The 2019 America’s Best Engine Shop Awards (the “Promotion”)
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. NOT OPEN TO THE GENERAL PUBLIC, ONLY OPEN TO SPECIFIC BUSINESS ENTITIES. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. HOW TO ENTER: Beginning June 17, 2019 at 12:01 AM (ET) through October 31, 2019 at 11:59 PM (ET), go to topenginebuilders.com, and complete and submit the appropriate initial entry form pursuant to the on-screen instructions to nominate a Qualifying Business-defined as a business whose primary function is engine building/rebuilding. You can either nominate your own Qualifying Business and enter the Promotion or you can nominate another Qualifying Business (a “Participant”) and enter it into the Promotion. If you nominate another Qualifying Business and enter it into the Promotion you must have the Participant’s written permission to do so. All Qualifying Businesses must meet the eligibility requirements set forth in these Official Rules. For the purposes of this Promotion a “Qualifying Business” is a business in one of the following categories (each a “Category”): Category definitions are as follows:
- Race Engine Shop – Business must have primary focus or specialize in Builder/Re-builder of performance engines used in competition.
- Vintage Engine Shop – Business must have primary focus or specialize in Re-builder of vintage or classic stock replacement engines for vehicles built prior to 1980.
- Diesel Engine Shop – Business must have primary focus or specialize in Re-builder of light truck diesel engines for either personal and/or commercial vehicles.
Separate entry forms will be available for self- or second party nominations in the Race, Vintage and Diesel categories.
Entities making the nomination (“Nominators”) must provide basic qualifying information requested about the Nominator and the engine builder being nominated (“Participant”), including the name, business name, address, email address, and any other requested information, and write an essay of at least 10 words and no more than 200 words, explaining why the Qualifying Business should be considered a builder of the year in the respective category (altogether “Nomination”). Limit one (1) Nomination per Nominator/email address. A Qualifying Business may only be nominated for the Promotion once and for only one Category. Nominations that do not provide all of the requested information may not be eligible.
2. SELECTION OF WINNERS: All eligible Nominations will be judged by a panel of judges (“Judges”) including Engine Builder staff and other industry representatives to be determined, on or about October 31, 2019 based on the following equally weighted judging criteria:
- How well the essay communicates the reasons and examples of why the Qualifying Business should be the shop of the year for the particular category.
In each category, the Nomination with the highest total score based on the above judging criteria will be deemed the potential Grand Prize winner in the respective Category, subject to verification. In the event of a tie, the tie will be broken by the highest score in the first judging criteria, if a tie remains the tie will be broken by the highest score in the second judging criteria, and so on until the tie is broken.
3. PRIZES & APPROXIMATE RETAIL VALUE:
Grand Prizes (3): Each Grand Prize winner in the applicable Category will receive an America’s Best Engine Shop Trophy, a feature story on their business in a 2019 issue of Engine Builder magazine and an America;s Best Engine shop t-shirt. Approximate retail value (“ARV”) $1,000 per prize.
Limit one (1) prize per person/household. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether it, in whole or in part, is used. Each winner will be required to furnish their Social Security number or tax identification number for the purpose of preparation of any tax forms as required by law and will be required to complete and return a W-9. Prizes won by an eligible winner who is a minor in his/her state of residence (18 years of age in Alabama or Nebraska) will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. Unclaimed prizes will not be awarded.
Grand Prize Award winners will be notified via phone, e-mail or postal mail on or about October 31, 2019. Engine Builder magazine is not responsible for any change of mailing address, email address and/or telephone number of entrants. Grand Prize Award winners’ names will be published online at www.topenginebuilders.com and www.enginebuildermag.com and in print in Engine Builder magazine. Potential winners (including the Nominators that submitted the Nomination as well as the Participant) are subject to verification, including verification that the Qualifying Business criteria are satisfied. Participants may be disqualified for: (a) failing to provide the required information or return the required documents in a timely manner; (b) a violation of any of these Official Rules (including failure to satisfy any eligibility requirements); or (c) any other reason affecting the fairness or propriety of this Promotion as determined by the Sponsors in their sole discretion. In the event of disqualification of a potential winner for any reason, Sponsors reserve the right to select an alternate potential winner.
4. ELIGIBILITY: Open to professional engine builders who are legal residents of the 50 United States and the District of Columbia who have reached the age of 21 in their state of residence at time of entry, unless otherwise stated in the Promotion. Void in Puerto Rico and where prohibited by law. Employees of Sponsors, their parents, affiliates and subsidiaries, participating advertising and promotion agencies and prize suppliers (and members of their immediate family and/or those living in the same of household of each such employee) are not eligible.
5. CONDITIONS OF PARTICIPATION: Nominators and Participants must have a valid e-mail address and it is their responsibility to update Sponsors of any change in e-mail address. Expenses not specifically included in prize description and all taxes are the sole responsibility of the Grand Prize Award winners. Each prize is awarded “as is” with no warranty or guarantee, either express or implied outside of manufacturer’s limited warranty. No transfer, assignment or substitution of a prize permitted, except Sponsors reserve the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. All federal, state and local laws and regulations apply. Nominators and Participants agree to be bound by the terms of these Official Rules and by the decisions of Sponsors, which are final and binding on all matters pertaining to this Promotion. Grand Prize Award winners will be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within seven (7) days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Nominators hereby further agree to sign any documents necessary to transfer copyright in the entry to Sponsors within seven (7) days following the date of first attempted notification. Acceptance of the prize constitutes permission for Sponsors and their agencies to use each Grand Prize Award winners’ name and/or likeness, biographical material and/or entry (including an altered form of the entry) for advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting a prize, Grand Prize Award winners agree to hold Sponsors, their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Promotion or acceptance or use of a prize. Sponsors are not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prizes.
6. INTERNET: Sponsors are not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsors or presenter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the internet portion of the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsors reserve the right in their sole discretion to cancel, terminate, modify or suspend the Promotion. Sponsors reserve the right to select winners from eligible entries received as of the termination date. Sponsors further reserve the right to disqualify any individual who tampers with the entry process. Sponsors may prohibit an entrant from participating in a Promotion if they determine that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such participant to the fullest extent of the law.
7. SPONSORS: The Sponsors of this Promotion are:
Engine Builder Magazine, Babcox Media
3550 Embassy Parkway
Akron, OH, 44333
8. Release of Liability: By participating in this Promotion, each Participant releases Sponsors, their officers, directors, agents, employees and all entities associated with the development and execution of the Promotion from any and all liability with respect to and in any way arising from participating in the Program, acceptance or use of prizes or entry rewards. Participants also agree that Sponsors and their officers, directors, agents, employees and all entities associated with the development and execution of this Promotion are not responsible or liable for any injury or damage to a Nominator’s, a Participant’s or a third party’s computer related to or resulting from the Promotion, the entries and/or the prizes. The Sponsors are not liable for damage to a user’s computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to a Nominator’s or Participant’s participation in the Promotion or downloading of information in connection with the Promotion.
9. Rights Granted by you: By entering this Promotion or accepting a prize or entry reward, you grant Engine Builder magazine, its subsidiaries, affiliates, designees or anyone acting on behalf of Engine Builder magazine, or its respective licensees, successors and assigns the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter discovered, in perpetuity and throughout the world, your entry, including, without limitation, your name, portrait, picture, voice, likeness, image or statements about the Promotion, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
10. Binding arbitration: These Official Rules, the Promotion and any cause of action arising from the Promotion shall be governed by and construed in accordance with the laws of the State of Michigan (exclusive of its choice of law provisions). Any controversy or claim arising out of or relating to these Official Rules or the Promotion shall be settled by final and binding arbitration in accordance with the rules of and shall be administered by the American Arbitration Association before a single arbitrator, with the proceedings to be held in Southfield, Michigan, and, in the case of any appeal permitted under those rules, exclusive jurisdiction and venue will rest with the federal and state courts in the State of Michigan, County of Oakland. Each party shall bear his/her own legal expenses in such arbitration.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE NOMINATOR’S OR PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THE PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE PROMOTION, EACH NOMINATOR AND PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE OR ENTRY REWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY NOMINATOR OR PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH NOMINATOR AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) EACH NOMINATOR’S AND PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND EACH NOMINATOR AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY NOMINATOR OR PARTICIPANT.
11. GOVERNING LAW & JURISDICTION: These Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrants, nominees, and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above must be resolved in, the federal or state courts in Oakland County, Michigan.
13. WINNERS LIST: To request a list of winners send your request to Babcox Media 3550 Embassy Parkway Akron, OH 44333, no later than 30 days after the end of the Promotion Period.