NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
The following promotion is intended for participants in the United States (excluding Alaska, Florida, Hawaii, and New York) and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the official rules (“Official Rules“) below. Participants are providing information to Brenton Klauck (Motonosity) and not to a third party. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH YOUTUBE, INSTAGRAM, TWITTER, OR FACEBOOK.
- DESCRIPTION: The Motonosity MT-09 Giveaway (the “Sweepstakes”) begins at 12:01 am Central Time (“CT”) on December 23, 2020 and ends on March 31, 2021 at 11:59 pm Central Time (“CT”) (“Sweepstakes Period”). During the Sweepstakes Period, eligible “Participants” (defined below) will be invited to enter via the methods in Section 3 below (each a “Submission” and collectively the “Submissions”). The sponsor and administrator of this Sweepstakes is Brenton Klauck (Motonosity) (referred to herein as “Sponsor”).
- ELIGIBILITY: In order to be eligible to participate in the Promotion and to be considered as a potential winner, you must meet the following eligibility criteria (each, a “Participant”):
- be a legal United States resident physically residing within the contiguous United States or the District of Columbia. Void where restricted or prohibited by law;
- be at least eighteen (18) years of age and have reached the age of legal majority in their state of primary residence at time of entry; and
- must NOT be an employee, shareholder, officer, director, agent or representative of Sponsor, or any of Sponsor’s parent companies, affiliates, divisions, subsidiaries, agents, representatives or promotion and advertising agencies, nor can Participant be the Immediate Family Members and/or Household Member of such persons. For purposes of the Sweepstakes, “Household Members” shall mean those people who share the same residence at least three (3) months a year; “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
- HOW TO PARTICIPATE: There are two (2) ways to participate in the Sweepstakes.
- Shopping at Motonosity.com. You will receive 1 entry for every $5 you spend per individual order at motonosity.com (exclusive of taxes and shipping).
- Mail Entry. You may also enter the Sweepstakes by a mail-in entry. To enter via this method, all information must be handwritten. Write your first and last name, mailing address, phone number, and email address on an unlined 3 x 5 index card. On the reverse side, write the date of entry. You must mail your entry via first-class mail to “Motonosity, Attn: MT-09 Giveaway, PO Box 141836, Austin, Texas 78714”. Mailed entries must be received by March 31, 2020. Limit: 2 total mail in entries per day. Each entry must be stamped and mailed separately in a white, size A2 envelope.
- IMPORTANT: Sponsor will determine in its sole discretion which entries have satisfied the eligibility requirements. All entries must be received during the Sweepstakes Period. If entries exceed the entry limitations, the Participant may be disqualified, at the Sponsor’s sole discretion. Participants must accurately provide all of the requested information to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Participants becomes the property of the Sponsor. ELIGIBLE PARTICIPANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Participant’s understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Participant that the Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion and notice will be posted on these Official Rules.
- WINNER SELECTION AND NOTIFICATION: At the end of the Sweepstakes Period, one (1) potential grand prize winner will be randomly selected from all eligible entries received during the Sweepstakes Period. The potential grand prize winner will be notified by e-mail to either the e-mail affiliated with the entrants Motonosity online purchase or at the email provided in the mail in entry. The potential grand prize winner will be required to respond (as directed) to the notification within seven (7) days of attempted notification. The failure to respond timely to the notification may result in forfeiture of the grand prize. The potential winner will be required to verify address, sign, and return within three (3) days of initial notification one or more forms covering eligibility, liability, advertising and (unless prohibited by law) publicity rights and such other documents as Sponsor may require (collectively, “Prize Acceptance Forms”). Failure to return the Prize Acceptance Forms within the specified time period may result in forfeiture of the prize and selection of an alternate potential winner from the remaining eligible entries, time permitting. A prize will not be awarded and Participant will not be confirmed as the “Winner” until all such properly executed Prize Acceptance Forms are returned. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules. All federal, state and local taxes and any other costs and expenses, associated with the receipt or use of the prize are the sole responsibility of the Winner. As required by law, an IRS Form 1099 will be issued in the name of the Winner for the actual value of the prize received.
- ODDS: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
- GRAND PRIZE: There is one (1) grand prizes available. The grand prize consists of 2014 Yamaha FZ-09 (MT-09) customized by Brenton Klauck of Motonosity. Approximate Retail Value (“ARV”) of the grand prize is $4,000 USD. The Prize will be awarded “AS IS” without warranty by Sponsor of any kind. 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 this Giveaway, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Winner is responsible to confirm the safety and emissions requirements applicable to their state/county and must use vehicle in accordance with the required regulations. Vehicle may not meet safety or emissions testing required in some states and countries. The Sponsor will ship the car to the winner using a transportation service of the Sponsor’s choosing. Winner must have a valid driver’s license and evidence of legally required insurance prior to taking delivery. Winner is responsible with the following fees associated with receiving up the prize, including, but not limited to: gas, registration, etc. If the winner is unable to take delivery of the Prize vehicle, winner will be disqualified and an alternate winner may be selected. Winner cannot assign or transfer the prize to another person. No cash alternatives or prize substitution is allowed except at the discretion of Sponsor. If a prize cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute prize of equal or greater retail value may be awarded. Other restrictions may apply. Any depictions of prizes are for illustrative purposes only. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. NISSAN IS NOT AFFILIATED WITH THIS SWEEPSTAKES AND DOES NOT SPONSOR OR ENDORSE THIS SWEEPSTAKES.
- CONDITIONS OF PARTICIPATION/RELEASES: Sweepstakes is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Participant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize that he or she may win, each Participant agrees to release the Sponsor, and all entities involved in the production, sponsorship and/or promotion of the prize or any part thereof, and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and advertising and promotional agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals’ respective successors, representatives and assigns (collectively, the “Released Parties“) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of the prize. Each Participant authorizes the Sponsor and its designees to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner’s list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, release forms, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Sweepstakes; (v) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Sweepstakes. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, to select the Winner from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit you from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other players or Sponsor’s representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- INDEMNITY: Winner shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Winner’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach, of any of Winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
- DISPUTES: This Sweepstakes is governed by the laws of the United States and the State of Texas, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of Texas. As a condition of participating in this Sweepstakes, Participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
- ARBITRATION PROVISION: All disputes arising under or related to these Rules shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for conflicts of laws principles. All disputes arising under or relating to these Rules shall be submitted to and resolved by binding arbitration in Travis County, Texas, and any award shall be confirmed exclusively in the courts situated in Travis County, Texas. Entrant further irrevocably agrees and consents to the exclusive jurisdiction and venue of the courts situated in Travis County, Texas for the purposes of reviewing, confirming or otherwise relating to any arbitration award, and Entrant hereby expressly waives jurisdiction and venue in any other forum for such purposes. Any arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all findings of fact and conclusions of law, and shall be kept confidential and not disclosed for any purpose except as required by law, e.g., disclosure to tax advisors for the purpose of filing a tax return. Any such arbitration shall include a written record of the arbitration hearing.
- WINNER LIST/OFFICIAL RULES: To obtain a copy of the Official Rules and Winners list, send a self addressed stamped envelope to Sponsor at the address set forth above. Residents of Vermont are not required provide a self-addressed stamped envelope for return postage. All such requests must be received within six (6) weeks after the Winners have been announced.