Rules & Limitations
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Sweepstakes may only be entered in or from the 50 United States, the District of Columbia and Puerto Rico. Entries originating from any other jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States, the District of Columbia or in Puerto Rico.
1. Eligibility: Entrants must be legal United States’ residents, at least eighteen (18) years old. Employees of Moto Forza (Sponsor) and their affiliated companies, advertising, promotions, or judging agencies, and the immediate family members of each are ineligible. The term “immediate family” includes spouses, siblings, parents, children, grandparents and grandchildren, and any other person residing at the same household whether or not related.
2. Entry Period: The Sweepstakes entry period begins Monday December 1, 2014 at 9:00 am PST (Pacific Standard Time) and continues until Monday, November 30, 2015 at 6:00pm PST.
3. Sweepstakes/Contest Entry: There are two ways to enter: (a) In person: Visit Moto Forza and ask a staff member for referral cards, or (b) call Moto Forza at (760)746-6001 and request referral cards to be sent to you by mail.
Referral cards will be issued in lots of ten at a time. More referral cards are available upon request. Referral cards will be issued at no cost to the contest participant.
Moto Forza is located at 572 N. Tulip Street, Escondido, CA 92025
4. Finalist Selection & Notification: On or about December 3, 2015, the finalists will be selected depending on each participant’s number of customer referrals that resulted in a purchase and delivery of a new motorcycle from Moto Forza. To be selected as a finalist for the drawing to win the Grand Prize, a contestant must have a minimum of five referrals. After the first drawing entry, contestants will get one additional drawing entry for every subsequent referral that results in a purchase and delivery of a new motorcycle from Moto Forza.
This contest is subject to availability of all makes and models from the manufacturer. Moto Forza will do their best to supply requested model(s) from the manufacturer or other dealers, but Moto Forza shall not be held liable if the buyer’s requested model is not available at the time of intended purchase.
Finalists will be announced and their names will be listed on www.winaDucatiScramber.com, on www.moto-forza.com, and on Moto Forza’s Facebook page. Sponsor will also attempt to notify finalists by phone or email. Finalists must have valid contact information where they can be notified.
5. Winner Selection and Notification: The Grand Prize winner will be selected and announced by random drawing from among all finalists on Saturday December 12, 2015 between 11a.m. and 12 p.m. PST. The drawing will be conducted at Moto Forza at 572 N. Tulip Street, Escondido, CA 92025. In order to win, the contestant must be onsite in person to accept the Grand Prize. The contestant may have a representative with a notarized power of attorney accept the prize on the contestant’s behalf. Odds of winning depend on the number of eligible entries qualified for the drawing. All results are unofficial until the finalists are verified.
6. Prize: The Grand Prize winner will receive a 2015 Ducati Scrambler Icon. The approximate value of the grand prize is $8,495. Sponsor will select grand prize vehicle and all features if any will be in the sole discretion of Sponsor. Before taking possession of the Grand Prize, the winner may substitute the prize for a
different, new motorcycle of equal or greater value at Moto Forza. In this case, the value of the Grand Prize as stated on the dealer invoice will be applied against the price of the new motorcycle that the winner selects. The
winner will be responsible to pay for the balance of the higher valued motorcycle, including all dealer fees, delivery, licensing, registration, and all taxes. The grand prize winner shall be required to personally retrieve the vehicle and present acceptable personal identification, a valid driver’s license and evidence of any legally required insurance. Delivery of the Grand Prize will occur on or around Saturday December 12, 2015 at Moto Forza at 572 N. Tulip Street, Escondido, CA 92025 (date and location subject to change). Properly claimed prize will be awarded, but in no event will Sponsor award more prizes than are provided for in these Official Rules.
7. Prize Acceptance/Restrictions: Winner and finalists are subject to verification by Sponsor of the winner’s or finalist’s name, age, address, phone number, and Social Security number (where the prize value is equal to or
greater than $600.00). If a winner is disqualified, Sponsor reserves the right to determine an alternate winner or to not award that winner’s prize at all. Prize cannot be redeemed for cash or substituted for any other items by any winner. Prize is non-assignable and non-transferrable. Sponsor reserves the right to substitute a comparable prize of like or greater value, including cash, for any prize, for any reason. Costs of transportation, accommodations, insurance, licenses, fees (including registration), taxes, and any other expenses, except as explicitly set forth herein, are the sole responsibility of the winner.
8. Publicity Release: By participating in the Sweepstakes, each entrant acknowledges that his/her entry in the Sweepstakes constitutes that entrant’s consent to use, publish, reproduce and for all purposes, including publicity, promotion and advertising, in any media (including without limitation, the Internet, television or offline promotions), each winner’s name, voice, likeness, and any portion thereof, each extending throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law.
9. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY CIRCUMVENT, DISRUPT, OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS SWEEPSTAKES, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS PROHIBITED AND MAY RESULT IN DISQUALIFICATION.
10. Taxes: Any valuation of the prize(s) stated above is based on available information provided to Sponsor, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. All taxes, including federal, state, and local taxes, are the sole responsibility of the winner. Any person winning over $600.00 in total prizes will receive a 1099 form from Sponsor at the end of the calendar year and a copy of such form should be filed with the IRS. Each winner must provide Sponsor with valid identification, and a valid taxpayer identification number or Social Security number for total prizes valued at $600.00 or more, before any prize will be awarded.
11. Conditions: Sponsor reserves the right, in their sole discretion, to modify this Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, interruption in wireless calling devices or wireless service, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, (b) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Rules, (c) the Sweepstakes becomes corrupted due to wireless calling service interruption for any reason, or (d) the Sweepstakes is otherwise not capable of running as planned. If Sponsor terminates or modifies the Sweepstakes, Sponsor will post notice on the official Sweepstakes website. By entering, entrants represent that they are eligible and agree to be bound by and comply with the Rules and the decisions of any judges. Any entrant who attempts to tamper with this Sweepstakes in any way or use fraudulent means to participate in and/or win the Sweepstakes shall
be disqualified. Sponsor reserve the right to disqualify any entrant at any time, for any reason, including, without limitation, language, activities or behavior deemed inappropriate. Sponsor and their advertising and promotion agencies are not responsible for cancellations, postponements, or delays in the Sweepstakes. Other than the prize received by the winner, no entrant shall be entitled to receive any wages, benefits, fees or other compensation whatsoever as a result of participating in the Sweepstakes. Sponsor has the sole
discretion to administer the Sweepstakes and interpret and apply the Official Rules. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance.
12. Indemnification/Hold Harmless: By participating, entrants agree: (a) to release, discharge, and hold harmless Motalia, Inc. dba Moto Forza, and their respective affiliates, parents, subsidiaries, advertising and promotion agencies, officers, directors, employees, representatives, and agents of the foregoing (the “Released Parties”) from all liability, injuries, losses or damages of any kind to persons, including but not limited to death or property damage resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of a prize, or from participation in and/or entry into the Sweepstakes or any Sweepstakes-related activity and for acceptance, delivery, or use of any prize; and (b) that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to any prize. In consideration for his or her participation in the Sweepstakes, each entrant agrees to hold harmless and indemnify the Released Parties from any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of the entrant’s participation in the Sweepstakes, including attorneys’ fees.
13. Limitation of Liability: The Released Parties are not responsible or liable for any incorrect or inaccurate entry information or other errors in the printing, offering or administration of the Sweepstakes or in the announcement of the prize(s) and assume no responsibility for (a) any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling service, interrupted or unavailable network, server or other conditions, (b) failure of any entry to be received by Sponsor due to technical problems, telephone service problems, human error, or wireless calling service, (c) communication line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service, (d) mechanical, technical, computer, hardware or software errors, malfunctions, or failures of any kind, including but not limited to failed, incomplete, garbled, or delayed transmission of entries, traffic congestion, viruses, sabotage, satellite failures, electrical outages, on telephone lines, on the Internet, at any website, or application or lost or unavailable network connections or natural disasters or acts of God or man, which may limit an entrant’s ability to participate in the Sweepstakes, (e) communication line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service, (f) damage to any computer (software or hardware) resulting from participation in the Sweepstakes, or damage to mobile phone or other PDA device, (g) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, (h) entries which are late, lost, stolen, damaged, illegible, and/or unintelligible (or any combination thereof), or (i) any change of email address, mailing address, telephone number and/or any other contact information provided by entrant. Any expenses incurred by the entrant during the application process, including but not limited to, postage are the sole responsibility of each entrant and the Sponsor will not issue reimbursement for any expenses. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES, OR ANY OTHER DAMAGES.
14. Choice of Law/Forum: All entrants agree, by participation in the Sweepstakes, to submit to the personal jurisdiction of the courts of California. California law shall govern this Sweepstakes, without regard California’s
choice of law rules. The courts of California shall be the exclusive forum for any dispute regarding any Rule or activity associated with the Sweepstakes.
15. Official Rules: Complete Sweepstakes rules are available Tuesday through Saturday during normal business hours at Moto Forza, 572 N. Tulip Street, Escondido, CA 92025, or at http://www.winaDucatiScrambler.com
16. Name of Winner: For the name of the Grand Prize winner, send a separate, self-addressed, stamped envelope to Moto Forza, 572 N. Tulip Street, Escondido, CA 92025, or appear in person at that location between normal business hours. Requests must be received by March 31, 2014.
17. Sponsor: this promotion is offered by Motalia, Inc. dba Moto Forza, 572 N. Tulip St., Escondido, CA 92025. This Sweepstakes, and all Sweepstakes material, is © 2014 by Motalia, Inc. All rights reserved.