MotoGP™ SWAG Bag Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. BUYING WILL NOT HELP YOU WN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES. A CURRENT VALID EMAIL ACCOUNT ARE NECESSARY TO PARTICIPATE. THIS SWEEPSTAKES IS OPEN TO CITIZENS AND LEGAL RESIDENTS OF CANADA (EXCLUDING QUEBEC) WHO ARE OF THE AGE OF MARJORITY IN THE PROVINCE OR TERRITORY OF RESIDENCE AT THE TIME OF ENTRY AND TO CITIZENS AND LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING FLORIDA AND NEW YORK), WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
The Sweepstakes (defined below) is governed by these Official Rules, Terms and Conditions (collectively, the “Official Rules”). The words “you,” “your,” “entrant” and “participant” as used herein refer to the natural person entering the Sweepstakes. The Sweepstakes is subject to all federal, state, provincial and local laws and regulations and is void outside the U.S., in Florida and New York, outside Canada, in Quebec, and where prohibited by law. Sponsor reserves the right, in its sole discretion, to amend or modify these Official Rules or modify, cancel or suspend this Sweepstakes, without prior notice, for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of Sponsor corrupts, or threatens to corrupt the security or proper administration of the Sweepstakes.
1. SWEEPSTAKES DESCRIPTION AND PERIOD: MotoGP SWAG Bag Sweepstakes (the “Sweepstakes”) begins on Monday, April 29, 2019 at 8:00 AM EST and ends on Thursday, May 2, 2019 at 12:00 PM EST (the “Promotion Period). All entries submitted online, or by mail-in must be received by Thursday May 2, 2019 at 12:00 PM EST (“Sweepstakes Deadline”). The Sponsor’s clock is the official timekeeper for the Sweepstakes.
All prizes are subject to compliance with these Official Rules. By entering this Sweepstakes, each entrant gives their express permission for Michelin to contact him/her by telephone, email and/or postal mail for Sweepstakes purposes only. In addition, entrants will be given the ability to opt-in to receive future email, updates, offers and promotional materials from Michelin; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s consent to receive such emails and consenting to receive such emails does not impact entrant’s chances of winning. Only entrants who opt-in will receive such offers. If you would prefer not to receive future contest mailings from us, or to have the entrant’s name removed from the mailing list for the Sweepstakes please write to: Michelin North America, Inc., One Parkway South, Attn: Two-Wheel Bldg. 3A, Greenville, SC 29615 or utilize the “unsubscribe” link in emails.
2. SPONSOR: This Sweepstakes is presented by Michelin North America, Inc., One Parkway South, Attn: Two-Wheel Bldg. 3A, Greenville, SC 29615.
3. ELIGIBILITY:VOID OUTSIDE THE UNITED STATES AND CANADA; VOID IN FLORIDA, NEW YORK, QUEBEC AND WHERE PROHIBITED BY LAW.With the exception of Florida and New York, the Sweepstakes is open only to citizens of the United States and to citizens of Canada (excluding Quebec). To be eligible for the Sweepstakes, an individual must: (i) successfully enter the Sweepstakes, the process of entry being described below; (ii) be at least eighteen (18) years of age or older or the age of majority in entrant’s state, province, or territory of residence on the date of entry submission; (iii) be a legal U.S. or Canadian resident; and (iv) not be an employee (full-time or part-time), an immediate family member or a member of the household of an employee of Sponsor, its parent company, subsidiaries or affiliates, its franchisees and their subsidiaries and affiliates, or any of their advertising and promotion agencies or any other business entity engaged in operating the Sweepstakes or selecting the Winners of the Sweepstakes. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final, binding and not disputable in all matters related to the Sweepstakes.
4. HOW TO ENTER AND REQUIREMENTS FOR PARTICIPATION: To enter, during the Promotion Period, Follow @michelinmotorcycle on Instagram (joining Instagram is free), comment on the MotoGP SWAG BAG post on @michelinmotorcycle’s timeline, and tag two unique friends per comment. There is no limit to the number of UNIQUE comments. All entries must bereceived during the Promotion Period, and entrants must provide the required contact information and meet eligibility requirements to be eligible. Enter using only anemail address subscribed to and registered in your name. In the event of a dispute aboutentries submitted by multiple individuals using the same email, entry will be deemed to have beensubmitted by the authorized subscriber of the email account used to enter the Sweepstakes at the actual timeof entry. The authorized email account subscriber is deemed to be the natural person who is assignedan email address by an internet service provider or other organization thatis responsible for assigning email addresses or the domain associated with the submitted emailMultiple entries per person/email address account in excess of the stated entry limits or any useof script, macro, automatic, programmed, or similar entry methods or agents (including, butnot limited to, sweepstakes-entry services) are prohibited and will void all entries by that entrant. Proofthat you submitted an entry is not proof of its receipt by Sponsor. Once submitted, entry cannot bemodified, deleted or cancelled. Entries become the property of Sponsor and will not bereturned.
Entrants may also enter by printing their name, email address, country, state or province on a postcard and mailing it toMichelin North America, Inc., One Parkway South, Attn: Two-Wheel Bldg. 3A, Greenville, SC 29615(“Mail Entry”). Each Mail Entry must be sent separately. All Mail Entries must be received by Sponsor no later than Thursday, May 2, 2019 at 12:00 PM EST.
Sponsor is not responsible for transactions or entries that are lost for any reason (including technical difficulty, network failure, omission), incomplete, inaccurate, interrupted, stolen, deleted, delayed, garbled, mutilated, damaged, illegible, late or misdirected or that are processed, reported undeliverable or transmitted incorrectly; or for printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or for other errors or problems of any kind whether mechanical, technical, human, telephonic, network, wireless or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize, the inability to access any web site associated with this promotion or process any transaction thereon or for inaccurate transmissions or failure to receive entry information on account of technical problems, traffic congestions on the Internet or any combination thereof. Any such entries will be void. Sponsor is not responsible for user cheating or fraud by any entrant and any activities intended to disrupt or interfere with the proper play of the Sweepstakes or defraud Sponsor in any way will be prosecuted to the fullest extent of the law.
If you participate by accessing the URL through a mobile device, based upon your mobile carrier, data rates may apply. Please check with your carrier to determine if you will incur charges before participating in this Sweepstakes. To participate in the Sweepstakes you do nothave to access the URL through a mobile device.
5. PRIZES/ODDS/TAXES: The Grand Prize is three MotoGP SWAG Bags including three back packs, three umbrellas, three key rings, three pairs of sunglasses and three ball caps. One ball cap is signed by Alex Rins, the winner of the MotoGP race held at COTA in Austin, Texas. One ball cap is signed by Suzuki teammate Joan Mir. One ball cap does not contain a signature. The Prize has an approximate retail value of $200 USD ($270 CDN).
6. Odds of Winning Prize(s):Odds of winning depend upon the total number of eligible entries received.
Sponsor bears no responsibility if any event, element or detail of a Prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of a Prize become unavailable, the Sponsor shall have no obligation to the Prize Winners. Sponsor reserves the right to substitute an alternate prize of equal or greater value if an advertised prize is unavailable at the time of the award.
Taxes and Other Expenses: Prize Winners will be solely responsible for any federal, state, provincial, territorial and local taxes, fees and/or any other expenses and costs associated with or imposed on the Prize. By entering, each entrant agrees that, if selected as a Winner, he/she will provide Sponsor with all information required for Sponsor to complete the appropriate tax forms and related documents (if any), including, without limitation a W-9 form.
Prizes are non-assignable and non-transferable. The Prizes must be accepted as awarded and have NO CASH VALUE and no cash alternative or prize substitutions will be allowed or awarded.
7. WINNER REQUIREMENTS: The Winner will be required to provide proof that he/she is in compliance with the requirements for winning the Prize, and is a legal resident of his/her state, province or territory of residency, that he/she has reached the age of majority in his/her state, province or territory of residency on the date of submission, and that he/she has proof of identity and verification of citizenship. Sponsor will be the sole arbiter as to the sufficiency of said proof. Except where prohibited by law, the Winner will be required to (i) correctly answer, without assistance of any kind, the Sponsor’s time-limited mathematical skill testing question (for residents of Canada); (ii) comply with all Official Rules; and (iii) execute and return a declaration of eligibility, in the form presented by Sponsor, within the time specified by the Sponsor attesting that/he has met the eligibility requirements. Entry constitutes acceptance of these Official Rules. Failure to comply with any of the Official Rules or procedures set forth herein will result in forfeiture of prizes and an alternate Winner may be selected.
8. DRAWINGS/ODDS/NOTIFICATION:At 3:00 PM ESTon Thursday, May 2, 2019, a random drawing will be held by Sponsor (or its authorized representative) through a random number generator from all eligible entries received during the Promotion Period, to select one Grand Prize winner. Potential prize winners will be notified on or about Thursday, May 2, 2019 by Instagram Message to the account provided at time of entry and may be required to complete, have notarized and return an Affidavit of Eligibility, Liability and, where legal,Publicity Release (collectively, “Eligibility and Release Documents”) within ten (10) business days of For Canada residents, the potential winners will be required, as a condition of winning a prize, to correctly answer, without assistance of any kind, the Sponsor’s time-limited, mathematical skill-testing question to be administered by email. All notifications will provide the potential winners with instructions on how to electronically submit their contact information to allow Sponsor (or Sponsor’s representative) to verify their eligibility and prize-winning status. Each potential prize winner must follow the instructions to provide the required information within forty-eight (48) hours of notification, or the prize may be forfeited and an alternate potential winner selected through another random drawing from among all eligible entries. Upon receipt of a Prize Winner’s claim and all required documentation, the Prize will be delivered to the Prize Winner no later than sixty (60) days after the date of the Winner selection.
In the event that technological, programming, printing, erroneous communications, human or other error causes more than the stated number of winners/prizes as indicated in these Official Rules, to be communicated, sent as notifications, distributed, announced, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the stated prize pursuant to a random drawing among all eligible entrants or as otherwise deemed fair and equitable by Sponsor.
9. WINNERS LIST: For the name of the prize winner, send an emailto TwoWheel.NA@michelin.com with the subject line “MotoGP SWAG Bag Sweepstakes Winner List” by April 30, 2019.
10. PUBLICITY:By entering the Sweepstakes, each entrant has the option to grant permission to Sponsor and its agents, designees, and licensees, without further compensation, to the use of the Entrant’s name, voice, photograph/likeness and any other information provided in Entrant’s entry for advertising and promotional purposes, worldwide and in perpetuity, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet), except where prohibited by law. Upon request and after selection of winners, each winner will be asked to provide Sponsor consent to such in writing. The winners do not have to provide such consent and Sponsor will not and cannot disqualify a winner if that winner withholds the requested consent.
11. GOVERNING LAW/JURISDICTION/DISPUTES: This Sweepstakes is governed by the laws of the United States and the state of South Carolina without respect to any conflict of law doctrines. As a condition of entry and participation, except where prohibited by law, entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a neutral one person arbitration panelwhich shall be located in Greenville, South Carolina having jurisdiction.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY: BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE SPONSOR, ITS PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND CONTEST AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED OR ACTUAL CLAIMS, COSTS, DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE), INJURY, LIABILITY, LAWSUITS, LOSSES AND COMPENSATION, INCLUDING ATTORNEYS’ AND OTHER LEGAL FEES, CHARGES OR EXPENSES, WHETHER FOR INJURY TO PERSON (INCLUDING DEATH AND INTENTIONAL TORTS), DAMAGE TO PROPERTY OR OTHERWISE, MADE AGAINST OR SUFFERED OR INCURRED BY ANY OF THE RELEASED PARTIES AS THE RESULT OF OR ARISING OUT OF ENTRANT’S (I) ENTRY, PARTICIPATION IN OR USE OF SWEEPSTAKES OR ANY SWEEPSTAKES ACTIVITIES; )II) ACCEPTANCE, DELIVERY, POSSESSION, USE OR MISUSE OF A PRIZE; (III) PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES OR ANY ELEMENTS THEREOF; OR (IV) ACCESS TO OR USE OF (OR FAILURE TO ACCESS OR USE) THE SWEEPSTAKES WEBSITE, DOWNLOADS FROM THE WEBSITE OR THE PRINTING OF MATERIAL FROM SWEEPSTAKES WEBSITE.
To the fullest extent permitted by law, entrants and Winners covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Sweepstakes Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Rules only to the extent of its invalidity, illegality or unenforceability, and these Rules shall be construed and enforced as if they did not contain the stricken provision.
13. INTELLECTUAL PROPERTY: All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are the property of Sponsor or their respective owners. All rights reserved.Unauthorized copying or use of any of the Sponsor’s intellectual property without the express written consent of the Sponsor is strictly prohibited.
ABBREVIATED RULES: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. You have not yet won. With the exception of Florida, New York, and Quebec the Sweepstakes is open to citizens of the United States who are 18 years or older and to citizens of Canada who are age of majority in their province or territory of residence at time of entry. Entries must be received between Monday, April 29, 2019 at 8:00 AM EST and Thursday, May 2, 2019 at 12:00 PM EST. To enter, during the Promotion Period, Follow @michelinmotorcycle on Instagram (joining Instagram is free), comment on the MotoGP SWAG BAG post on @michelinmotorcycle’s timeline, and tag two unique friends per comment. There is no limit to the number of UNIQUE comments. Grand Prize is three MotoGP SWAG Bags including one ball cap is signed by Alex Rins, the winner of the MotoGP race held at COTA in Austin, Texas. Sweepstakes sponsored by Michelin North America, Inc., One Parkway South, Attn: Two-Wheel Bldg. 3A, Greenville, SC 29615. Skill testing question required. Each eligible winner must sign declarations, waiver/releases, and/or other documents as required by Michelin. Participants must provide a valid current email address. This Sweepstakes is presented by Michelin North America, Inc. One Parkway South, Greenville, South Carolina, 29615.