'The Bike is Back' Sweepstakes Official Rules
I. SWEEPSTAKES PERIOD: The “The Bike is Back” Sweepstakes (the “Sweepstakes”) begins on or about 12:00:01 AM Central Daylight Time (“CDT”) on April 24, 2012 and ends at 2:00 PM CDT on May 2, 2012 (the “Entry Period”). The Sweepstakes is sponsored by Rigzone.com, 5870 Hwy 6 North Suite 107 Houston, TX 77084 (the “Sponsor” and “Prize Supplier”). The official clock for purposes of the Sweepstakes is the computer of the Sponsor.
II. ELIGIBILITY: The Sweepstakes is open to legal US residents that are 18 years of age or older (as of 4/24/12) and are either the owner or employee of a company that engages in oil/gas exploration. THIS SWEEPSTAKES IS NOT OPEN TO THE GENERAL PUBLIC. Officers, members, directors and employees of the Sponsor, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes, and Compliance Sweepstakes Services (the “Administrator”) (collectively, the “Released Parties”) and the immediate family members (parent, in-laws, grandparents, children, grandchildren, siblings, and spouse) of, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law.
III. HOW TO ENTER THE SWEEPSTAKES: An individual will be deemed a Participant in the Sweepstakes if they are eligible and enter the Sweepstakes using either of the following methods of entry: 1) Participants at the Offshore Technology Conference held in Houston (Texas) may enter the Sweepstakes by completing an entry at the Rigzone.com vendor booth. All entries must be fully completed and received at the booth between 6:00 AM CDT on April 30, 2012 and 2:00 PM CDT on May 2, 2012. Each Participant will be limited to one (1) Sweepstakes entry during the promotion; 2) Participants receiving an e-mail notification may enter by hand printing on a 3" x 5" card, in black or blue ink, your first name, last name, email address, mailing address, city, state, zip code, phone number with area code first (cell phone preferred), date of birth, company name and the words “The Bike is Back” Sweepstakes and mail the 3" x 5" card in a first class stamped envelope to: Rigzone.com “The Bike is Back” Sweepstakes, 106 Elm Street, Stonington, CT 06378. The mail-in entries must be postmarked by April 28, 2012 and received by May 2, 2012.
By completing and submitting the Sweepstakes registration, each participant will earn one (1) Sweepstakes entry. Limit one (1) entry per person and household (mailing address) during the Entry Period regardless of the method entry. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant that submits more than the stated maximum limit of entries by using multiple / different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, misdirected, stolen, postage-due registrations, entries or mail. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
IV. OPT-IN: By entering the Sweepstakes, you consent for the Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes. You are authorizing the Sponsor to send you emails to the address entered on entry form. You may opt out of receiving future e-mails from Sponsor by clicking on the link contained in the initial e-mail.
V. LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, government regulation, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes (or any part thereof), the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part, at any time, without notice and award the prize(s) using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, or servers, which may be used to collect entries. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
VI. PRIZES: There will be One (1) Grand Prize winner. The Grand Prize winner will be awarded a 2012 Harley Davidson motorcycle. The exact make/model of the motorcycle and all accessories/features will be determined by the Sponsor in its sole discretion. The Approximate Retail Value ("ARV") of the Grand Prize is $18,000. Grand Prize winner will be solely responsible for all vehicle title, license and registration fees, freight, delivery, dealer prep, emissions inspection, additional equipment, all federal, state and local taxes, insurance, gasoline, vehicle maintenance and all other fees and expenses associated with receipt and use of the prize vehicle. Any additional vehicle options will be the responsibility of the Grand Prize winner. Grand Prize winner must provide proof of valid insurance and a valid driver’s license to take delivery and must take delivery at a dealership designated by Sponsor within sixty (60) days. The Total Prize pool value is $18,000.
VII. PRIZE WINNER SELECTION: \The Grand Prize winner will be selected from among all eligible entries received, in a random drawing on May 2, 2012, at or about 6:00 PM CDT by the Administrator, an independent judging organization, whose decisions are final and not subject to challenge and/or appeal in all matters relating to this Sweepstakes. Odds of winning a prize will depend on the total number of eligible entries received. The Grand Prize winner will be notified by telephone and/or e-mail. Upon initial notification and verification of the Grand Prize winner, confirmation will be sent to the prize winner via e-mail, on location at Offshore Technology Conference held in Houston (Texas), or other home delivery service of Sponsor’s choice.
VIII. PRIZE TERMS AND CONDITIONS: The Grand Prize winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. The Grand Prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Prize Acceptance Release”), and return it within 7 days of written notification or the prize may be forfeited and an alternate potential winner selected. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner may be selected for the prize at issue. To claim a prize, you will be required to provide your correct full-name, mailing address, telephone number and/or e-mail address. The Prize Acceptance Release is subject to verification by Sponsor and the potential winner is subject to verification before the prize will be awarded.
The Sponsor and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to the prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. Sweepstakes Administrator is not the supplier or guarantor of any prize. Prizing may be fulfilled by a third party. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.
The prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The stated ARV of the prize is based on available information provided to Sponsor and such determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Prize winner will be required to provide Sponsor with a valid social security number before a prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of the Grand Prize winner for the total ARV of the Grand Prize, as stated above, in the calendar year the prize was won. All properly claimed prizes will be awarded.
The winners acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
IX. PRIVACY NOTICE: Sponsor collects personal data when participant enters this Sweepstakes. Entering the Sweepstakes constitutes participant’s permission for the Sponsor and its affiliated companies to maintain the data in the United States. The data is collected to maintain a record of those who have entered the Sweepstakes, to contact the potential Grand Prize winner, and for Sponsor’s marketing.
X. RELEASES: The Sweepstakes is subject to all applicable U.S. federal, state, and local laws. By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and agree that: 1.) Released Parties and their designees and assigns shall have the right and permission to use (unless prohibited by law) the Grand Prize winner’s name, photograph, video, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without further notice, permission or compensation, and 2.) Released Parties and their designees and assigns and all of their respective officers, directors, employees, representatives and agents shall have no liability and entrant will indemnify, release, defend and hold Released Parties harmless from any and all liability, loss, injury, or damage to entrant themselves or any other person or entity, including personal injury, death or damage to personal or real property, due, in whole or in part, directly or indirectly, by reason of the acceptance, receipt, possession, use or misuse of the Grand Prize (including any Grand Prize activity or travel related thereto) or participation in this Sweepstakes or any Sweepstakes-related activity. Entrants further acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the Grand Prize, including, but not limited to, its quality or fitness for a particular purpose.
XI. GOVERNING LAW/DISPUTES: Except where prohibited by law, by entering the Sweepstakes, entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, exemplary, indirect, special, incidental or consequential damages, any other damages (whether to due to negligence or otherwise), other than actual out-of-pocket expenses (if any), and 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 and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Texas without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Texas. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Texas, and entrants hereby consent to the personal and exclusive jurisdiction of such courts with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules or Sweepstakes and waive any right of change of venue, forum non conveniens and any like right. ENTRANTS HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND ENTRANTS. 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 effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision.
XII. OFFICIAL SWEEPSTAKES RULES REQUEST: The official rules will be available at www.rigzone.com/landing/Rules_2012_OTC_Motorcycle_Giveaway between April 24, 2012 and May 2, 2012. In addition, a copy of rules will be available between April 30, 2012 and May 2, 2012 at the Rigzone.com vendor booth at the Offshore Technology Conference held in Houston (Texas).
XIII. WINNERS LIST REQUEST: To request confirmation of the name and city/state of residence for the winner, please send a self-addressed, stamped business size envelope, by June 30, 2012, to: Compliance/“The Bike is Back” Sweepstakes Winners List, 106 Elm St, Stonington, CT 06378.
XIV. SPONSOR: Rigzone.com, 5870 Hwy 6 North, Suite 107, Houston, TX 77084
XV. ADMINISTRATOR: Compliance Sweepstakes Services, 106 Elm St., Stonington, CT 06378.