Nextsportstar® Kawasaki Ninja 250R Motorcycle Contest Official Rules and Regulations
- 1. Contest Period: (the “Contest”) Commences at 6:00 PM (EST) on Friday, August 5 2011 and ends at 11:59:59 PM (EST) on May 20, 2012 (the “Contest Period”).
- 2. Eligibility: The Contest is open to anyone who has reached the age of eighteen (18) in their place of residence at the time of entry. Employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of the Contest Sponsor, their respective parent companies, subsidiaries, affiliates, distributors, prize suppliers, and advertising/promotion agencies (collectively, the “Contest Parties”) are not eligible to enter. The decisions of the Contest Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entries and/or entrants. No correspondence will be entered into except with selected entrants. This Contest is subject to all federal, state, provincial and local laws and regulations. Void wherever prohibited or restricted by law.
- 3. How to Enter: NO PURCHASE NECESSARY. To enter, simply register as a member (“star”) at www.nextsportstar.com. Once you have successfully completed the membership registration, you will automatically receive one (1) entry in the contest (“Registration Entry”). There is no charge for registering and entering the Contest. There is a limit of one (1) Registration Entry per person/email address upon registration during the Contest Period. If it is discovered that you have attempted to: (i) obtain more than one (1) Registration Entry per person/email address during the Contest Period; or (ii) use more than one (1) email address to enter the Contest; then (at the sole discretion of the Contest Sponsor) you may be disqualified from the Contest and all of your entries may be voided. Use of any automated system to enter or otherwise participate in this Contest is prohibited and will automatically result in disqualification.
If it is discovered that you have attempted to: (i) obtain more than one (1) Registration Entry per person/email address during the Contest Period; or (ii) use more than one (1) email address to enter the Contest; then (at the sole discretion of the Contest Sponsor) you may be disqualified from the Contest and all of your entries may be voided. Use of any automated system to enter or otherwise participate in this Contest is prohibited and will automatically result in disqualification.
- 4. The Prize and Approximate Retail Value: There will be one (1) Grand Prize available to be won.. The Grand Prize consists of: one (1) Kawasaki Ninja 250R motorcycle. The approximate retail value of the Grand Prize is $3,999.00 CDN excluding applicable taxes. The Grand Prize will only be awarded to the eligible entrant whose full name and valid e-mail address appears on the Nextsportstar.com membership registration. Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize: (i) Grand Prize must be accepted as awarded and is not transferable or convertible to cash (no substitutions except at Contest Sponsor’s option); (ii) the Grand Prize will be awarded at the Kahuna Powersports location in Toronto, Ontario, Canada and it is the sole responsibility of the winner to accept, drive and/or transport the Grand Prize at their own expense to the destination of their choosing; (iii) the costs of everything not specifically stated above as included in the Grand Prize are the sole responsibility of the winner including, without limitation: applicable federal, state and municipal taxes (including HST/GST/PST if the winner resides in Canada), customs and excise duties, delivery, license and insurance; (iv) Contest Sponsor reserves the right at any time to place reasonable restrictions on the availability of the Grand Prize and substitute the Grand Prize for any reason with a prize or a prize component of equal or greater value, including, without limitation, but solely at the Contest Sponsor’s sole discretion, a cash award; and (v) by accepting the Grand Prize, the winner agrees to waive all recourse against the Releasees (defined below) if the Grand Prize does not prove satisfactory, either in whole or in part, including, without limitation, if the Grand Prize is delayed, postponed, or cancelled for any reason.
- 5. Random Prize Draw: To determine the Grand Prize winner, a random draw will be held May 21 - 31, 2012 in Toronto, Ontario, Canada at approximately 10:00 a.m. EST from all eligible entries received on or before the Contest closing date. Odds of winning depend on the number of eligible entries received during the Contest Period.
The Contest Sponsor (or its designated agents) will make three (3) attempts to contact the selected entrant by telephone or email (using the information provided at the time of entry) within three (2) business days of the draw date. If the selected entrant: (a) cannot successfully be contacted within that time; (b) fails to correctly answer the required skill-testing question; or (c) is ineligible according to, or otherwise fails to comply fully with, these official Contest Rules; the Contest Sponsor reserves the right, in its sole and absolute discretion to disqualify that selected entrant and to select, by random drawing, another potential winning entrant who the Contest Sponsor (or it agents) will attempt to contact, and who will be subject to disqualification in the same manner, and this process may be repeated until a winner is confirmed.
BEFORE BEING DECLARED A WINNER OF ANY PRIZE, the selected entrant will be required to correctly answer a mathematical, skill-testing question, to be administered by telephone or e-mail at a pre-arranged mutually convenient time, and to sign and return to the Contest Sponsor, by the date indicated, a Declaration and Release acknowledging: (i) compliance with the Contest rules, (ii) acceptance of the Prize as awarded, (iii) the use of his/her name, image, photograph, video, voice and city of residence for any and all publicity purposes, commercial or otherwise, in all media including Nextsportstar.com and/or other websites without obtaining the further consent of the entrant; and (iv) release of the Contest Sponsor, Kahuna Powersports, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively the “Releasees”) from all liability in connection with this Contest and the awarding, acceptance, use and/or misuse of the Grand Prize. If the Grand Prize winner is under the age of majority in his/her jurisdiction of residence, then his/her parent/legal guardian must sign the release form on his/her behalf. The Grand Prize must be accepted as awarded and is not transferable. If for any reason whatsoever, the Grand Prize winner is not confirmed, or the required declaration and release form is not signed and returned, on or before June 8, 2012, or if the skill-testing question is not answered correctly, the Grand Prize will not be awarded and Contest Sponsor will select another eligible entrant by random draw, who will be subject to disqualification in the manner described above.
- 6. General Conditions: The Releasees assume no responsibility for lost, delayed, incomplete, incompatible or misdirected Entries. This Contest is subject to all applicable federal, state, provincial and municipal laws. The decisions of the Contest Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants. The Releasees will not be liable for any failure of the Website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Contest Parties for any reason including, but not limited to, technical problems or traffic congestion on the internet or at any website; or any combination of the above. Further, the Releasees will not be liable for any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Contest. All Entries are subject to verification. The Contest Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor) to participate in this Contest. Failure to provide such proof in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine (s). The Contest Sponsor reserves the right, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Contest Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Contest Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Contest Sponsor, reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, at any time for any reason including in the event of any accident, printing, administrative, or other error of any kind. By entering this Contest, each entrant expressly consents to the Contest Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Contest Sponsor’s privacy policy unless the entrant otherwise agrees.
- 7. Intellectual Property: All intellectual property used by the Contest Sponsor in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Contest Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
- 8. Language Discrepancy: In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest entry form, and/or point of sale, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.
