Official Rules For @MotoAmerica Ticket Sweepstakes On Twitter
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED FOR THE APPLICABLE SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
By participating in any sweepstakes which is conducted by the @MotoAmerica Twitter account (the “Official Twitter Account”) and which links to these Official Rules (each, a “Sweepstakes”), you agree to these Official Rules. These Official Rules are a contract between you and the Sweepstakes sponsor, so read carefully before participating. These Official Rules include indemnities from you to the Released Entities (defined below) and a limitation of your rights and remedies. From time to time, the Official Twitter Account will post a Tweet which provides the Sweepstakes details, including the entry period, entry requirements and prizing (“Prompt Tweet”). You must follow the directions provided in the Prompt Tweet and comply with these Official Rules to be eligible to receive a prize in the Sweepstakes. The “Sponsor” of this Sweepstakes is Krave Group LLC dba MotoAmerica, 18004 Sky Park Circle, Ste 110, Irvine, California 92614 (“MotoAmerica” or “Sponsor”).
ELIGIBILITY: The Sweepstakes is open only to United States legal residents in the fifty (50) United States or the District of Columbia (“Eligible Territory”) who are eighteen (18) years of age (except in the case of residents of jurisdictions where the legal age of majority is greater than eighteen (18) years, such legal age of majority) or older at the time of entry. Employees, officers, and directors, and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and members of the same household (whether or not related), of the Sponsor, Government Employees Insurance Company (“GEICO”) or track or venue where a MotoAmerica race/event/exhibition is conducted (“Tracks/Venues”) and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any other entity associated with the Sweepstakes are not eligible to participate or win a prize. The Sweepstakes is subject to all applicable laws, rules, and regulations. Void outside the Eligible Territory and where prohibited or restricted by law, rule, or regulation.
HOW TO ENTER: You may enter the applicable Sweepstakes via Twitter or online entry form, as described below. No other method of entry will be accepted. The Prompt Tweet will specify the Sweepstakes entry deadline (“Deadline”), entry requirements and Prize(s). Limit one (1) entry per person/email address/Twitter account, per Sweepstakes, regardless of method of entry. Additional entries beyond the specified limit will be void.
RANDOM DRAWINGS; ODDS: Promptly following the Deadline for the applicable Sweepstakes, the potential winner(s) will be selected by random drawing from among all eligible entries received. Subject to verification of eligibility and compliance with these Official Rules, the potential winner(s) will be declared the official winner(s) of the applicable Sweepstakes. Odds of winning depend on the total number of eligible entries received.
PRIZES: The prize(s) and quantity of such prize(s) to be offered in each Sweepstakes shall be as specified in the Prompt Tweet (“Prize”). The approximate retail value of each Prize shall be $50.00-$500.00. Exact Prize details shall be determined in the sole and absolute discretion of Sponsor. Each winner is fully responsible for any and all applicable taxes (including income and withholding taxes). All costs and expenses associated with Prize acceptance and use which are not specifically included in the Prize description, including but not limited to transportation, lodging, meals, gratuities, insurance, and other expenses, are the sole responsibility of the winner. Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor and/or Tracks/Venues reserve the right to substitute any Prize (or any portion thereof) with a Prize of comparable or greater value at its sole and absolute discretion.
Additional conditions for any Prize that includes a MotoAmerica race, event, or exhibition tickets: TRANSPORTATION, MEALS AND LODGING NOT INCLUDED. Ticket types at the race/event/exhibition and, unless otherwise stated in the prize description, exact race/event/exhibition date shall be determined in the sole discretion of Sponsor and/or MotoAmerica. Each winner’s guest(s) must be of legal age of majority in his/her (their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. MotoAmerica race/event/exhibition dates and times are determined in the sole discretion of MotoAmerica and/or the applicable Tracks/Venues and may be subject to change. The terms and conditions of the tickets awarded as part of any Prize will govern in the event a race/event/exhibition, as defined by MotoAmerica or Tracks/Venues, is not held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Lost or stolen tickets once they are in your possession will not be replaced. Each winner and his/her guest(s) agree to comply with all applicable Tracks/Venues regulations in connection with the Prize. Sponsor and/or Tracks/Venues reserve the right to remove or to deny entry to any winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the race/event/exhibition. Released Entities (as defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any MotoAmerica race/event/exhibition. MotoAmerica race/event/exhibition tickets awarded as Prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture, and may invalidate the license granted by the race/event/exhibition ticket.
NOTIFICATION: Each potential winner will be notified at the email address, postal address, telephone number, and/or via direct message to the Twitter account (as determined by Sponsor) provided at the time of entry (the “Prize Notification”). In the event that any potential winner does not respond to Prize Notification within twenty-four (24) hours of the time of issuance (or such other timeframe as specified within the Prize Notification) or declines the Prize for any reason, a disqualification will result, the prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries. Each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor. Each potential winner may be required to execute, have notarized, and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, a Release of Publicity, within seventy-two (72) hours of the time of issuance (or such other timeframe as specified by Sponsor). Failure to submit any identification required by Sponsor or to return any required documents within the specified time period, noncompliance with these Official Rules, the return of Prize Notification or of the Prize (or any portion thereof) as non-deliverable may result in the potential winner’s disqualification and Prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential winner to be randomly selected from among all remaining eligible entries.
CONTENT RESTRICTIONS: Entrants must not include any of the following (the “Content Restrictions”) in any entry: (a) nudity, pornography, adult-oriented content, or any other explicit material; (b) materials relating to lotteries or gambling; (c) profanity, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) libelous, defamatory, disparaging, tortious, or slanderous materials; (f) content that denigrates, disparages, or reflects negatively on Sponsor, GEICO or Tracks/Venues, their owners and employees, or motorcycle racing; (g) tobacco, e-cigarettes, alcohol, or drugs; (h) dangerous stunts; (i) real weapons of any kind including, but not limited to, guns, knives, or projectiles; (j) material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; (k) individuals under legal age of majority without providing a signed release from parent or legal guardian; (l) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (m) material that is unlawful or otherwise in violation of or contrary to the laws or regulations where the entry is created. Any entry that does not comply with the foregoing, as determined in the sole discretion of Sponsor, will be disqualified.
ENTRY PUBLICATION, LICENSE, AND RELEASE: By entering the Sweepstakes, each entrant (a) agrees that his/her entry (excluding any Tweet of the Official Twitter Account which may be contained in his/her entry) is an original work of authorship and that he/she owns all right, title, and interest in the entry as of the date of submission, or has all necessary rights and authorizations to submit the entry, including the express permission of all individuals embodied in the entry, for possible use as provided herein; (b) agrees that his/her entry does or infringe upon the copyright, trademark, or other intellectual property rights, or rights of privacy or publicity, of any person or entity; (c) grants to Sponsor and Tracks/Venues and each of their respective designees the perpetual and unlimited right and license to use, license, edit, modify, duplicate, and/or create derivative works from his/her entry throughout the world and in perpetuity, including, but not limited to, the right for the foregoing entities to publish, display, broadcast, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit the entry via the Internet, at track or venue, on television, in print, and/or any other media currently existing and hereafter developed without limitation and without notice or payment of any compensation to the entrant or his/her heirs and successors: (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming, or services of the Sponsor, and Tracks/Venues or for any other advertising, marketing, and promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever; and (d) release in perpetuity the Released Entities (as defined below) from any claims, demands, losses, and liabilities of any nature arising out of or in any way connected with the entry and use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation, or infringement of rights of publicity or privacy. Nothing herein will obligate Sponsor, or Track/Venue to make any use of any of the rights set forth herein.
RELEASE OF LIABILITY: By entering the Sweepstakes, each entrant releases and discharges the Sponsor, GEICO, Tracks/Venues, and each of their parent(s), subsidiaries, affiliates, together with each of their respective officers, directors, members, shareholders, employees, independent contractors, representatives, agents, successors and assigns (collectively, the “Released Entities”), from any and all liability whatsoever in connection with this Sweepstakes, including without limitation any and all claims, costs, injuries, losses, damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”), and entrants and prize winners release and discharge the Released Entities from any and all Claims in connection with the administration of this Sweepstakes and the use, misuse, possession or redemption of a Prize. To the fullest extent permitted by law, prize winners shall indemnify and hold harmless the Released Entities 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.
PUBLICITY AND PRIVACY: By entering the Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor by direct message to Twitter account, telephone, email, and/or postal mail for Sweepstakes purposes. Each winner, by acceptance of the Prize, grants to Sponsor and its designees the right to publicize his/her name, city and state/territory/province of residence, prize information, photograph, voice, statements, and/or other likeness for advertising, promotional, trade, and any other purpose, in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. By submitting your information to Sponsor, you acknowledge and agree that your information will be transferred to (and used by) GEICO and Tracks/Venues.
GENERAL CONDITIONS: The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Released Entities are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, corrupted, or garbled entries, transmissions, post, email, or mail; lost, interrupted, or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections; availability, accessibility, miscommunications, or failures of computer, satellite, telephone, cable, or wireless transmissions or lines; computer hardware or software malfunctions, failures, or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines, telephone systems, wireless towers, or cellular tower equipment; any error, omission, interruption, defect, or delay in wireless or other transmission, processing, or communication; printing, typographical, or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements, or other materials; cancellation or postponement of any MotoAmerica race/event/exhibition; or any other errors, problems, or difficulties of any kind, whether human, mechanical, electronic, or other, relating to the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with administration of the Sweepstakes, processing of entries, announcement of any winner, or any Sweepstakes-related materials. Released Entities are also not responsible for any incorrect or inaccurate information, whether caused by website or Twitter users (e.g., hacking) or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrant’s or to any other person’s computer and/or wireless device related to or resulting from participating in this Sweepstakes [or downloading materials from or use of the Sweepstakes website]. Persons who tamper with or abuse any aspect of the Sweepstakes or website; attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices; intend to annoy, abuse, threaten, or harass any other entrant or any representative of Sponsor; or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes and to resolve all disputes in its sole discretion. THE RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, REGARDING THE SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor reserves the right, in its sole discretion, to modify, suspend, extend, or cancel the Sweepstakes (or any portion thereof) with or without notice at any time in Sponsor’s sole discretion, and may, but is not required to, substitute another Sweepstakes in its place. The failure of Sponsor or the Release Entities to comply with any provision of these Official Rules due to any event beyond Sponsor’s control, including but not limited to: fire; flood; earthquake; explosion; public health epidemic, pandemic or crisis; labor dispute or strike; act of God or public enemy; network or equipment failure; riot or civil disturbance; terrorist threat or activity; war (declared or undeclared); court order; or federal, state, or local government law, order, or regulation, will not be considered a breach of these Official Rules.. In the event of cancellation, Sponsor may elect to identify the winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of cancellation. Sponsor also reserves the right, in its sole discretion, to modify, amend or change these Official Rules at any time.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY ACCOUNT, WEBPAGE OR OTHER PROPERTY ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT AND SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro, or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on a Twitter account, the winning entry will be declared made by the Authorized Twitter Account Holder of the Twitter account used to enter the Sweepstakes, provided he/she is eligible according to these Official Rules. The “Authorized Twitter Account Holder” is defined as the natural person who is assigned to a Twitter account by Twitter, Inc. In the event of dispute as to the identity or eligibility of any potential winner based on email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at the time of entry, provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is the natural person to whom the applicable ISP or other organization (such as a business or educational institution) has assigned the submitted email address for the domain associated with such email address.
ARBITRATION; CLASS ACTION WAIVER: As a condition of entering this Sweepstakes, each entrant agrees that (a) any and all disputes, claims, controversies, or causes of action arising out of or relating to this Sweepstakes or any prizes awarded (each, a “Claim“) shall be (i) arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party and (ii) settled by binding arbitration in Orange County, California before a single arbitrator appointed by JAMS in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of California, U.S.A, applicable to contracts entered into and performed exclusively in that State.
WINNER LIST: For a winner(s) list, mail a request specifying the applicable Sweepstakes and Entry Period and a self-addressed stamped envelope to be received no later than ninety (90) days after the end of the applicable Entry Period to GEICO Twitter Sweepstakes Winners List, c/o Krave Group, LLC, 18004 Sky Park Circle, Ste 110, Irvine, California 92614.
This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter, Inc. By entering, you acknowledge that Twitter bears no responsibility for the Sweepstakes and you release Twitter from any liability whatsoever in connection with the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor, and not to Twitter.
TWITTER, TWEET, RETWEET and the Twitter logo are trademarks of Twitter, Inc. or its affiliates.
MOTOAMERICA® is a registered trademark of Krave Group LLC dba MotoAmerica.