection with the Sweepstakes, shall be resolved individually without resort to any
form of class action; (ii) any judicial proceeding shall take place in a federal or state
court within the State of Ohio; (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 Entrants, whether by operation 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.
WINNER LIST REQUEST: The name of the official winner will be announced at
www.vulgarusa.com.com on or about June 10, 2025 or after the winner has been
verified.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated
with, YouTube, Google, Apple, or by any prize manufacturer, Sponsor or Participant in
this Giveaway with no implied endorsement.