NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
PROMOTION DESCRIPTION: The " Moto Guzzi Originals V7 RACER Prize Pack " Sweepstakes (the “Sweepstakes”) begins on or about October 2, 2012 at 12:00 p.m. Eastern Time (“ET”) and ends on March 31, 2013 at 11:59 p.m. ET (the “Promotion Period”). At the end of the Promotion Period, a random drawing will be conducted from among all eligible entries received during the Promotion Period to select up to one (1) prize winner as more fully set forth below. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Piaggio Group Americas Inc., located at 257 Park Avenue South, Floor 4, New York, NY, 10010 (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia and Canada (excluding Quebec) who are at least eighteen (18) years old at the time of entry. Officers, directors and employees of Sponsor, and each of their respective parents, subsidiaries, licensors, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such entities and individuals referred to collectively herein as the “Promotion Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Sweepstakes or win a prize. Entrants are providing information to Sponsor.
HOW TO ENTER: To enter the Sweepstakes visit www.motoguzzioriginals.com or www.v7racer.com (the "Website") and locate the Sweepstakes application (the "Application"). Follow the instructions provided to complete the Sweepstakes entry form. Upon completion of the entry form, you will receive one (1) entry in the Sweepstakes. Limit one (1) entry per person and/or household. All entries must be received by the end of the Promotion Period in order to participate. The Website's database clock will be the official time keeper for this Sweepstakes. All required information on the entry form must be completed to enter and to be eligible to win. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry.
WINNER SELECTION AND NOTIFICATION: At the end of the Promotion Period, one (1) prize winner will be randomly selected in a drawing from all eligible entries received throughout the Promotion Period. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. The prize winner will be notified by telephone and/or mail and/or e-mail and/or text message using the contact information provided at the time of entry within ten (10) days after the end of the Promotion Period. If, despite reasonable efforts, a potential prize winner does not respond within ten (10) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential prize winners of in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the prize may go unawarded. If a Canadian citizen wins a Prize, they will be required to answer, unaided, a mathematical skill-testing question.
PRIZE/ODDS: There is one (1) prize. The prize consists of one (1) Moto Guzzi V7 Café Olive Jacket (approximate retail value [“ARV”]: $194.95), one (1) Moto Guzzi Logo T-Shirt (ARV $73.95), and one (1) official authentic Moto Guzzi accessories credit of three-hundred dollars (ARV $300) applied to the ARV of official authentic Moto Guzzi accessories in Piaggio Group Americas warehouse stock at the time prize is awarded. The total prize pool ARV is $568.90. The ARV of the prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date a prize is awarded or redeemed. If the actual purchase price of the prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. Prize winner will choose official authentic Moto Guzzi accessories from those available, at the time prize is awarded, in the Piaggio Group Americas warehouse stock. No special orders, backorders, dealer inventory stock, third party accessories or any other method allowed. Accessories will be mailed by Piaggio Group Americas to the Moto Guzzi USA or Canada dealership nearest the winners home and the winner will receive them from the dealer.
Actual odds of winning depend on the number of eligible entries received during the Promotion Period.
GENERAL PRIZE CONDITIONS: Prize is non-assignable and non-transferable. Prize pictured in point-of-sale, online, television and print advertising, promotional packaging, and other promotional materials is for illustrative purposes only. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize or opportunities or comparable out-of-pocket cost value if any prize (or portion thereof) or opportunity listed is unavailable, in whole or in part, for any reason. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The potential prize winner (or, if the potential prize winner is under the age of majority in his or her state of residence [a "minor"], such minor's parent or legal guardian) may be required to execute an Affidavit of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner (or a minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), the prize winner may be disqualified and an alternate prize winner may be selected. All details and restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.
The Promotion Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PROMOTION ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes winner’s permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants (and any minor entrant’s parent or legal guardian) agree that the Promotion Entities (i) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed by the participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at www.arb-forum.com. If any part of this arbitration provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
WINNER’S LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: The " Moto Guzzi Originals V7 RACER Prize Pack " Sweepstakes Winners List, c/o Piaggio Group Americas Inc., 257 Park Avenue South, Floor 4, New York, NY, 10010. All such requests must be received within six (6) weeks after the end of the Promotion Period. These Official Rules will be posted on the Website during the Promotion Period.
SPONSOR: Piaggio Group Americas Inc., 257 Park Avenue South, Floor 4, New York, NY, 10010
© Piaggio Group Americas 2012. Moto Guzzi® is U.S. and worldwide registered trademark of Piaggio & C. S.p.A.