DATES: This sweepstakes begins May 18, 2008 at 12:01:00 A.M. EST and ends June 30, 2008 at 11:59:59 PM EST ("Sweepstakes Period").
WHO MAY ENTER: Open to all legal residents of the 50 United States and the District of Columbia, age 21 and over. Individuals employed by Motorola, Inc. ("Sponsor"), Ventura Associates, Inc., DRAFTFCB, Inc. their affiliate companies, subsidiaries, advertising and promotion agencies, or judges (collectively "Sweepstakes Parties") at any time during the Sweepstakes Period, and members of their immediate family (parent, child, sibling, or spouse of any of the foregoing) or persons living in the same household, are not eligible.
HOW TO ENTER: To enter for a chance to win complete and submit an official entry form at www.motodanica.com, a website owned and controlled by Motorola, Inc. Internet entries must be received by 11:59 PM EST on June 30, 2008. For purposes of these Official Rules, "receipt" of an entry occurs when Sponsor's servers record the entry information resulting from entrant clicking the "Submit Entry" button. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by Sponsor for purposes of these Official Rules. Internet entries will be deemed made by the authorized account holder of the email address at the time the entry is submitted. The authorized account holder is the natural person who is assigned to the email address by an Internet Service Provider or other organization that is responsible for assigning email addresses or the domain names associated with email addresses. The potential winner may be required to provide Sweepstakes Parties with proof that he/she is the authorized account holder of the email address associated with the winning entry. Limit one entry per person per email address. All eligible entries received will be eligible for the applicable drawing. Although subsequent attempts to enter may be received, only the first entry received from a particular individual email account will be eligible; subsequent attempts to enter will be disqualified. The submission of an entry is solely the responsibility of the entrant. Entries may only be made according to the method described above. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service), are not permitted and will be disqualified. Only eligible entries actually received by Sweepstakes Parties before the end of the specified entry period will be included in the prize drawing. Illegible, unintelligible, incomplete, or garbled entries will be disqualified.
HOW TO WIN: On or about July 7, 2008 a random drawing will be conducted by an independent judging agency to select the winners from all eligible entries received. On or about July 8, 2008, winners will be notified by email, telephone and/or overnight mail. It is the responsibility of entrant to maintain the email address used to enter Sweepstakes in good working order. All winners must meet the eligibility requirements set forth in these rules, and sign an affidavit of eligibility, and liability and publicity release, where permitted by law, in order to qualify for the prize. Limit one prize per person. Note: You are not a winner of any prize until you have been verified as a winner by the independent judging Agency. Decisions of the judges are final in all matters relating to this Sweepstakes.
ODDS OF WINNING: The odds of winning depend upon the number of eligible entries received.
PRIZES: A four (4) day/three (3) night trip for winner and one (1) guest to Sonoma Valley, CA. ("City"), on August 22 - August 25, 2008 or Sponsor-selected dates. Prize consists of the following elements: [1] hotel accommodations (one standard room, double occupancy, including room tax) for three (3) nights; [2] two (2) suite tickets to the 2008 Indy Grand Prix ("Event") on August 24; [3] garage and pit tours for winner and guest; [4] dinner for two (2) including limousine service to and from dinner; [5] $500 Gift Certificate for Spa treatments at hotel for winner; [6] one (1) wine tasting tour for winner and guest ; [7] if winner's residence is located more than one hundred (100) miles from the City, round-trip coach air transportation will be provided for winner and guest on a Sponsor-selected carrier between a Sponsor-selected major metropolitan airport near winner's residence ("airport of origin") and a Sponsor-selected major airport in or near the City and [8] airport/hotel/Event transfers. If, for any reason, the race/garage and/or pit tours are cancelled or does not occur after taking of prize, the trip may be awarded without those elements of the prize. All expenses not specifically mentioned herein are not included and are solely the winner's responsibility, including but not limited to: round trip transportation between the winner's residence and any airport of origin, beverages, tax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor's approval. Airline carrier and hotel regulations and conditions apply. If winner's residence is located less than one hundred (100) miles from the City, there will be a $100 allowance to cover transportation. Winner and guest must be able to travel on the dates specified by the Sponsor or prize will be forfeited. Travel must be completed between August 22 - August 25, 2008. If the potential Grand Prize winner cannot accept the prize as stated, prize will be forfeited in its entirety. If Grand Prize winner is an eligible entrant but a minor in his or her state of residence, the Grand Prize will be awarded to his or her parent or legal guardian. Travel must be made through Sponsor's agent and Sponsor shall determine airline and flight itinerary in its sole discretion. Releasees are not responsible for airline cancellations or delays. Winner and guest must travel together on same itinerary and must have proper individual identification as may be required by the airline. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate Retail Value ("ARV"): $7,000.00, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. Two (2) First Prizes: A MOTO Q™ 9c; ARV: $310.00 each. Activation and service of the phones and all charges associated therewith are solely the winner's responsibility and will not be awarded as part of the prize. All applicable taxes, fees and usage charges on prizes are the sole responsibility of the winner. Specific phones and any differentiating details (including but not limited to phone color) is solely determined by Sponsor and will be awarded to winners on a random basis without regard to winner's existing phone service. Two (2) Second Prizes: A MOTOROKR™ T505 Bluetooth® In-Car Speakerphone with Digital FM Transmitter; ARV: $70.00 each. Two (2) Third Prizes: A Motorola Universal Bluetooth Headset H710; ARV: $50.00 each. Total ARV of all prizes is $7860.00. Prizes non-transferable and no substitutions or cash redemptions will be made. In case of availability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value.
CLAIMING GRAND PRIZE: As a condition of winning the Grand Prize, winner must complete, sign and return an Affidavit or Eligibility and Liability and Publicity Release, where permitted by law, and any other applicable forms required by a taxing authority, within five (5) calendar days of receipt of written prize notification or prize will be forfeited and an alternate winner may be selected. If prize or prize notification is returned as undeliverable, it will result in forfeiture of prize and prize may be awarded to an alternate winner in a separate random drawing. Guest (or, if a minor, his/her parent or legal guardian) must execute and return a liability/publicity release prior to ticketing, and Grand Prize winner may be required to sign a separate release at the Event. Any minor on the Trip must be accompanied by his/her parent/legal guardian ("Parent"). Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her prize.
CLAIMING FIRST/SECOND/THIRD PRIZES: Prizes will be shipped within 4-6 weeks of drawing date. If prize or prize notification is returned as undeliverable, it will result in forfeiture of prize and prize may be awarded to an alternate winner in a separate random drawing.
MISCELLANEOUS CONDITIONS: All prizes claimed will be awarded. All entries become the property of Sponsor and will not be returned. By participating entrants agree to abide by and be bound by these Official Rules and the decisions of the judges, which shall be final and binding with respect to all issues relating to this Sweepstakes. It is your responsibility to ensure that you have complied with all of the conditions contained in the Official Rules. Sponsor is not responsible for any lost, late, misdirected, stolen, illegible, incomplete entries, or for any computer, online, telephone or technical malfunctions that may occur. Sweepstakes Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, any of the equipment or programming associated with or utilized in the Sweepstakes, or any technical or human error which may occur in the processing of submissions in the Sweepstakes. Sweepstakes 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. Sweepstakes Parties are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. Sweepstakes Parties are not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sweepstakes Party which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and select winners from among all eligible entries received prior to the cancellation. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors.
By participating in this Sweepstakes, entrants agree to release and hold harmless Sweepstakes Parties and each of their respective parent companies, affiliates, subsidiaries, officers, directors, representatives, agents and employees, from any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, 1) the awarding, acceptance, receipt, possession, use and/or misuse of any prize awarded herein; or 2) participation in the Sweepstakes or any prize related activities, including but not limited to traveling to or from any prize related activity.
BY ACCEPTING PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN ATTENDING THE INDY GRAND PRIX EVENT (INCLUDING THE GARAGE AND PIT TOURS), INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT SWEEPSTAKES PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
Privacy: By participating in this sweepstakes, entrants agree to Sponsor's use of their personal information for both online and offline direct marketing purposes. You may review Sponsor's Privacy policy at www.motorola.com/privacy Your personal information may be shared with the other Sweepstakes Parties. The individual Sweepstakes Parties are solely responsible for their use of this information.
Arbitration and Choice of Law: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Illinois, USA without regard to Illinois choice of law rules.
Winner's List: If you would like a copy of the winner's list, please send a self-addressed stamped envelope to: Motorola Race Day My Way Sweepstakes Winners List, PO Box 9336, Medford, NY 11763-9336 before June 30, 2008
Official Rules: If you would like a copy of these Official Rules, please visit www.motodanica.com and print the official rules page.
SPONSOR: Motorola, Inc. 600 N. US Highway 45, AS-342, Libertyville, IL 60048 and Ventura Associates, Inc., 1040 Sixth Avenue, New York, NY 10018.
