Victory® Take One Home Event Sweepstakes (“Sweepstakes”)
2013 OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES AND CANADA. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES OR CANADA AT THE TIME OF ENTRY. VOID IN ALASKA, HAWAII AND WHERE PROHIBITED.
- 1. ELIGIBILITY: Open to legal residents of the 48 contiguous United States, the District of Columbia, and Canada who are of the age of majority in their jurisdiction at the time of entry. Void in Alaska, Hawaii and where prohibited. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of Polaris Industries Inc. (“Sponsor”), its parent, subsidiary and affiliated companies, and the web design, advertising, fulfillment, legal, judging, administrative, and sweepstakes agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes).
- 2. SWEEPSTAKES PERIOD: Sweepstakes begins on January 1, 2013 at 8:00:01 a.m. Central Time (“CT”) and ends on February 28, 2013 at 11:59:59 p.m. CT (or close of business for in person method of entry) (the “Sweepstakes Period”). The Web Site server is the official clock for this Sweepstakes.
- 3. TO ENTER: You will receive one (1) entry into the Sweepstakes when you sign up to test-drive a Victory® motorcycle at a participating Victory® dealer or online at victorymotorcycles.com/en-us/test-ride/promotion.aspx, victorymotorcycles.com/en-ca/test-ride/promotion.aspx and victorymotorcycles.com/fr-ca/test-ride/promotion.aspx (the “Web Sites”). You must have a valid motorcycle license to test drive any motorcycle. In the event that a test drive is not taken for any reason, you will still receive an entry into the Sweepstakes. Limit one (1) entry per person and/or email address. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions.
- 4. DRAWING AND ODDS OF WINNING: Winner will be selected in a random drawing from all eligible entries received. Odds of winning depend on the number of eligible entries received. Drawing will be conducted on or about March 7, 2013 at 12:00 p.m. CT, by a third party promotion administrator, in Elmhurst, Illinois, USA. The third party promotion administrator’s decisions shall be final and binding on all matters relating to the Sweepstakes.
- 5. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”):
ONE (1) GRAND PRIZE: Winner’s choice of a 2013 Victory® Motorcycle (some exclusions apply); maximum manufacturer’s suggested retail price: $22,599 USD/$24,599 CAD; see below for additional restrictions.
- 6. PRIZE RESTRICTIONS: Prize excludes the following motorcycles: Zach Ness Cross Country®; Arlen Ness® Victory Vision®; Cory Ness Cross Country Tour®; and the 15-Year Anniversary LE. Prize is non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. If winner selects a motorcycle with an MSRP of less than $22,599 USD/$/$24,599 CAD,winner is not entitled to receive the difference between the MSRP of the motorcycle selected and the maximum MSRP. Sponsor reserves the right in its sole discretion to substitute prize with one of comparable or greater value. Winner is solely responsible for any taxes on the prize, and, if Winner is a U.S. resident, Sponsor will issue an IRS Form 1099 reporting the value of the motorcycle chosen. Winner must have proof of a valid motorcycle driver’s license from the jurisdiction of the Winner’s residence and evidence of any required insurance to take delivery of motorcycle; failure to show same may result in prize forfeiture and selection of an alternate winner. SPONSOR AND SWEEPSTAKES PARTIES DO NOT MAKE, NOR IN ANY MANNER ARE RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE MOTORCYCLE INCLUDING BUT NOT LIMITED TO ITS QUALITY, FITNESS FOR PURPOSE OR MECHANICAL CONDITION, EXCEPT FOR THE STANDARD MANUFACTURER WARRANTIES THAT COME WITH THE MOTORCYCLE. Motorcycle will be delivered solely with the express limited warranties provided by the manufacturer. Winner will be provided instructions to obtain his/her vehicle at a Victory motorcycle dealer near his/her residence, to be determined by Sponsor. All costs and expenses associated with prize acceptance and use not specifically provided herein, including all, title, license, insurance and registration fees required in claiming the motorcycle, as well as all other expenses relating to the receipt and use of motorcycle, including any travel and transportation costs associated with taking delivery of the motorcycle, are the responsibility of the winner.
- 7. WINNER NOTIFICATION AND PRIZE CLAIM: Winner is subject to verification, including verification of age. Winner will be contacted via e-mail and/or phone and will be required to provide address information. If Winner does not respond to a phone or email notification within seven (7) calendar days of the first phone or email notification attempt, prize may be forfeited and an alternate winner may be selected. Winner will be required to verify his/her eligibility by completing, signing, and returning a Declaration/Affidavit of Eligibility & Liability Release, and, where lawful, a Publicity Release (granting the right to use the Winner’s name, city, state/province, likeness, or photograph by Sponsor for advertising/publicity purposes, without further compensation) within ten (10) calendar days of attempted mail notification or prize may be forfeited and an alternate Winner may be selected. Canadian Entrants: in order to be declared a winner, a time-limited mathematical skill-testing question must be correctly answered without assistance of any kind. Any selected entrant who incorrectly answers the time-limited skill-testing question will be disqualified. Sponsor is not responsible for any change of mailing address, email address and/or telephone number of entrants. In the event of non-compliance with these Official Rules, or if a prize notification or prize is unclaimed or returned as undeliverable, the prize will be forfeited and an alternate winner may be selected. Prize may not be awarded if it is not properly claimed.
- 8. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, subject to the approval of the Régie des alcools, des courses et des jeux of the province of Québec, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the prize in a random manner to be determined by Sponsor. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
- 9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Sweepstakes Parties resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in, the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Sweepstakes Parties for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Sites; unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk. Sponsor and the Sweepstakes Parties are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Sweepstakes, use of the Web Site or the download of any information from the Web Site, or any other loss related to user’s participation in the Sweepstakes or receipt or use of any prize. As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Sponsor and Sweepstakes Parties from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize, including, but not limited to, liability for personal injury, bodily injury (including wrongful death or disability), damage to property, and damage or loss of any other kind; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
- 10. PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winner grants permission for Sponsor and those acting under its authority to use his/her name, address (city and state/province), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on the Web Sites) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
- 11. GOVERNING LAW & JURISDICTION: This Sweepstakes is offered in the United States (excluding AK and HI) and Canada and is governed by the laws of the United States and Canada applicable thereto. By entering, you agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, USA, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the federal, state and local courts located in Cook County, Illinois for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts.
- 12. QUEBEC RESIDENTS: For residents of Quebec, any litigation concerning the conduct or administration of this publicity contest may be submitted to the Regie dus alcools, des courses et des jeux for a ruling. Any litigation concerning the awarding of a prize may be submitted to the Regie only for the purpose of helping the parties reach a settlement.
- 13. LANGUAGE DISCREPANCY: In the event that there is a discrepancy or inconsistency between the English-language version and the French-language version of these Official Rules or of any Sweepstakes materials, the English version shall prevail, govern, and control.
- 14. WINNERS LIST: For the winner’s name, send a self-addressed, stamped envelope, for receipt to: Victory Take One Home (Winners List Request), P.O. Box 1095, Elmhurst, IL 60126. Requests must be received by March 29, 2013. Residents of Canada may omit return postage.
- 15. SPONSOR: Polaris Industries Inc., 2100 Hwy 55, Medina, MN 55340.