MOTOAMERICA AUDIO-TECHNICA GIVEAWAY SWEEPSTAKES  

OFFICIAL RULES AND REGULATIONS  

  

NO PURCHASE NECESSARY TO ENTER, PARTICIPATE OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED.  

  

  1. SWEEPSTAKES PERIOD.  The MOTOAMERICA AUDIO-TECHNICA GIVEAWAY (the “Sweepstakes”) begins at 9a.m. Eastern Time (“ET”) on January 30th, 2024 and ends at 9 a.m. ET on February 7, 2024 (the “Sweepstakes Period”).    

  

  1. SPONSOR.  Krave Group, LLC dba MotoAmerica, 18004 Sky Park Circle, Ste 110, Irvine, California 92614 (“Sponsor”).  The Prize, as defined below, will be provided by Audio-Technica (“Prize Provider”).  

  

  1. ELIGIBILITY.  The Sweepstakes is open to legal permanent U.S. residents residing in the fifty (50) United States or the District of Columbia who are at least the age of majority in his/her state of residence (nineteen (19) in Alabama and Nebraska, twenty-one (21) in Mississippi and eighteen (18) in all other states) at the time of entry (the “Entrant”). Entrants must have access to the internet and a social media account on the applicable social media platform as of the commencement of the Sweepstakes Period and may be required to be a fan of Sponsor’s or Prize Provider’s Instagram page. Employees, directors, managers, officers, shareholders, members, agents, representatives and their immediate family members (including spouses, siblings, parents and children) and household members (whether related or not) of Sponsor and Prize Provider or any of their parent companies, subsidiaries, affiliates, , services agencies and companies involved in the design, implementation and execution of the Sweepstakes (the “Sweepstakes Partners”) are not eligible to participate in the Sweepstakes.  The Sweepstakes is subject to applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law.    

  

  1. AGREEMENT TO OFFICIAL RULES.  By entering the Sweepstakes, you fully and unconditionally agree to be bound by and accept all terms of these Official Rules (“Official Rules”) and the decisions of Sponsor (including decisions with respect to the selection of the winner and the interpretation of these Official Rules), which are final and binding in all matters related to the Sweepstakes and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself.  Winning the Prize is contingent upon fulfilling all of the requirements set forth herein.  

  

  1. HOW TO ENTER.     

  

1- You can enter the Sweepstakes by visiting Instagram.com/motoamerica during the Sweepstakes Period and following the instructions set forth therein…  

  1. Follow @audiotechnicausa and @motoamerica  
  1. Share this post on your story  
  1. Tag a friend or your favorite MotoAmerica rider in the comments  

All entries must be received by the end of the Sweepstake Period to be eligible. Only those entries actually received during the Sweepstakes Period will be entered in the random drawing as set forth in Section 7 herein.  All times are measured by Sponsor’s clock.  Proof of sending is not proof of receipt; screen shots or confirming e-mails will not be accepted as proof of receipt.  All entries become the property of the Sponsor and will not be acknowledged or returned.  Sponsor, Prize Provider and the Sweepstakes Partners are not responsible for lost, late, illegible, garbled, incomplete, damaged, corrupted, misdirected or unintelligible entries.  In the event it is determined that you have provided an invalid email address at time of entry, you will not receive an entry into the Sweepstakes. False or deceptive entries or acts will render the entrant ineligible.   

  

  1. PRIZE:  One (1) prize winner (the “Prize Winner”) will be awarded two (2) ATH-M20xBT Bluetooth headphones (Black Color), having a Manufacturer Suggested Retail Price (the “MSRP”) of approximately $79 each, $158 total (“Prize”).    

  

  1. WINNER SELECTION AND ODDS OF WINNING. The Prize Winner will be selected by random drawing to be conducted by Sponsor on or about February 8, 2024 from all eligible entries received during the Sweepstakes Period.  All decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes. Odds of winning the Prize is dependent upon the total number of entries received during the Sweepstakes Period.  

  

  1. WINNER NOTIFICATION. The potential Prize Winner will be notified by e-mail and/or telephone within approximately five (5) days following the random drawing described in Section 7 above. If the potential Prize Winner cannot be contacted, does not respond within five (5) days from the date the Sponsor first tries to notify him/her, the prize notification is returned as undeliverable, such potential Prize Winner will forfeit the Prize and Sponsor may, but is not required to, select an alternate Prize Winner by random drawing from among all remaining eligible entries. [The potential Prize Winner must complete, sign and return an Affidavit of Eligibility, Liability and Publicity Release.  If the potential Prize Winner fails to return these documents within five (5) business days from the date of the potential winner’s notification, he or she will be disqualified.] Upon contacting the potential winner and determining that they satisfy the eligibility requirements of the Sweepstakes, including without limitation the execution and return of the required Affidavit of Eligibility and Liability/Publicity Release, the potential winner will be deemed the “Prize Winner” and will be given instructions on how to claim the Prize.   

  

  1. PRIZE CONDITIONS.  Audio-Technica reserves the right to substitute the Prize with a Prize of the same or approximate retail value, in Sponsor’s sole discretion.  No cash substitutions will be allowed.  The Prize is non-assignable and non-transferable.  Any applicable federal, state, or local taxes and any expenses or costs incurred in connection with or incidental to receipt or use of the Prize are the sole responsibility of the Prize Winner, and Sponsor and the Released Entities shall not be responsible or liable for expenses or charges incurred by a Prize Winner in connection with the receipt or use of the Prize. If a Prize Winner does not claim the applicable Prize as directed, declines to accept the awarded Prize, or is disqualified for failure to comply with the prize conditions set forth herein or these Official Rules, the selected winner will forfeit the Prize and Sponsor may, but is not required to, award the forfeited Prize to an alternate winner selected by random drawing from among all remaining eligible entries.  The Prize(s) shall be awarded “as is” with no guarantees or warranties, either express or implied.  Sponsor, Prize Provider, and the Released Entities are not responsible and shall not be liable if the Prize is declined, undeliverable or not redeemed.  Sponsor, Prize Provider, and the Released Entities shall not be responsible for any limitations that prevent the Prize Winner from accepting or using the awarded Prize.  The failure of Sponsor, Prize Provider or the Released Entities to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, pandemic or epidemic, act of public enemies, actions of governmental authorities outside of the control of such parties (excepting compliance with applicable codes or regulations) or other force majeure events will not be considered a breach of these Official Rules.  

  

  1. PUBLICITY AND PRIVACY.  By entering the Sweepstakes, entrants and the Prize Winner consent to the use of their name, social media account name or handle and associated photograph, city, state, likeness, image, photograph and/or any statement made by you regarding the Sweepstakes, Sponsor or Prize Provider for purposes of advertising, marketing and promotion of Sponsor, Prize Provider, the Sweepstakes Partners and the Sweepstakes without compensation, except where prohibited by law.  Information collected from entrants through the Sweepstakes is subject to Sponsor’s privacy policy.  By entering the Sweepstakes, you agree to the collection and usage of your personal information as described in such privacy policy which can be found at https://www.motoamerica.com/privacy-policy/.      

  

  1. RELEASE OF LIABILITY. By entering the Sweepstakes, each Entrant releases and discharges the Sponsor, Prize Provider, the Sweepstakes Partners and any other party associated with the development or administration of this Sweepstakes, and each of their parent(s), subsidiaries, affiliates, together with each of their respective officers, directors, members, shareholders, employees, independent contractors, representatives, agents, successors and assigns (collectively, the “Released Entities”), from any and all liability whatsoever in connection with this Sweepstakes, including without limitation any and all claims, costs, injuries, losses, damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”), and entrants and the Prize Winner release and discharge the Released Entities from any and all Claims in connection with the administration of this Sweepstakes and the use, misuse, possession or redemption of the Prize.  To the fullest extent permitted by law, the Prize Winner shall indemnify and hold harmless the Released Entities from any claims or damages for bodily injury, sickness, disease or death or from any claims for damage to tangible property.  This indemnification shall extend to Claims resulting from use of the Prize and shall apply only to the extent that the Claim is caused in whole or in part by any negligent act or omission of the Prize Winner or user.  Sponsor and the Released Entities are not responsible and shall have no liability for any typographical or other error in the printing, the offering or the announcement of the Prize Winner or in the administration of this Sweepstakes.  

  

  1. DISCLAIMERS. The name of the person submitting the entry must be the authorized account holder of the Instagram social media account associated with the entry and the corresponding email address used to enter the Sweepstakes. In the event of a dispute over the identity of a potential winner, the entry will be declared made by the authorized social media account holder and/or holder of the email address submitted at the time of entry, and the potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such social media account and/or email address. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her social media account during the Sweepstakes Period. Sponsor, in their sole discretion, reserves the right to disqualify any person tampering with the entry process.  Sponsor reserves the right to modify, suspend, extend or cancel the Sweepstakes (with or without notice) at any time in Sponsor’s sole discretion, and may, but is not required to, substitute another Sweepstakes in its place. The Released Entities are not responsible for errors in the administration or fulfillment of this Sweepstakes, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Sweepstakes based upon such error at its sole discretion without liability. THE RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, REGARDING THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE.  CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.  

  

  1. LIMITATIONS OF LIABILITY.  Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Released Party or entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.; (c) inaccessibility or unavailability of any network or wireless service, the Internet, website or survey or any combination thereof; (d) unauthorized human intervention in any part of the submission process or the Sweepstakes; (e) printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the processing of the entries, the announcement of the Prize or the Prize Winner, or in any Sweepstakes-related materials; or (g) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of the Prize.    

  

  1. DISPUTES; APPLICABLE LAW.  All entrants and the Prize Winner agree that any and all disputes, claims and causes of action arising out of or in connection with this Sweepstakes, or any prize awarded or the determination of the Prize Winner, which cannot be resolved between the parties, shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then in effect.  Further, in any such dispute, under no circumstances will entrants or the Prize Winner be permitted to obtain awards for, and each entrant and Prize Winner hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, including attorneys’ fees, other than entrant’s or the Prize Winner’s actual out-of-pocket expenses incurred by participation in the Sweepstakes, and each entrant and Prize Winner further waives any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of the entrants, Prize Winner, Sponsor, Prize Provider and the Sweepstakes Partners in connection with the Sweepstakes shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of laws rules or provisions (whether of the State of California or any other jurisdiction) that would cause application of the laws of any jurisdiction other than the State of California.  All entrants and the Prize Winner consent to the jurisdiction and venue of the courts and arbitration located within Orange County, California.  

  

  1. WINNER’S LIST:  For a list of winners send a request along with a stamped, self-addressed envelope to: Krave Group, LLC dba MotoAmerica, 18004 Sky Park Circle, Ste 110, Irvine, California.  Requests received after April 27, 2024, will not be honored.  

  

THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, X (TWITTER), META, FACEBOOK, INSTAGRAM OR ANY OTHER SOCIAL MEDIA PLATFORM.  BY ENTERING THE SWEEPSTAKES, YOU AGREE TO RELEASE X (TWITTER), META, FACEBOOK, INSTAGRAM AND ANY OTHER SOCIAL MEDIA PLATFORM FROM ANY POTENTIAL LIABILITY IN CONNECTION WITH YOUR ENTRY AND PARTICIPATION IN THE SWEEPSTAKES, AND YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO X (TWITTER), META, FACEBOOK, INSTAGRAM OR ANY OTHER SOCIAL MEDIA PLATFORM.