Rules

Hennessey Performance “Swag Stash Sweepstakes”

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT, OR ACCEPTANCE OF A PRODUCT OFFER, WILL NOT IMPROVE YOUR CHANCES OF WINNING.

THIS PROMOTION IS VALID ONLY IN THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC). VOID OUTSIDE THE UNITED STATES, QUEBEC, AND WHERE OTHERWISE PROHIBITED BY LAW.

BY ENTERING OR OTHERWISE PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO PLEASE READ THEM CAREFULLY BEFORE ENTERING. THIS CONTRACT REQUIRES YOU TO INDEMNIFY AND TO RELEASE ALL CLAIMS AGAINST THE PROMOTION ENTITIES (AS DEFINED BELOW). BY ENTERING THE SWEEPSTAKES, YOU ARE AGREEING TO MANDATORY, BINDING ARBITRATION WITH NO CLASS RELIEF, AND TO A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING ANY DAMAGES THAT YOU MAY RECOVER.

ELIGIBILITY: The Hennessey Performance Swag Stash Sweepstakes (the “Promotion”) is open only to legal residents of the 50 United States, the District of Columbia, and Canada (excluding Quebec) who are the legal age of majority in their jurisdiction of residence (19 years old in Alabama and Nebraska, 21 years old in Mississippi, and 18 years old in all remaining states and the District of Columbia). Employees of HPE Design LLC dba Hennessey Performance (the “Sponsor”), Marden-Kane, Inc. (the “Administrator”), their affiliates, subsidiaries, advertising, prize providers, promotion partners and internet agencies, and each of their respective officers, directors, and agents (collectively, the "Promotion Entities") and their immediate family members (spouse, parent, child, sibling, and grandparent) and/or those living in the same household of each are not eligible to participate in the Promotion. By participating in the Promotion, entrants agree to be bound by these Official Rules. Winning a prize is contingent upon fulfilling all requirements described in these Official Rules.

PROMOTION PERIOD: The Promotion begins at 9:00:00 a.m. Central Time (“CT”) on June 3, 2024 and ends at 11:59:59 p.m. CT on July 18, 2024 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.

Promotion will consist of a drawing to determine three (3) Finalists. The Finalists will compete in a Challenge to determine the Grand Prize Winner (Finalist will not be present for Challenge). Example of a Challenge (format of Challenge may change at Sponsors discretion): each Finalists is randomly assigned a ride-on trike and a driver (drivers are selected by Sponsor). The three drivers will drive their trike a lap around a track. The first driver to complete the race around the track will be confirmed as the Grand Prize Winner. In the event of a tie, the 1^st and 2^nd place drivers will compete in a second race to determine the Grand Prize winner.

THREE WAYS TO ENTER-- INCLUDING FREE, ALTERNATIVE METHODS OF ENTRY:

Online HennesseyShop.com Purchase Method of Entry: Internet access required.During the Promotion Period, eligible entrants will automatically receive one (1) entry for every $1 spent on eligible purchases of Hennessey Performance product items made online at https://hennesseyshop.com (the “Website”), up to the maximum number of entries as stated above. The number of entries you receive will be based on the list price of your eligible purchase (excludes discounts, sales tax, and shipping charges) and will be rounded up to the next $1 dollar increment. If a purchase is returned prior to the drawing, entry/ies associated with that purchase will be voided. All purchases are subject to Sponsor’s return policy found at https://hennesseyshop.com/privacy-notice. Your purchase transaction must be completed by 11:59:59 p.m. CT on July 18, 2024 to be eligible to receive entries. During the Promotion Period, entrant will have the opportunity to opt-in to receive further email communications from the Sponsor. Entrants are not required to opt-in to participate in this Promotion and opting-in will not increase your chances of winning. If an Entrant chooses to opt-in, the Entrant thereby grants the Sponsor permission to send him/her future communications regarding services, incentives, offers, promotions, or other messaging related to the Sponsor’s services and products, from which Entrant can unsubscribe from at any time.

Free Mail-in Method of Entry - No Purchase Required: NO PURCHASE REQUIRED ONLINE FREE METHOD OF ENTRY: Eligible individuals who wish to enter the Promotion without making any kind of purchase go to https://hennesseyshop.com and complete the required online free method of entry form (the “Form”), during the Promotion period. All fields must be complete to be eligible. Earn five (5) entries per completed Form. No limit on the number of Forms completed/entries earned. Personal information collected from entrant is used only for the purpose of this Promotion and will not be re-used, sold or shared in any manner, unless entrant agrees to receive further information on Sponsor’s merchandise and promotions. Use of computer programs and/or other automated devices to enter the Promotion is prohibited. Online Free Method of Entry must be uploaded no later than July 18, 2024 at 11:59:59 PM CT.

E-mail Sign-up Method of Entry - No Purchase Required: Sign-up to receive Hennessey Performance emails and receive five (5) entries without making any kind of purchase or payment. Limit one E-mail sign-up entry per e-mail address. Entrant may opt out of receiving emails at any time following the end of the promotion period (July 19, 2024). Current Hennessey Performance customers that signed up to receive emails prior to June 3, 2024, will automatically receive five (5) entries and do not need to sign up again).

To receive additional entries during an Entry Multiplier offer without making a purchase, follow the instructions for the Online Free Method of Entry above. When an Entry Multiplier is offered, Online Free Method Entries will be multiplied by the applicable Entry Multiplier. For example, one (1) completed Form receiving five (5) entries during a 10X Entry Multiplier offer will earn 50 entries (5x10=50). Timing for an Entry Multiplier offer will be determined solely by the Sponsor and will be announced by the Sponsor on their Website (at www.hennesseyperformance.com) and/or its social media pages.

Normal internet access, phone, and usage charges imposed by your online or phone service may apply. If you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.

No limit on number of entries earned from methods 1 and 2.

RANDOM DRAWING: A random drawing to select three (3) potential Finalists will be conducted on or about July 22, 2024 from among all eligible purchase and non-purchase entries received. The random drawing will be conducted by the Administrator, an independent judging organization whose decisions are final. Odds of being selected as a potential Finalist will depend solely on the number of eligible purchase and non-purchase entries received.

FINALIST NOTIFICATION: The potential Finalists will be contacted by email and/or phone by the Administrator and will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, and where lawful, a Publicity Release along with a copy of his/her valid driver’s license and will be required to complete a W-9 Tax form (the “Documents”). All completed Documents must be returned within 3 days (excluding Saturdays, Sundays, and Holidays) of attempted delivery of same. If a potential Finalist cannot be contacted or if he/she fails to sign and return required Documents or respond to a notification within the time specified, or return of any notification as undeliverable, or in the event a potential Finalist is deemed ineligible, fails to comply with the Official Rules, the potential Finalist will be disqualified and an alternate potential Finalist will be selected from all remaining eligible entries, time permitting. Prize award is contingent on eligibility verification and potential Finalist completing and returning all required Documents. If Sponsor, or Administrator acting on Sponsor’s behalf, is unable to determine and verify a potential Finalist after repeated alternate drawings, or if they fail to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right to not award any or all of the prize(s).

SCAM ALERT- Protect yourself from scams. If you are selected as a potential winner in one of our Promotions, our Administrator, Marden-Kane, will contact you via the phone number and/or the email address you provided on your order/mail-in entry form. You will NEVER be asked to provide a credit card, bank information or a payment of any kind as a condition of a prize award. Those are sure signs of Promotion scams. We do NOT use social media to contact winner of the Promotion. Prize winnings must be reported to the IRS when filing your tax returns, and any federal or state income taxes would need to be paid by you directly to the IRS. For more information, visit http://www.mardenkane.com/scammer-alert and/or Scam Alerts | FTC Consumer Information.

PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): One (1) Grand Prize – $25,000usd Cash. To be fulfilled in the form of a check. Total prize value: $25,000. Prize consists of only the item(s) specifically listed as part of the Prize. Two (2) 2^nd prizes – each Finalist that did not win the Grand Prize will receive $500 cash (in the form of a check). The approximate retail value (“ARV”) of the Total Grand Prize is: $26,000.

Additional disclosures for the Grand Prize: Additional disclosures for the Prize: Winner will be solely responsible for any federal, state, provincial and local taxes. The value of the prize is taxable as income and if winner is a US/DC resident they will receive an IRS form 1099; or if winner is a resident of Canada (excluding the Province of Quebec), they will be required to complete a W-8BEN Tax Form (or its equivalent) for the total value of the prize as stated herein. Winner must agree to claim the Prize at a Sponsor-specified location in Sealy, Texas within thirty (30) days of notification of availability from the Sponsor; failure to take delivery within 30 days of availability could cause the Prize to be forfeited and awarded to an alternate. Winner must possess required travel documents (e.g., a government-issued ID, passport), as applicable.

In the event winner is unable to take delivery of the prize, or is found to be ineligible for any reason, winner will be disqualified, and an alternate winner may be selected. Sponsor reserves the right to provide a prize of equal or greater value (where lawful), at its sole discretion. Prize cannot be substituted, assigned or transferred; however, Sponsor reserves the right to make equivalent prize substitutions at Sponsor’s discretion. Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen circumstances or those outside of Sponsor’s control. Only the number of prizes stated in these Official Rules is available to be won. If, by reason of a print, technical, or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

All details and restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.

WITHOUT LIMITING THE FOREGOING, WITH THE EXCEPTION OF ANY WARRANTIES PROVIDED BY THE MANUFCTURER AND/OR THE DEALER, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZE AND THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY BY SPONSOR OR ADMINISTRATOR OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WINNER ACKNOWLEDGES THAT SPONSOR AND ADMINISTRATOR HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY COMPONENT OF THE PRIZE OFFERED IN THIS PROMOTION, INCLUDING BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE, AND THE PRIZE VEHICLE MAY NOT MEET SAFETY OR EMISSIONS TESTING REQUIRED IN SOME STATES, AND/OR COUNTRIES/COUNTIES/MUNICIPALITIES. WINNER IS RESPONSIBLE TO CHECK THEIR COUNTRY/STATE/COUNTY/PROVINCE FOR APPLICABLE EMISSIONS REQUIREMENTS AND SAFETY INSPECTION REQUIREMENTS PRIOR TO ACCEPTING THE PRIZE AND MUST USE THE PRIZE IN ACCORDANCE WITH THOSE REGULATIONS. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK COUNTRY, STATE, PROVINCIAL AND LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

LIMITATION OF LIABILITY AND RELEASE: Entrants/winner agree to release, discharge and hold harmless the Promotion Entities, YouTube, Instagram, Twitter, and their respective affiliates, parents, subsidiaries, advertising and promotion partners and internet agencies, and each of their respective officers, directors, and agents, successors and assigns from and against any claim or cause of action or liability for any injuries, losses or damages of any kind (including but not limited to, personal injury, death, damage to property, or loss of property) arising in whole or in part, directly or indirectly, out of entry into or participation in the Promotion, or acceptance/receipt/travel to and/or from prize pick-up location, use, misuse, acceptance of, receipt of, or possession of the prize, or the use of any Promotion-related photo, video, and/or entry, or for any claims based on publicity rights, defamation or invasion of privacy. The Promotion Entities are not responsible if the Promotion cannot be administered or conducted as planned and/or any prize cannot be awarded due to cancellations, delays, or interruptions resulting or arising from acts of god, war, or terrorism, civil unrest, strikes, supply shortages, natural disasters, weather, pandemics, epidemics, compliance with any law or order of a governmental authority, or any other similar act, event or occurrence beyond the reasonable control of the Sponsor. By participating in this Promotion, entrants agree that the Promotion Entities will not be liable for any injuries, damages, or losses of any kind, including direct, indirectly, incidental, consequential or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with the Promotion or the downloading from and/or printing material downloaded from such website. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of theOfficial Rules, the Official Rules shall prevail, govern, and control. The Promotion Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize.

Publicity Release: Except where prohibited by law, acceptance of a prize constitutes permission and grant by winner (which grant will be confirmed in writing on request) of the right and permission for the Promotion Entities and their agencies to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including, but not limited to, the world wide web, at any times or times, winner’s nameand/or likeness, entry, picture, voice, likeness, opinions and biographical information (including, but not limited to, hometown and state), prize information, quotes attributable to winner, and any other elements of winner’s persona for advertising, trade and promotional purposes (including the announcement of their name on television or radio broadcast), for purposes of advertising and trade without further consideration, compensation, permission or notification, publication in a winners list or in a list to be used by sponsor and its designees and its partners to re-target entrants via email or any sponsor app.

By accepting a prize, winner understands and agrees that he/she may be videotaped, recorded and/or photographed as part of a prize award ceremony. Rights to any prize ceremony video, audio and/or photo belong solely to the Sponsor and can be used in any media throughout the world in perpetuity and in any manner at Sponsor’s sole discretion, without further review, notice, approval, consideration, or compensation to the winner or any third party.

NOTICE – Damage to website: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Released Parties are not responsible for faulty, incorrect, undeliverable or mistranscribed phone/e-mail/internet transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Promotion. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. Sponsor reserves the right to cancel or modify the Promotion if for any reason, the Promotion is undermined by any event beyond the Sponsor’s control, including but not limited to fire, flood, epidemic/pandemic, labor dispute or strike, act of God or public enemy, or any force majeure event or if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/it’s agencies, in their sole discretion. In the event of termination, a notice will be posted online and a drawing to award the Grand Prize will be conducted from among all eligible entries received prior to termination.The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, epidemic/pandemic, act of public enemies or any act outside of the Sponsor’s control/force majeure event, will not be considered a breach of these Official Rules. In the event a dispute arises regarding the identity of the entrant, entry will be deemed made by the person whose name appears on the online order form or mail-in entry. Any damage made to the Website by an entrant will be the responsibility of the entrant and/or the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individualif fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

PRIVACY: The Promotion Entities and their authorized agents will collect, use, and disclose the personal information you provide when you enter the Promotion for the purposes of administering the Promotion and prize fulfillment. By participating in this Promotion, Entrant consents to the collection, use, and disclosure of your personal information. Information collected from participants, including Entrant, is subject to Sponsor’s Privacy Policy, available at https://hennesseyshop.com/privacy-notice, and to Administrator’s Privacy Policy, available at https://www.mardenkane.com/privacy-policy.cfm (collectively, the “Privacy Policies”).

PLEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION.

CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: DISPUTE RESOLUTION, MANDATORY ARBITRATION, AND CHOICE OF LAW/JURISDICTION: This Promotion is offered only in the 50 United States, The District of Columbia and Canada (excluding Quebec). All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or the Promotion Entities in connection with the Promotion, 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 (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. The Promotion Entities’ failure to enforce any terms of these Official Rules shall not constitute a waiver of that or any other provision. By entering, entrant agrees that whenever you have a disagreement with the Promotion Entities (individually or collectively) arising out of, connected to, or in any way related to the Promotion, the Official Rules, or the Privacy Policies, you will send a written notice to the Sponsor (“Demand”). Entrant agrees that the requirements of this Dispute Resolution Section, defined as paragraph 8 of these Official Rules (“Dispute Resolution Section”), will apply even to disagreements that may have arisen before entrant accepted these Official Rules or the Privacy Policies. Entrant must send the Demand to the following address (the “Notice Address”): Hennessey Performance, 9281 SW I-10 Frontage Road, Sealy, TX 77474, Attention; Legal Department with a copy to Administrator at Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416. Entrant agrees that entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after entrant sends a Demand. This informal dispute resolution is in addition to, and does not waive, excuse, or supersede any pre-suit resolution process required by state or federal law before filing suit.

If the disagreement stated in the Demand is not resolved to entrant’s satisfaction within 10 business days after it is received, and entrant intends on taking legal action, entrant agrees that it will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). The Promotion Entities also agree that we will submit any and all disputes with entrant to arbitration before the Arbitrator. This arbitration provision limits the ability of entrant and the Promotional Entities to litigate claims in court and entrant and Promotional Entities each agree to waive their respective rights to a jury trial.

For any such filing of a demand for arbitration, entrant must provide proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, entrant may file its case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014, available at https://www.adr.org/sites/default/files/Consumer-Rules-Web_0.pdf (and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution Section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any and all disputes arising out of or relating to the Promotion or any disputes with the Promotion Entities including, but not limited to, disputes as to the interpretation or application of this Dispute Resolution Section or the validity of the arbitration agreement herein. The Arbitrator has authority to issue any and all remedies authorized by law, except that any requests for the remedy of public injunctive relief shall be brought in a court of competent jurisdiction. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be Sealy, Texas.

Entrant agrees that it will not file a class action or collective action against the Promotion Entities, and that entrant will not participate in a class action or collective action against them. Entrant agrees that it will not join its claims to those of any other person.

Notwithstanding any other provision in the Official Rules, or the Privacy Policies, if this class action waiver is adjudicated to be invalid by a court of competent jurisdiction, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in court. Entrants irrevocably consent to the sole and exclusive jurisdiction of the state or federal courts of the State of Texas located in the county of Sealy, Texas for any action, suit or proceeding arising out of or relating to this Promotion. Under no circumstances does entrant or the Promotion Entities agree to class or collective procedures in arbitration or the joinder of claims in arbitration.

The provisions of this Dispute Resolution Section shall survive conclusion, modification or termination of the Promotion and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of entrant or the Promotion Entities relating to or arising from participation in the Promotion.

SEVERABILITY: If any term or provision of these Official Rules is found under the law to be invalid or unenforceable, then such specific term or provision shall be of no force and effect and shall be severed, and the remainder of these Official Rules shall continue in full force and effect.

ADDITIONAL RULES RELATED TO RESIDENTS OF CANADA: If a potential Prize winner is a Canadian resident (excluding the Province of Quebec), by law, he/she must correctly answer, within a designated time period, a mathematical skill-testing question without the benefit of any calculating devices or any other help before the Prize will be awarded. If the potential winner cannot correctly answer the question within the given time limit, that person’s entry will be disqualified and no compensation will be given. An alternate potential winner will be randomly selected from all remaining eligible entries. If a winner is a resident of Canada they may receive compensation to cover expenses to claim the prize vehicle at Sponsor’s business address. The Winner must have all the required travel documents (within the pick-up time frame as stated above in section 6).

WINNERS LIST AND OFFICIAL RULES: The name of the Prize Winner will be posted on https://hennesseyshop.comon or about August 1, 2024 or after the Grand prize winner has been verified. The Official Rules will be posted at https://hennesseyshop.com throughout the Promotion Period and Prize Winner posting.

SPONSOR: Hennessey Performance, 9281 SW I-10 Frontage Road, Sealy, TX 77474.

ADMINISTRATOR: Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416.