Official Rules
“RevUp#3” Giveaway
OFFICIAL RULES
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. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED
OR ADMINISTERED BY, OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM
INCLUDING WITHOUT LIMITATION X CORP., (FORMALLY KNOWN AS TWITTER), META
PLATFORMS INC., INSTAGRAM INC., TIKTOK INC., OR GOOGLE LLC. (“SOCIAL MEDIA
PLATFORM(S)”).
The “RevUp#3 Giveaway (the “Sweepstakes”) is intended for legal residents of the United
States of America (“USA”) or Canada and shall only be construed and evaluated according to
USA law and Canadian law. Do not enter this Sweepstakes if you are not a USA resident or
Canada resident at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by RevUp Gear, 1122
Skyhaven Cove. South Weber, Utah 84405 (the “Sponsor”) and administered by American
Sweepstakes & Promotion Co., Inc., 300 State St., Suite 402, Rochester, NY 14614 (the
“Administrator”).
ELIGIBILITY: The Sweepstakes is open to legal residents of USA or Canada who are at least
eighteen (18) years of age or the age of majority, whichever is older, in their respective
state/province of permanent residence at 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 in Puerto Rico,
U.S. territories, and where prohibited or restricted by law. (For the avoidance of doubt, any
references in these Rules to Entrants shall also include the Entrants who are deemed the Prize
Winners (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 a Prize (as defined below) is contingent upon
fulfilling all requirements set forth herein.
TWO METHODS TO ENTRY: The Sweepstakes begins at 12:00:01 a.m. EST on September
23, 2024 and ends at 11:59:59 p.m. EST on October 31, 2024 (“Sweepstakes Period”). The
Sponsor’s database computer is the official time-keeping device for this Sweepstakes. Entrants
may enter in one of two (2) ways, as follows:
1). Online Purchase Entry: Entrants who purchase online (at www.RevUpGear.com (the
“Website”) will receive one (1) Sweepstakes entry for each $1.00 of merchandise purchased
(excluding tax and shipping) at the online store (“each, an Online Purchase Entry”). All online
entries must be received by 11:59:59 p.m. EST on October 31, 2024.
Proof of entering information at the Website is not considered proof of delivery to or
receipt by Sponsor of an entry. Internet entries must be made by the Entrant only at the
Website. Entries made by any other individual or any entity, and/or originating at any
other web site 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.
Note #2: “ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS PROMOTION IS
STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN
ENTRIES WITH THE INTENT TO RETURN THESE ITEMS AFTER THE PROMOTION. 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 OR PROMOTIONS OFFERED BY THE SPONSOR.”
2). Mail-in Entry: Entrants also have the option to obtain twenty (20) Sweepstakes entries via
mail by legibly hand-printing, on a 3”x 5” card or paper, their full name, complete mailing
address, phone number, and email address, and mailing the card in a #10 envelope, with proper
postage affixed, to: RevUp Gear Giveaway, PO Box 216, Macedon, NY 14502-0216. Each mail-
in entry must be mailed separately. All entries must be postmarked by October 31, 2024 and
received by November 7, 2024.
Each mail-in entry received will be worth twenty (20) Sweepstakes entries. 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: 10X Bonus Period would equal five hundred
(200) entries.
Your mail-in entry must have a postmark date that corresponds to a Bonus Period and be
received within five (5) days of each Period’s deadline. In the event a postmark date falls on a
Sunday or federal holiday, the mail-in entry must be postmarked on the following business day.
Mail-in entry card and envelope must be hand printed by the Entrant only. In addition, Entrants
are not permitted to use any 3 rd 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.
The Sponsor will not accept any returns during the Sweepstakes Period. The Sponsor will not
offer any refunds on purchases made during the Sweepstakes Period. Customers who initiate
chargebacks for purchases will be automatically disqualified and their entries removed from the
Sweepstakes. 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.
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 at
www.RevUpGear.com Personal information provided by Canadian Entrants will be used only to
administer the Sweepstakes.
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 Prizes (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 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 Prizes (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. 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 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.
RELEASE OF CLAIMS (CALIFORNIA): Entrant acknowledges that there is a possibility that,
subsequent to their involvement with the Sweepstakes and adherence to these Official Rules
may discover or incur or suffer claims which were unknown or unsuspected at the time agreeing
to these Official Rules, and which if known to them at that time may have materially affected
their decision to enter this Sweepstakes. Entrants acknowledge and agree that by reason of
these Official Rules, and the release contained in the preceding subsections, they are assuming
any risk of such unknown facts and such unsuspected claims. Entrants acknowledge that they
have read these official Rules and, as such, hereby have been advised of the existence of
Section 1542 of the California Civil Code, which provides:
“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 materially affect his or her settlement with the debtor or
released party.”
Entrants expressly waive any and all rights under California Civil Code Section 1542 and under
any other federal or state statute or law of similar effect.
DRAWING AND NOTIFICATION: The potential Grand Prize Winner will be selected in a
random drawing conducted by the Administrator. One (1) Grand Prize drawing will be conducted
on or about November 7, 2024. Two (2) First Prize winners will be randomly selected throughout
the Sweepstakes Period. Odds of winning a 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. First Prize
Winner will be contacted by Sponsor.
PRIZES: There will be one (1) Grand Prize and two (2) First Prizes available.
The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility,
will receive a 2014 Yamaha Bolt XVS950 that has an approximate retail value (“ARV”)
$4,250
Plus $2,000 Cash (“Grand Prize”). Total Grand Prize $6,250
Two (2) First Prize Winners (also, “First Prize”) will each receive $500 Cash
Award (“First Prize”). Total Prize Pool - $7,250.
Note #5: No substitution, assignment or transfer of the Prize is permitted, except by
Sponsor, who reserves the right to substitute the Prize or any Prize component with
another of comparable or greater value.
The value of the Prizes 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. The 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. The
Winner must have proof of a valid USA or Canadian driver’s license from his/her state or
province of residence to take delivery of vehicle; failure to show same may result in Prize
forfeiture and selection of an alternate Winner. The 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. The Winner
may be required to show proof of insurance prior to taking delivery and pick up vehicle as
directed by Sponsor. The 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. The Winner is responsible to check
their state/county/province for applicable emissions requirements and safety inspection
requirements prior to accepting the 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.
The value of the Prizes 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 a 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 Winners.
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 (5) 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 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.
Should the selected Winner be a Canadian resident, the selected Entrant must answer correctly
without assistance of any kind, whether mechanical, electronic, or otherwise, a mathematical
skill-testing question posed by mail or telephone. If the selected Entrant fails to correctly answer
the question, he/she will be disqualified, and another Entrant will be randomly selected. The
potential Grand Prize Winner who correctly answers the skill-testing question will be notified by
telephone and/or mail and/or email at the Sponsors’ discretion using the contact information
provided at the time 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 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.
For Selected Canadian Winner: The selected Entrant must answer correctly without
assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing
question posed by mail or telephone. If the selected Entrant fails to correctly answer the
question, he/she will be disqualified, and another Entrant will be randomly selected. The
potential Winner who correctly answers the skill-testing question will be notified by telephone
and/or mail and/or email at the Sponsors’ discretion using the contact information provided at
the time 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 a Prize, where permitted by law, the Winners grant 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
Winners also acknowledge 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 Utah, 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 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 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: To request confirmation of the first name, last initial, city, and state
of residence of each Winner, please send a self-addressed, stamped business size envelope,
by December 10, 2024 to: ASC/ “RevUp#3” Giveaway Winners List Request, 300 State St.,
Suite 402, Rochester, NY 14614.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with,
Instagram, YouTube, Facebook, Google, Apple, or by any prize manufacturer, Sponsor or
Participant in this Giveaway with no implied endorsement.
OFFICIAL RULES
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. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED
OR ADMINISTERED BY, OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM
INCLUDING WITHOUT LIMITATION X CORP., (FORMALLY KNOWN AS TWITTER), META
PLATFORMS INC., INSTAGRAM INC., TIKTOK INC., OR GOOGLE LLC. (“SOCIAL MEDIA
PLATFORM(S)”).
The “RevUp#3 Giveaway (the “Sweepstakes”) is intended for legal residents of the United
States of America (“USA”) or Canada and shall only be construed and evaluated according to
USA law and Canadian law. Do not enter this Sweepstakes if you are not a USA resident or
Canada resident at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by RevUp Gear, 1122
Skyhaven Cove. South Weber, Utah 84405 (the “Sponsor”) and administered by American
Sweepstakes & Promotion Co., Inc., 300 State St., Suite 402, Rochester, NY 14614 (the
“Administrator”).
ELIGIBILITY: The Sweepstakes is open to legal residents of USA or Canada who are at least
eighteen (18) years of age or the age of majority, whichever is older, in their respective
state/province of permanent residence at 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 in Puerto Rico,
U.S. territories, and where prohibited or restricted by law. (For the avoidance of doubt, any
references in these Rules to Entrants shall also include the Entrants who are deemed the Prize
Winners (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 a Prize (as defined below) is contingent upon
fulfilling all requirements set forth herein.
TWO METHODS TO ENTRY: The Sweepstakes begins at 12:00:01 a.m. EST on September
23, 2024 and ends at 11:59:59 p.m. EST on October 31, 2024 (“Sweepstakes Period”). The
Sponsor’s database computer is the official time-keeping device for this Sweepstakes. Entrants
may enter in one of two (2) ways, as follows:
1). Online Purchase Entry: Entrants who purchase online (at www.RevUpGear.com (the
“Website”) will receive one (1) Sweepstakes entry for each $1.00 of merchandise purchased
(excluding tax and shipping) at the online store (“each, an Online Purchase Entry”). All online
entries must be received by 11:59:59 p.m. EST on October 31, 2024.
Proof of entering information at the Website is not considered proof of delivery to or
receipt by Sponsor of an entry. Internet entries must be made by the Entrant only at the
Website. Entries made by any other individual or any entity, and/or originating at any
other web site 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.
Note #2: “ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS PROMOTION IS
STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN
ENTRIES WITH THE INTENT TO RETURN THESE ITEMS AFTER THE PROMOTION. 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 OR PROMOTIONS OFFERED BY THE SPONSOR.”
2). Mail-in Entry: Entrants also have the option to obtain twenty (20) Sweepstakes entries via
mail by legibly hand-printing, on a 3”x 5” card or paper, their full name, complete mailing
address, phone number, and email address, and mailing the card in a #10 envelope, with proper
postage affixed, to: RevUp Gear Giveaway, PO Box 216, Macedon, NY 14502-0216. Each mail-
in entry must be mailed separately. All entries must be postmarked by October 31, 2024 and
received by November 7, 2024.
Each mail-in entry received will be worth twenty (20) Sweepstakes entries. 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: 10X Bonus Period would equal five hundred
(200) entries.
Your mail-in entry must have a postmark date that corresponds to a Bonus Period and be
received within five (5) days of each Period’s deadline. In the event a postmark date falls on a
Sunday or federal holiday, the mail-in entry must be postmarked on the following business day.
Mail-in entry card and envelope must be hand printed by the Entrant only. In addition, Entrants
are not permitted to use any 3 rd 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.
The Sponsor will not accept any returns during the Sweepstakes Period. The Sponsor will not
offer any refunds on purchases made during the Sweepstakes Period. Customers who initiate
chargebacks for purchases will be automatically disqualified and their entries removed from the
Sweepstakes. 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.
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 at
www.RevUpGear.com Personal information provided by Canadian Entrants will be used only to
administer the Sweepstakes.
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 Prizes (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 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 Prizes (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. 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 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.
RELEASE OF CLAIMS (CALIFORNIA): Entrant acknowledges that there is a possibility that,
subsequent to their involvement with the Sweepstakes and adherence to these Official Rules
may discover or incur or suffer claims which were unknown or unsuspected at the time agreeing
to these Official Rules, and which if known to them at that time may have materially affected
their decision to enter this Sweepstakes. Entrants acknowledge and agree that by reason of
these Official Rules, and the release contained in the preceding subsections, they are assuming
any risk of such unknown facts and such unsuspected claims. Entrants acknowledge that they
have read these official Rules and, as such, hereby have been advised of the existence of
Section 1542 of the California Civil Code, which provides:
“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 materially affect his or her settlement with the debtor or
released party.”
Entrants expressly waive any and all rights under California Civil Code Section 1542 and under
any other federal or state statute or law of similar effect.
DRAWING AND NOTIFICATION: The potential Grand Prize Winner will be selected in a
random drawing conducted by the Administrator. One (1) Grand Prize drawing will be conducted
on or about November 7, 2024. Two (2) First Prize winners will be randomly selected throughout
the Sweepstakes Period. Odds of winning a 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. First Prize
Winner will be contacted by Sponsor.
PRIZES: There will be one (1) Grand Prize and two (2) First Prizes available.
The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility,
will receive a 2014 Yamaha Bolt XVS950 that has an approximate retail value (“ARV”)
$4,250
Plus $2,000 Cash (“Grand Prize”). Total Grand Prize $6,250
Two (2) First Prize Winners (also, “First Prize”) will each receive $500 Cash
Award (“First Prize”). Total Prize Pool - $7,250.
Note #5: No substitution, assignment or transfer of the Prize is permitted, except by
Sponsor, who reserves the right to substitute the Prize or any Prize component with
another of comparable or greater value.
The value of the Prizes 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. The 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. The
Winner must have proof of a valid USA or Canadian driver’s license from his/her state or
province of residence to take delivery of vehicle; failure to show same may result in Prize
forfeiture and selection of an alternate Winner. The 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. The Winner
may be required to show proof of insurance prior to taking delivery and pick up vehicle as
directed by Sponsor. The 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. The Winner is responsible to check
their state/county/province for applicable emissions requirements and safety inspection
requirements prior to accepting the 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.
The value of the Prizes 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 a 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 Winners.
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 (5) 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 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.
Should the selected Winner be a Canadian resident, the selected Entrant must answer correctly
without assistance of any kind, whether mechanical, electronic, or otherwise, a mathematical
skill-testing question posed by mail or telephone. If the selected Entrant fails to correctly answer
the question, he/she will be disqualified, and another Entrant will be randomly selected. The
potential Grand Prize Winner who correctly answers the skill-testing question will be notified by
telephone and/or mail and/or email at the Sponsors’ discretion using the contact information
provided at the time 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 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.
For Selected Canadian Winner: The selected Entrant must answer correctly without
assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing
question posed by mail or telephone. If the selected Entrant fails to correctly answer the
question, he/she will be disqualified, and another Entrant will be randomly selected. The
potential Winner who correctly answers the skill-testing question will be notified by telephone
and/or mail and/or email at the Sponsors’ discretion using the contact information provided at
the time 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 a Prize, where permitted by law, the Winners grant 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
Winners also acknowledge 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 Utah, 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 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 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: To request confirmation of the first name, last initial, city, and state
of residence of each Winner, please send a self-addressed, stamped business size envelope,
by December 10, 2024 to: ASC/ “RevUp#3” Giveaway Winners List Request, 300 State St.,
Suite 402, Rochester, NY 14614.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with,
Instagram, YouTube, Facebook, Google, Apple, or by any prize manufacturer, Sponsor or
Participant in this Giveaway with no implied endorsement.