MH (#BlackGold) 2 Stroke Giveaway Rules

MH (#BlackGold) 2 Stroke Giveaway

Official Rules

These Rules exempt Moto Head Industries, Inc. (“Sponsor”) and other entities from liability or limit their liability, specify the jurisdiction for the resolution of disputes, and contain other important provisions. Participation constitutes your full and unconditional agreement to these Rules and to the Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Entrants must comply with all terms and conditions of these Rules.

1. Eligibility: The MH 2 Stroke Giveaway (“Giveaway”) is open only to legal residents of the 50 United States and the District of Columbia (excluding residents of New York and Florida) who are at least 18 years old at time of entry. Employees of the Sponsor and its respective parent and affiliate companies, and the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible. Winning is contingent upon compliance with these Rules, including rules regarding eligibility.2. Duration: The Giveaway begins on July 1, 2016 at 12:01 a.m. Mountain Time (“MT”) and ends on September 30, 2016 at 11:59 p.m. Mountain Time (“Giveaway Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.

3. How to Enter: NO ACCOUNT OR PURCHASE IS NECESSARY TO ENTER OR WIN. There are two ways to enter the Giveaway:

a. Automatic Entry: Place an order via Sponsor’s website at http://www.motoheadclothing.com/ of at least $5.00 during the Giveaway Period. Every $5.00 spent will earn one (1) entry. For example, one order for $20.00 worth of merchandise constitutes four entries, just as four separate orders for $5.00 each also constitutes four entries.

b. No-purchase Entry Method: Anyone may enter the Giveaway by mailing to the Sponsor a 4” x 6″ index card on which they have hand-printed their name, address, email address, birth date, telephone number, Moto Head Industries, Inc., P.O. BOX 34, Centerville, UT 84014. Only one entry form per envelope will be accepted. Mail entries must be handwritten, mailed individually in separate envelopes, and postmarked no later than September 30, 2016 . There is no limit to how many times you may enter via mail. Mail entries that are not in the format specified above, illegible, inaccurate, incomplete, or reproduced via photocopier or otherwise are void and will be discarded

4. Selection of Potential Winners: Sponsor will conduct a random drawing from all eligible entries for the winner no later than 7 calendar days after the end of the Giveaway Period.

5. Notification and Verification of Potential Winners: The potential winner will be notified by email only. The email notification of award will be sent to the email address provided on the entry form. If the notification is returned as undeliverable or undelivered, or if a potential winner does not acknowledge the notification within 10 calendar days of Sponsor’s notification, the potential winner forfeits the prize. If a potential winner is disqualified or forfeits the prize for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries.

6. Prizes and Odds of Winning: 1. The prize is one 2002 Honda CR250 motorcycle. Approximate retail value is $4,000.

By entering the Giveaway, you acknowledge that the prize is pre-owned and provided AS-IS with no warranty whatsoever. You pay all cost for any repairs.

No prize will be awarded until the selected winner signs an affidavit of eligibility, waiver and release. As a potential winner, you may waive your right to receive a prize, but you will not receive any alternate prize or cash value. Prizes are not assignable or transferable. Sponsor reserves the right to substitute a prize of equal or greater value. Winners are solely responsible for reporting and payment of any taxes on prizes.

Odds of winning the prize depend on the number of eligible entries received during the Giveaway Period.

7. Release: By entering the Giveaway, you release and hold harmless Sponsor, and its subsidiaries, affiliates, suppliers, distributors, advertising agencies, each of their respective parent companies, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including but not limited to personal injury, or damage to or loss of property or technology, arising out of participation in the Giveaway or receipt of any prize.

8. Limitations of Liability: The Released Parties expressly disclaim responsibility for: (1) any incorrect or inaccurate information, whether caused by Sponsor, entrants, printing errors, website errors, or errors in equipment or programming used in association with the execution of the Giveaway; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections of websites, internet access, or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error, which may occur in the administration of the Giveaway or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Giveaway or receipt of the prize. If for any reason an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole and exclusive remedy is another entry in a future regularly planned Giveaway. If it is impossible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, Sponsor, at its discretion, may hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO ENTRANT OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO ENTRANT’S PARTICIPATION IN THE GIVEAWAY OR RECEIPT OF A PRIZE.

9. Indemnification: By participating, entrants agree to release, discharge, indemnify and hold harmless the Released Parties from and against any and all claims, causes of action, demands, loss, injury, damage or liability whatsoever which may arise or occur in connection with or as a result of (a) the acceptance, possession, use or misuse of any prize; (b) the administration of the Giveaway; or (c) participation in the Giveaway or any related activity.

10. General Conditions: Sponsor reserves the right to cancel, suspend, amend or modify the Giveaway, or any part of it, for any reason, including without limitation if any fraud, technical failure or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right, at its sole discretion, to cancel the Giveaway or to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Rules or any other Giveaway or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law. If such an attempt is made, Sponsor may seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.

11. Disputes: The rights and liabilities of the parties arising out of or relating to this agreement or the Giveaway will be governed by the laws of the state of Idaho, and any dispute arising out of or relating to this agreement or the Giveaway will be submitted to binding arbitration in Centerville, Utah, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award may be entered in any court of competent jurisdiction. The prevailing party in any arbitration or litigation shall be entitled to recover all reasonable expenses thereof, including attorneys’ fees in connection with such proceedings or any appeal thereof.

12. Entrant’s Personal Information: By entering these Giveaway, each entrant consents to the collection, use and disclosure of their personal information to Sponsor for the purposes of administering the Giveaway and in accordance with these Rules and the Sponsor’s Privacy Policy, which you may view at http://motoheadclothing.com/privacy_policy.

Entrants agree that the Sponsor may share their personal information with any party who may be providing specific services related to the Giveaway or the delivery of a prize. Their use of personal information is restricted to the services that will be carried out for the Sponsor and to no other purpose than what is necessary to fulfill their obligations. By entering the Giveaway, you agree to receive email newsletters, updates, and/or other promotional communications periodically from Sponsor. Entrants can opt-out of receiving communications at any time by clicking the unsubscribe link in the email newsletter.

13. Publicity: By accepting a prize, you authorize Sponsor to publicly identify you as a winner. By accepting a prize, the winner consents to Sponsor’s and its agents’ use and publication of the winner’s name, likeness, biographical information, photograph, voice, opinions and hometown and state in any media for any commercial or promotional purpose, including without limitation for advertisements, promotional materials, publications, websites, and any other media, now or hereafter known, in perpetuity without further consideration or review by the winner, whether or not related to this Giveaway.

14. Intellectual Property: All intellectual property used by Sponsor in connection with the promotion and/or administration of the Giveaway, including, without limitation, all trademarks, 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 Sponsor and/or its licensors. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.

15. Sponsor: Moto Head Industries, Inc., P.O. BOX 34, Centerville, UT 84014.

16. Winner List: For a list of winners, send a self-addressed, stamped envelope to Moto Head Industries, Inc., P.O. BOX 34, Centerville, UT 84014. A winner’s list will be available for 30 days after Winner Selection occurs for each Giveaway Period.

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