Joe Rocket Canada’s Hardcore Canadian Giveaway (“Sweepstakes”)
Official Rules and Regulations and Privacy Consent
NO PURCHASE NECESSARY. The Sweepstakes is intended for viewing and participation in Canada only and is governed by the laws of Canada. Please do not proceed if you are not a legal resident of Canada at time of entry.
The “Hardcore Canadian Giveaway” Sweepstakes (the “Sweepstakes”) is administered by Joe Rocket Canada Inc. (“Joe Rocket Canada”).
The Contest begins on June 26th, 2019 at 8:00 am Eastern Time (“ET”) and ends on September 12th, 2019 at 12:00 am ET (the “Sweepstakes Period”).
To enter and be eligible to win, an individual must be (a) a legal resident of Canada who has reached the age of majority in their jurisdiction of residence and (b) have a current motorcycle licence valid for operation in their jurisdiction of residence as of the date of prize fulfillment.
Excluded from eligibility are: (a) any person who, at any time on or before September 12th, 2019 was or is a director, officer, employee, agent, representative or dealer of Joe Rocket Canada Inc., Sponsor, Canadian Kawasaki Motors, prize suppliers, companies engaged in the development, production, or distribution of materials for the Sweepstakes, or any of their respective divisions, parent, subsidiary, or affiliated companies, dealer or service agencies, or independent contractors of the Sponsor (collectively, the “Sweepstakes Entities”); (b) former employees of the Sponsor, its subsidiaries, parent companies, affiliates, dealers, sponsors, and third-party providers (collectively the “Companies”), save that any person who has not been employed or engaged by the Companies in the three (3) year period prior to September 12th, 2019 may participate in the Sweepstakes; and (c) members of the immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of any such persons.
NO PURCHASE NECESSARY. To enter, (a) a person must submit a photo or video to the sweepstakes webpage (https://joerocket.ca/hardcorecanadian) featuring themselves or another entrant with their motorcycle.
There are twelve (12) secondary prizes available to be won, each consisting of one (1) genuine Joe Rocket Canada prize pack (each, a “Secondary Prize”). Approximate retail value (“ARV”) of each Secondary Prize is $50.
Secondary Prizes must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise, except at Sponsor’s sole discretion. Sponsor reserves the right, at its sole discretion, to substitute a prize of greater or equivalent monetary value if a Secondary Prize cannot be awarded as described for any reason. Secondary Prizes will be delivered to verified winners only to one (1) residential address in Canada. Sponsor will not replace any lost or stolen Secondary Prizes. Any other costs or expenses associated with the Secondary Prizes not specified herein will be the responsibility of selected winners. All Secondary Prizes must be accepted before September 12th, 2019. Winning a Secondary Prize is contingent upon fulfilling all the requirements set forth herein.
Limit of one (1) Secondary Prize per person.
For every submission (see section 3. How To Enter), you will obtain one (1) entry for a chance to win a Secondary Prize. A random draw will be conducted from among all eligible Secondary Prize entries for the purpose of selecting two (2) potential Secondary Prize winners, bi-weekly from June 26th to September 12th. Secondary Prize draws will occur: June 26th, July 10th, July 24th, August 7th, August 21st, September 4th. Odds of being selected as a potential Secondary Prize winner depend on the number of eligible entries received.
Selected entrants will be notified of selection by email. Winners will also be posted on official the Joe Rocket Canada Facebook and Instagram pages. In order to be declared a potential winner of a Secondary Prize, selected entrant(s) must: respond to Sponsor’s notification within three (3) business days of notification. Selected entrants may be required to furnish proof of identification that may include a driver’s licence or other such form of identification satisfactory to the Sponsor.
Failure to provide proof of eligibility (if requested), release documents, or other required documentation in a timely manner, or other non-compliance with these Official Rules may result in disqualification, forfeiture of the Secondary Prize and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited prize in accordance with these Official Rules, who will be subject to disqualification in the same manner.
There is one (1) grand prize available to be won consisting of one (1) 2019 Kawasaki® z400 Motorcycle with custom Joe Rocket Canada vinyl graphics. ARV of the Grand Prize is $5,799.00
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Grand Prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise, except at Sponsor’s sole discretion. Sponsor reserves the right, at its sole discretion, to substitute a prize of greater or equivalent monetary value if the Grand Prize cannot be awarded as described for any reason. Grand Prize will be shipped to the Kawasaki dealer nearest to the selected winner. Sponsor will not replace any lost or stolen Grand Prize. Any other costs or expenses associated with the Grand Prize not specified herein, including without limitation licence, registration, title fees, insurance costs and all applicable taxes (if applicable), will be the responsibility of selected winner. Grand Prize must be picked up before September 30, 2019. Winning the Grand Prize is contingent upon fulfilling all the requirements set forth herein.
Furnishing the Grand Prize may take place approximately four (4) to five (5) weeks following winner selection and verification, subject to delivery schedules. The Grand Prize will be delivered to the Kawasaki dealership nearest the winner’s residence as selected by the Sponsor.
The Grand Prize will be subject to Kawasaki’s standard Limited Factory Warranty. Any and all guarantees and warranties for prizes are subject to the manufacturer’s and/or service provider’s terms and conditions, and the winner agrees to look solely to such manufacturers and/or service providers for any warranty or guarantee claim.
On September 12th, 2019 at 4:00pm ET at 2525 Jefferson Blvd., Windsor ON, a random draw will be conducted from among all eligible entries received during the Contest Period, for the purpose of selecting one (1) potential Grand Prize winner. Odds of being selected as a potential Grand Prize winner is based on the total number of entries received during the Contest Period.
Selected Grand Prize winner will be notified by email. In order to be declared a potential Grand Prize winner, selected entrant must: respond to Sponsor’s notification within three (3) business days of notification; (ii) if requested, sign and return to Sponsor a written declaration and release form, releasing the Promotion Entities from any liability in connection with this Contest or the use, misuse, awarding or possession of the Grand Prize (the “Release”); and (iv) otherwise comply with these Official Rules. Selected entrant may be required to furnish proof of identification that may include a driver’s licence or other such form of identification satisfactory to the Sponsor.
Failure to provide proof of eligibility (if requested), release documents, or other required documentation in a timely manner, failure to correctly answer the skill-testing question, or other non-compliance with these Official Rules may result in disqualification, forfeiture of the Grand Prize and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited prize in accordance with these Official Rules, who will be subject to disqualification in the same manner.
Sponsor reserves the right to suspend, cancel, or modify the Contest at any time, in whole or in part, at any time and without notice or obligation if, subject to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) with respect to legal residents of Quebec, fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes beyond the control of the Sponsor corrupt the administration, security, integrity, or proper implementation of the Contest.
Without limiting the generality of the foregoing, if the Contest, or any part thereof, is not capable of running as planned for any reason, including but not limited to bugs, tampering, unauthorized intervention, fraud, or technical failures, which, in the sole discretion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion and subject only to the approval of the Régie in Quebec, void any suspect entries and: (a) terminate the Contest, or any portion thereof; (b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the Grand Prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Contest, violates the Official Rules, or acts with intent to annoy, abuse, threaten or harass any other person.
By joining the Joe Rocket Canada ‘Hardcore Canadian Giveaway’ Contest, entrants hereby: (i) accept, acknowledge, and agree to comply with these Official Rules including all eligibility requirements; and (ii) agree to adhere to and be bound by the decisions of the Sponsor, made in its sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Official Rules are subject to disqualification.
Sponsor and the Contest Entities do not warrant that access to or use of any Contest-related website will be uninterrupted. The Sponsor and the Contest Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; or (b) communications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions or hardware or software malfunctions, failures, or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other error in the offering or announcement of a prize or in any prize notification documents; or (d) for any errors of any kind in connection with the Contest, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest.
Entrants and the winners assume any and all liability and responsibility for injuries caused, or claimed to be caused by participating in the Contest, by the acceptance, possession, use or misuse of any prize awarded, including but not limited to claims/damages for personal injury or property damage.
Under no circumstances, including negligence, shall the Sponsor or Contest Entities be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Contest Prize, or out of any breach of any warranty. For and in consideration of the opportunity to participate in this Contest, entrants, the winner (on their own behalf and on behalf of their heirs, executors, administrators, and assigns) hereby irrevocably release and forever discharge the Sponsor and Contest Entities from any and all claims, demands, rights, and causes of action of any kind whatsoever, howsoever arising, directly or indirectly, in any way resulting from, in respect of or arising in any way out of participation in the Contest.
Any attempt by an entrant or other individual, to deliberately undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims or representations, is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserve the right to seek remedies of damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Participants engaging in any of the foregoing activities may be disqualified and will forfeit any prizes won.
Prizes displayed in point of sale, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only and are not available for retail sale. The actual prizes may vary from such prizes displayed. All prize details, and any restrictions related to the prizes, will be provided to the applicable prize winner upon the award of the prize. No prize will be awarded to any participant who fails in any way to comply fully, without limitation, with these Official Rules. The approximate retail values of the prizes as stated by the Sponsor in point of sale, television, and print advertising, Contest materials, and/or in these Official Rules may vary and are subject to price fluctuations in the consumer marketplace based on, among other things, the passage of time between the date the approximate retail values are stated by the Sponsor and the date a prize is awarded or redeemed. If, at the time a prize is redeemed or awarded, the actual prevailing retail purchase price for a prize is less than the approximate retail value stated by the Sponsor in point of sale, television, and print advertising, Contest materials, and/or in these Official Rules, winner will not be entitled to any compensation, cheque or cash. No cash alternative or substitution of a prize or portion thereof will be provided (other than as may be expressly provided for herein), except that the Sponsor, in their sole discretion, reserves the right to substitute a prize of equal or greater value if, for any reason, a prize as described cannot be awarded.
This Contest is subject to all federal, provincial, and municipal laws.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the Province of Ontario without regard to Ontario conflicts of law principles. All entrants consent to the jurisdiction and venue of the Province of Ontario.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in full force and effect, and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, the Sponsor’ employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
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.
Personal information collected from entrants will be collected and used by the Sponsor for the purpose of administering this Contest and prize fulfillment. By entering the Contest, entrant consents to the manner of collection, use and disclosure of personal information as set out in these Official Rules and in the Sponsor’ Privacy Policy, which is available at https://joerocket.ca/privacy-policy/. Sponsor will not sell, share, or otherwise disclose personal information of entrants other than in accordance with the Sponsor’s Privacy Policy or as permitted or required by law.
By accepting or participating in the Contest, the winner consents to the use of their name, address, voice, statement relating directly to the Contest, and their photograph or other likenesses, without further compensation, in any publicity carried out by the Sponsor or any related entities in connection with this Contest, except where prohibited by law.