2016 CUSTOM MOTORCYCLE GIVEAWAY
OFFICIAL RULES AND CONDITIONS OF ENTRY
NO PURCHASE OR DONATION IS REQUIRED TO ENTER, PARTICIPATE OR WIN. A PURCHASE OR DONATION WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. DESCRIPTION. The CreatiVets 2016 Custom Motorcycle Giveaway (the “Promotion”) begins at 12:00 p.m. Central Time (“ET”) on June 18, 2016 and ends at 8:30 p.m. CT on June 18, 2016 (the “Promotion Period”).
2. SPONSOR. CreatiVets, 401 N. Country Club Drive, Addison, IL 60101 (the “Sponsor”). Sponsor reserves the right to modify, suspend, extend or cancel the Promotion (with or without notice) at any time in Sponsor’s sole discretion and may, but is not required to, substitute another promotion in its place. Sponsor further reserves the right to amend or change these Official Rules and Conditions of Entry (the “Official Rules”) at any time, in Sponsor’s sole discretion.
3. ELIGIBILITY. The Promotion is open only to legal residents of the fifty United States and the District of Columbia, excluding New York, Florida and Rhode Island, who are 18 years of age or older as of the date of entry (the “Entrants”) and who are able to meet all applicable licensing and insurance requirements and other applicable laws in order to take possession of the Prize. Employees, directors, officers, agents, representatives and their immediate families (spouses and siblings, parents and children and their spouses) and household members of the Sponsor, Chive Charities, Crusens, and any of their respective parent companies, subsidiaries, affiliates, vendors, service agencies and companies involved in the design, implementation and execution of the Promotion (collectively, the “Promotion Entities”) are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law.
4. AGREEMENT TO OFFICIAL RULES. By entering the Promotion, Entrants fully and unconditionally agree to be bound by and accept all terms of these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
5. HOW TO ENTER.
a. Donation. Entrants may enter the Promotion by visiting the entry booth outside of Crusens, located at 2117 West Farmington Road, West Peoria, IL (the “Crusens Entry Booth”) during the Promotion Period and making a donation to CreatiVets. Entrants must complete an entry form (available at the Crusens Entry Booth) and submit the completed form, together with the donation, at the Crusens Entry Booth.
b. Free Entry. Entrants may enter the Promotion without making a donation by visiting the Crusens Entry Booth during the Promotion Period, completing an entry form (available at the Crusens Entry Booth), and submitting the completed form at the Crusens Entry Booth.
All Promotion entries must be received by 8:30 p.m. CT on June 18, 2016 to be eligible. Only those entries actually received by Sponsor during the designated Promotion Period will be entered in the random prize drawings as set forth in Section 6 herein. All times are measured by Sponsor’s clock. Entrants may not submit more than one entry. Sponsor and the Promotion Entities are not responsible for lost, late, illegible/garbled, incomplete, damaged or misdirected entries. All entries become the property of Sponsor and the Promotion Entities and will not be acknowledged or returned. False or deceptive entries or acts will render the Entrant ineligible. Entrants will be entered into Sponsor’s e-mail list to receive the latest news and information from Sponsor. Entrants who do not wish to receive such e-mails may opt out upon receipt of the first e-mail or any e-mail thereafter by following the opt-out instructions provided therein.
6. WINNER SELECTION, PRIZE AND ODDS OF WINNING. Eligible Entrants that enter during the Promotion Period will be automatically entered in a random drawing for a Harley Davidson Sportster 1200 motorcycle with a customized CreatiVets paint scheme (the “Prize”). Total number of Prizes to be awarded: One (1). The Approximate Retail Value (“ARV”) of the Prize is $8,000. The random drawing will be conducted by Sponsor at Crusens on June 18, 2016 from among all eligible entries received during the Promotion Period. The Entrant need not be present at the drawing in order to win. The odds of winning depend on the number of eligible entries received. The odds of winning are equal, regardless of the method of entry.
7. WINNER NOTIFICATION. The selected potential Prize winner will be notified live at Crusens if such selected potential Prize winner is present at the drawing, or if not, then by e-mail and/or telephone within approximately ten (10) business days following the random drawing described in Section 6 above. If the selected potential Prize winner cannot be contacted, does not respond within three (3) days from the date Sponsor first tries to notify him/her, and/or the prize notification is returned as undeliverable, such selected potential Prize winner will forfeit the Prize, and Sponsor may, but is not required to, select an alternate Prize winner by random drawing from among all remaining eligible entries. Upon contacting the selected potential Prize winner and determining that he/she satisfies all eligibility requirements of the Promotion, including without limitation the execution of an affidavit of eligibility, liability release and publicity release as described in Section 8 below, such individual will be deemed the “Prize Winner”.
8. PRIZE CONDITIONS. Sponsor reserves the right, in its sole discretion, to substitute a Prize of the same or approximate retail value. No cash substitutions will be allowed. The Prize is non-assignable and non-transferable. As a condition to receiving the Prize, the eligible Entrant selected by the random drawing described in Section 6 above will be required to complete, sign, notarize and return an affidavit of eligibility, a liability release and a publicity release (where lawful) within the time period indicated on the winner notification and must provide Sponsor with his/her social security number for tax reporting purposes as Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of the Prize. The Prize Winner shall be responsible for complying will all applicable requirements for the registration and operation of the Prize, including but not limited to any licensing, inspection and insurance requirements, and in order to take delivery of the Prize, the Prize Winner must (i) provide valid motorcycle driver’s license or permit, as legally required in the Prize Winner’s state of residence, (ii) provide evidence of legally required automobile insurance at the time of delivery, and (iii) comply with any other state, federal or local laws, regulations or ordinances required to take delivery of the Prize. The Prize is awarded “as-is” with no warranty or guarantee express or implied by Sponsor or the Promotion Entities, and Sponsor makes no representation to the Prize Winner as to the fitness or suitability of the Prize for any purpose. Sponsor and the Promotion Entities are not responsible for the Prize Winner’s failure to meet applicable federal, state or local motorcycle ownership, licensing, insurance, or other requirements. Any applicable federal, state or local taxes and any expenses or costs incurred in connection with or incidental to receipt or use of the Prize, including but not limited to license fees, permit fees, insurance fees, safety course fees, title/registration fees, inspection fees, gasoline, other costs in connection with delivery of the Prize, and any other costs or expenses incurred in claiming or using the Prize, are the sole responsibility of the Prize Winner. If the Prize Winner declines to accept the Prize or is disqualified for failure to comply with the Prize conditions set forth herein, the Prize Winner will forfeit the Prize and the Sponsor may, but is not required to, award the forfeited Prize to an alternate winner selected by random drawing from among all remaining eligible entries. All Prize details will be determined by Sponsor in its sole discretion. The Prize awarded may differ from any depiction shown in any promotional materials in connection with the Promotion. Sponsor and the Promotion Entities are not responsible for and shall not be liable if the Prize is declined or undeliverable. The Prize Winner shall be responsible for taking delivery of the Prize at Crusens, located at 2117 West Farmington Road, West Peoria, IL, no later than July 16, 2016.
9. PUBLICITY. By entering the Promotion, Entrants consent to the use of their name, likeness and image for purposes of advertising, marketing and promotion of Sponsor, the Promotion Entities and the Promotion without compensation, except where prohibited by law.
10. NO LIABILITY. Entrants and the Prize Winner agree that Sponsor and the Promotion Entities, together with their respective officers, directors, managers, employees, representatives, agents, successors and assigns (together, the “Released Parties”) shall not be held responsible and shall have no liability for any claims, costs, injuries, losses or damages of any kind, including as a result of Sponsor’s or any Released Party’s negligence, resulting from their participation in this Promotion, including but not limited to, any injury or damage to person or property related to or resulting from participation in the Promotion, attending events or locations related to the Promotion, or the acceptance, possession, use or misuse of the Prize. The Prize Winner (or if the Prize is declined or undeliverable, the alternate Prize Winner) acknowledges that use of the Prize may be dangerous, and hereby acknowledges and agrees that the Prize Winner assumes all such risk related to the Prize. Sponsor and the Released Parties are not responsible for any typographical or other error in the printing of this offer, administration of the Promotion or announcement of the Prize. To the fullest extent allowed by law, the Prize Winner (or if the Prize is declined or undeliverable, the alternate Prize Winner) shall indemnify and hold harmless Sponsor and the Released Parties from all damages, losses or expenses, including attorneys’ fees, arising from any claims or damages for bodily injury, sickness, disease or death, or from any claims for damage to tangible property. This indemnification shall extend to claims resulting from use of the Prize and shall apply only to the extent that the claim or loss is caused in whole or in part by any negligent act or omission of the Prize user or owner. In addition, this indemnification shall be effective regardless of whether the claim or loss is caused in some part by one or more of the parties to be indemnified.
11. DISPUTES. Each Entrant agrees that any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any Prize awarded or the determination of the Prize Winner, which cannot be resolved between the parties, shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then in effect. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and Entrant further waives any and all rights to have damages multiplied or otherwise increased. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and Regulations or the rights and obligations of the Entrants, Prize Winner, Sponsor and the Promotion Entities in connection with the Promotion shall be governed by, and construed in accordance with the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Illinois or any other jurisdiction), that would cause application of the laws of any jurisdiction other than the State of Illinois.
12. WINNERS LIST. To obtain a copy of these rules or a winners list via mail, please mail your request, together with a self-addressed, stamped envelope, to: CreatiVets, Attn: Motorcycle Giveaway Winner’s List, 401 N. Country Club Drive, Addison, IL 60101. Requests received after August 18, 2016 will not be honored.
THIS PROMOTION IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER OR ANY OTHER FORM OF SOCIAL MEDIA. BY ENTERING THE PROMOTION, YOU AGREE TO RELEASE FACEBOOK, TWITTER AND ANY OTHER FORM OF SOCIAL MEDIA FROM ANY POTENTIAL LIABILITY IN CONNECTION WITH YOUR ENTRY AND PARTICIPATION IN THE PROMOTION. Harley Davidson, Inc. and its affiliates are not sponsors of this promotion and shall have no liability in connection therewith.