The MotoGP on SPEED Summer Thrill Powered by Honda Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
SWEEPSTAKES DESCRIPTION: The MotoGP on SPEED 2011 Summer Thrill Powered by Honda Sweepstakes (the "Sweepstakes") begins on May 1, 2011, at 12:01 a.m. Eastern Standard Time ("EST") and ends on June 5, 2011, at 11:59 p.m. EST (the "Sweepstakes Period"). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of SPEED Channel, Inc., located at 1220 W. WT Harris Blvd., Charlotte, North Carolina 28262 (the "Sponsor"), which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents of the 48 contiguous United States and Canada, who are 21 years of age or older are eligible to enter. Void in Alaska, Hawaii, Puerto Rico, the Province of Quebec and where prohibited by law. Sponsor, American Honda Motor Co., Inc, their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors and employees (collectively, the "Sweepstakes Entities"), are ineligible to enter the Sweepstakes or win the prize.
HOW TO ENTER: To enter, visit the web site www.speedtv.com/feature/motogp (the "Website") during the Sweepstakes Period, and complete the entry form with the information requested. Only online entries permitted. Limit one (1) entry per person and/or per e-mail address. Subsequent entries from the same person or email address will be disqualified. Any attempt by a person to enter more than once with multiple email accounts may result in disqualification at the discretion of the Sponsor upon prize verification. All entries must be received by the end of the Sweepstakes Period in order to participate.
DRAWINGS AND WINNER NOTIFICATION: The winners of the 2011 Sweepstakes drawings will be randomly selected from all eligible entries received throughout the Sweepstakes Period. The random drawings will be conducted by Sponsor on June 13, 2011, using randomization methods selected in its sole discretion. The potential winners will be notified by telephone and/or mail and/or email using the contact information given at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, the potential winner does not respond within five (5) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor will successively attempt to contact up to two (2) potential winners of the prize in accordance with such procedure, and if there is still no confirmed winner of the prize in question after such attempts have been made, the prize may go unawarded. Selected entrants who are Canadian residents will be required to correctly answer a skill question prior to being awarded any prize. An alternate selected entrant may be randomly selected from among the remaining eligible entries if a selected entrant is a Canadian resident, and fails to correctly answer the required skill question.
PRIZES/ODDS: One (1) "Grand Prize" is available. The Grand Prize consists of a trip for two (2) to Mazda Raceway at Laguna Seca, California to attend the MotoGP race July 22, 2011 through July 24, 2011. The trip includes: round-trip coach class air transportation from a major commercial airport nearest winner's residence (as determined by Sponsor in its sole discretion) to Monterey, California; standard hotel accommodations (single room/double occupancy) for 3 days/2 nights; a stipend of Fifty Dollars ($50.00) per diem, per person for food; a stipend of Seventy-Five Dollars ($75.00) towards ground transportation; admission for two (2) to attend the MotoGP; VIP passes to the Dorna managed hospitality with Behind the Scenes track walk and pit tour; a Ride-A-Long experience in either a bike or pace car (as determined by Sponsor in its sole discretion) and MotoGP/SPEED branded merchandise. The approximate retail value ("ARV") of the Grand Prize is Four Thousand Seven Hundred Seventy-Five Dollars ($4,775.00).
Grand Prize Winner and guest must be able to travel to Monterey, California on July 22, 2011 through July 24, 2011. Winners not able to travel on those dates will forfeit prize and an alternate Grand Prize Winner will be selected in a random drawing from among all eligible entries received. If Grand Prize Winner lives within one hundred (100) miles of Laguna Seca, California, ground transportation will be provided in place of air transportation. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if the prize listed is unavailable for any reason. Actual value may vary depending on winner's residence. In the event that a prize component is not available for any reason, then remaining elements of prize shall constitute full satisfaction of Sponsor's prize obligation to the winner and no additional compensation will be awarded. Grand Prize Winner and guest must take air travel on same itinerary. Grand Prize Winner is responsible for all incidentals/expenses not specifically mentioned as being included. Odds of winning depend on the number of eligible entries received.
GENERAL PRIZE CONDITIONS: The prize winners 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 prize. The potential winners will be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner is not of legal age of majority in his or her state of residence (a "minor"), at Sponsor's option, the applicable prize either will be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner will be required to ratify and sign Prize Claim Documents. If a winner (or, in the case of a minor, such 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, the winner may be disqualified and an alternate winner may be selected. The Grand Prize trip is subject to air/ground travel availability, holiday and blackout dates and all other prize and travel restrictions may apply. No compensation will be made in the event that the trip does not occur, or does not occur within a certain time period, due to circumstances beyond Sponsor's control.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: This Sweepstakes is subject to these Official Rules and all federal, state and local laws and regulations. Acceptance of a prize constitutes winner's permission for Sponsor 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 Sweepstakes Entities (A) 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 (B) 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 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 submissions or 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 unsportsman-like 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. In the event of a dispute as to the identity of the entrant, any on-line entry will be deemed submitted by the authorized account holder of the e-mail account from which it was sent, provided such account holder must still meet the eligibility requirements for the Sweepstakes. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes or any particular Sweepstakes drawing 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 or particular Sweepstakes drawing as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes or a particular Sweepstakes drawing 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 (e.g. SARS), 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, or terminate the Sweepstakes in its entirety or the affected Sweepstakes. If the Sweepstakes or a particular 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. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. 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. By entering the Sweepstakes, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event will entrant's attorneys' fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant further agrees to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that the Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (i) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, ii) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, or (iii) by any other cause, condition or event whatsoever beyond the control of the Sweepstakes Entities or their parents, subsidiaries and affiliated companies.
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.
IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR SWEEPSTAKES AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT'S PARTICIPATION IN THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE SWEEPSTAKES ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
WINNERS' LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners' list, send a self-addressed stamped envelope (WA, VT and Canadian residents need not affix return postage) to MotoGP on SPEED 2011 Summer Thrill Powered by Honda Sweepstakes Winners' List, 1220 W. WT Harris Blvd., Charlotte, North Carolina 28262. All such requests must be received by July 1, 2011. These Official Rules will be posted on the Website.
PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at http://www.speedtv.com/privacy/. By entering the Sweepstakes, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Sweepstakes Entities for the purpose of Sweepstakes administration and prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as explicitly described herein.
SPONSOR: SPEED Channel, Inc., located at 1220 W. WT Harris Blvd., Charlotte, North Carolina 28262