THE PROMOTION: The Finkelstein & Partners LLP 2020 Yamaha Motorcycle Giveaway (the "Promotion") will begin on March 1, 2020 at 12 A.M. EST and end on September 19, 2020 at 1 P.M. EST ("Promotion Period"). Odds of winning depend upon the number of eligible Entries (as defined below) received. Promotion is subject to all applicable federal, state and local laws. Void where prohibited.
ELIGIBILITY: The Promotion is open only to legal United States ("U.S.") residents of the states of New York, New Jersey and Connecticut who are at least twenty (20) years old as of the start of the Promotion Period with a valid United-States-issued motorcycle license at time of contest entry. Void outside New York and New Jersey; in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions, and where prohibited by law. Officers, directors, and employees of Promotion Entities (as defined below), members of these persons' immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Promotion. Promotion Entities, as referenced herein, shall include Townsquare Media, LLC, ("Sponsor"), WRRV, WPDH, Finkelstein & Partners, LLP, Jim Moroney's, Inc. and their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Promotion.
HOW TO ENTER: To enter, visit www.wintheultimatecruiser.com & fill out the form. In the event you do not have access to a computer, the Internet or a valid email address, you can submit a mail-in entry by sending your name, address, DOB, and phone number in a stamped envelope labeled "Finkelstein & Partners Win The Ultimate Cruiser Entry. To: Danielle Mackey @ Finkelstein & Partners, LLP, 1279 Route 300, Newburgh, NY 12551."
Only one entry per person is permitted. In the event that the selected winner is unable to be reached or found to be ineligible by Sponsor in its sole discretion, another entrant will be drawn at random that meets the above requirements, as determined by Sponsor in its sole discretion, and will be the potential winner (defined below). Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
WINNER SELECTION AND NOTIFICATION: On or about September 19, 2020, one (1) winner ("Winner") will be selected at random from all entries and notified by phone and/or email from Finkelstein & Partners, LLP after accurately fulfilling the requirement as a condition of winning as described above. Potential Winners must continue to comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. There will be a total of one (1) Winner during the Promotion Period. Potential Winners may be required to sign and return to Sponsor, an affidavit of eligibility, liability and publicity release (except where prohibited) and a tax acceptance form (collectively, "Promotion Documents") within one (1) week of the date notice is sent, if applicable. Noncompliance within the stated time period will result in disqualification, and, at Sponsor's sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If any potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsor's sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. Limit one (1) prize per family or household.
PRIZES: There will be a total of one (1) Prizes (as defined below) awarded.
One (1) 2020 Yamaha MT-07 motorcycle (Color: Ice Fluo). Total ARV of potential prizes is seven thousand, one-hundred and ninety-five dollars ($7,195.00).
All details of Prize will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winners. For any Prize with an ARV of six hundred dollars ($600) or greater, Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won. Prizes are subject to certain terms and conditions.
Prize cannot be transferred by Winners or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winners. If any Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsor's sole discretion.
Restrictions: All entrants must be at least 20 years of age at time of entry, be a resident of the states of New York, New Jersey or Connecticut, and have a valid motorcycle license.
CONDITIONS: By entering the Promotion, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (a) to release and hold harmless Promotion Entities and their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the or Promotion and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Promotion and to hereby acknowledge that 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 Prize, including express warranties provided exclusively by prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant's name on WRRV.COM, WPDH.COM or LAWAMPM.COM ("Website") and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Promotion itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Promotion at Sponsor's sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Promotion or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Promotion. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Promotion or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsor may prohibit any entrant or potential entrant from participating in the Promotion, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Promotion.
DISPUTES: Except where prohibited by law, as a condition of participating in a Promotion, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with a Promotion, including but not limited to Prize 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 Judicial Arbitration and Mediation Services, Inc. ["JAMS"] and held at the JAMS regional office nearest the Entrant. The Promotion is governed by, and will be construed in accordance with, the laws of the State of New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney's fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
WINNER ANNOUNCEMENT: For the names of the Winner(s), send a self-addressed, stamped envelope to be received by November 19th, 2020 to: Finkelstein Motorcycle Giveaway: Winner Request c/o Danielle Mackey @ Finkelstein & Partners, LLP, 1279 Route 300, Newburgh, NY 12551
Sponsor: Townsquare Media, 2 Pendell Road, Poughkeepsie, NY 12601; Finkelstein & Partners, LLP; Jim Moroney's, Inc.
For questions, send an email to Danielle Mackey <DMackey@lawampm.com>