2013 BRP CSI 5 Sweepstakes: Official Rules
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NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY: The 2013 BRP CSI 5 Sweepstakes (“Sweepstakes”) is open to individuals who are legal residents of the 50 United States (including the District of Columbia) and Canada who: 1) have reached the age of majority at time of entry in the state, province or territory they reside; and 2) to whom this offer is specifically addressed. Officers, directors, employees, agents and representatives of JD Power and Associates (the “Sponsor”), and its parent company, subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors (collectively, “Sweepstakes Entities”), and their immediate family members (defined as parents, siblings, children and spouses, regardless of where they reside) and/or those living in the same household of each (whether or not related) are not eligible to enter or win. Sweepstakes governed by U.S. law. Sweepstakes is subject to all applicable federal, state, provincial and local laws and regulations. Void where prohibited by law.
HOW TO ENTER: There are three methods of entry: Method #1: Visit the URL provided in the offer you received and follow all onscreen instructions to enter the passcode (on the solicitation you received) and follow all instructions to complete and submit the survey (“online entry(ies)”). You must complete the survey in order to be entered into the Sweepstakes via this method. All online entries must be received between 12:01 a.m., Eastern Time (“ET”) on 3/1/13 and 11:59 p.m. ET on 6/30/14 (the “Sweepstakes Entry Period“). Entry materials that have been tampered with or altered are void. Entries with duplicate email addresses or multiple entries using different email addresses for a single individual will be disqualified. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Method #2: Call the toll-free 800# provided on the solicitation you received and follow all instructions to take survey via telephone. To be eligible for a sweepstakes entry, your telephone survey/entry must be received during the Sweepstakes Entry Period. Method #3: To enter Sweepstakes without completing the survey online or by telephone, send a postcard with your name, address, phone number and email address (optional) to: 2013 BRP CSI 5 Sweepstakes “Entries”, P.O. Box 9336, Medford, NY 11763-9336 (mail-in entry(ies)”). Mail-in entries must be postmarked between 3/1/13 and 6/30/14 and received by 7/8/14. Limit: up to eight (8) entries per person/offer during the Sweepstakes Entry Period, regardless of entry method. Photocopied, illegible, incomplete or mechanically reproduced entries are not eligible. Sponsor is not responsible for lost, late, damaged, misdirected or postage due mail/entries. All entries and requests become the property of Sponsor and will not be acknowledged or returned.
CONSUMER DISCLOSURES: You have not yet won. Ends: 6/30/14. Prize and its Approximate Retail Value (“ARV”): One (1) Grand Prize: A $5,000 BRP Gift Card (awarded in the currency based on winner’s residence). Gift Card can only be used at one valid BRP dealer of the winner’s choice. Odds of winning depend on number of eligible entries received during the Sweepstakes Entry Period, estimated at 1:63,000. Sponsor: JD Power and Associates, 2625 Townsgate Road, Suite 100, Westlake Village, CA 91361.
SELECTION OF WINNER: Potential winner will be determined in a random drawing from all eligible entries received during the Sweepstakes Entry Period before 5:00 pm ET on 7/31/14 at the offices of Ventura Associates (60 East 42nd Street, Ste. 650, NY, NY 10165). The random drawing will be conducted by Ventura Associates, an independent judging organization (“judges”), whose decisions are final and binding in all matters relating to this Sweepstakes. Potential winner will be notified by telephone, and/or e-mail and/or first class mail on or about 8/11/14. Winner will be required to complete, sign and return an Affidavit/Declaration of Eligibility, Liability Release and Publicity Release (collectively, “Release”) within ten (10) days of date specified on notification. If a potential prize winner does not return the executed Release within ten (10) days, or if said e-mail and/or mail is returned as undeliverable, or if an entrant is otherwise found to be ineligible, or if the selected winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the prize and an alternate winner will be selected who will be subject to disqualification in the same manner. Gift Card is for promotional purposes only without money or other value given in exchange. It is non-transferable and not a coupon for discounts or markdowns and cannot be redeemed for purchases of gift cards or as an adjustment to prior purchases, or exchanged for cash. No credit or cash given for unused portion. Gift card will not be replaced if lost or stolen. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. The prize is non-transferable and no substitution by winner or cash equivalent is allowed. Sponsor reserves the right to substitute a prize of equal or greater monetary value at its sole discretion. All fees, federal, state, local and income taxes or other expenses relating to the use, misuse, acceptance and possession of prize are the sole responsibility of the winner. Entry and acceptance of prize constitutes permission (except where prohibited by law) to use winner’s name, prize won, hometown and likeness for online posting and promotional purposes without further compensation.
GENERAL & LIMITATIONS OF LIABILITY: Entrants agree to these Official Rules and the decisions of the judges and the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sweepstakes Entities, as well as the employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of prize. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, or otherwise, including but not limited to fire, flood, hurricane, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause, or concerns regarding the safety of any winner or guest, Sponsor shall have the right, subject to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) with respect to residents of Quebec, to modify, suspend, extend or terminate the Sweepstakes in whole or in part, at any time and without notice or obligation. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Sweepstakes or use, misuse or redemption of any prize. This Sweepstakes shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Sweepstakes shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of prize. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, postage due or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes, or (iv) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes. By participating in the Sweepstakes, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the independent judging organization, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: permanently disqualify from any sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Sweepstakes or the online and/or telephone portion of the Sweepstakes (subject to the approval of the Régie), if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), or to select winner from among all eligible entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNER’S NAME: For the name of the winner (available after 7/31/14) send a stamped, self-addressed envelope (return postage not required for Vermont residents) by 7/31/14 to: 2013 BRP CSI 5 Sweepstakes Winner, c/o: Ventura Associates International LLC – Attn. CS, 60 East 42nd Street – Suite 650, New York, NY 10165.
PRIVACY: To access the JD Power and Associates Privacy and Cookie Notice, please visit http://www.jdpower.com/privacy.
If you’d like additional information regarding JD Power and Associates, please visit our website at www.jdpower.com. If you have any questions regarding this survey, please contact our Survey Hotline at 888-537-6937 or send an email to [email protected] with your name and contact information, the name and a description of the survey, and your specific question(s) or comments.
MAIL PREFERENCE: To opt out of future survey requests from JD Power and Associates, please visit http://businesscenter.jdpower.com/OptOut.aspx.
FOR CANADIAN RESIDENTS ONLY: Any selected Canadian winner will also be required to correctly answer, unaided, a time-limited mathematical skill-testing question in order to receive a prize.
FOR QUEBEC RESIDENTS ONLY: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
To request a copy of these official rules, please write to: 2013 BRP CSI 5 Sweepstakes Official Rules, c/o: Ventura Associates – Attn. 60 East 42nd Street, Suite 650 New York, NY 10165, USA.
