2023 Rules, Eligibility, Terms & Conditions

KAWASAKI TEAM GREEN CANADA 2023

OFFICIAL CONTEST RULES AND REGULATIONS

 

THIS IS A SKILL CONTEST. This contest is open only to residents of Canada and is governed by Canadian law.

 

  1.       KEY DATES:

 

The Kawasaki Team Green Canada 2023 Contest (the “Contest”) is brought to you by Canadian Kawasaki Motors Inc. (the “Sponsor”) and its nationwide dealer network and begins on 1 March 2023 at 12:00:00 a.m. Eastern Time (“ET”) and ends on October 31, 2023 at 11:59:59 p.m. ET (the “Contest Period”). 

 

However, participants must register no later than May 31, 2023 at 11:59:59 p.m. ET (see Rule 4 below).

 

 

  1.       ELIGIBILITY TO ENTER:

 

The Contest is open only to residents of Canada who either: (a) have reached the legal age of majority in their province/territory of residence at the time of entry; or (b) have not reached the age of majority in their province/territory of residence at the time of entry and have obtained written permission from their parent or legal guardian, except for employees, officers, directors, representatives or agents (and those with whom such persons are living, whether related or not) of the Sponsor, of any member of its dealer network in Canada, and of the organizers of Eligible Events, as well as each of their respective distributors, representatives, agents, sponsors, parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”).

 

To be eligible for this contest, the motorcycle used in all Eligible Events (as defined below) (the “Motorcycle”) must meet the following criteria:

  1.        It must have been purchased from an authorized Canadian Kawasaki dealer in Canada;
  2.       It must have a Canadian vehicle identification number (“VIN”);
  3.        Ownership of the motorcycle must be registered in the name of the rider or the parent or legal guardian of the rider;
  4.       The dominant color of the motorcycle (i.e. the color that occupies more space on the motorcycle than any other color, as determined by the Sponsor in its sole and absolute discretion) must be lime green; and
  5.        The current Kawasaki logo must be visible.

 

In addition, to be eligible for the Championship Prize or a Contingency Prize (both as defined below), you must meet the following requirements:

 

Championship Prize:

  1.        Be an amateur motorcycle rider, defined as a rider who participates in amateur classes and holds an amateur license issued by his/her licensing body (an “Amateur”) (professional motorcycle riders (“Pros”) are not eligible);
  2.       The Motorcycle used in all Eligible Events (as defined below) must be a 2020 or newer Kawasaki KX or KLX model;

 

Contingency Prize:

  1.        The Motorcycle used in all Eligible Events (as defined below) must be one of the following Kawasaki model years:

-        2020 or newer KX450

-        2020 or newer KX25O

-        2020 or newer KX100/112

-        2020 or newer KX85

-        2020 or newer KX65

-        2020 or newer KLX300R

-        2020 or newer KLX230R

-        2020 or newer KLX140

-        2020 or newer KLX110

-        2020 or newer Z125

 

  1.       To be eligible in each Category (as defined in Rule 8 below), participants must meet the following requirements:

                                i.            Provincial/Regional Contingency

  1.       Must compete at events held in the applicable Region (as defined in Rule 8 below). For the avoidance of doubt, if a participant competes in Eligible Events in different Regions, they may accumulate points in different Regions;
  2.       Must be an Amateur; and
  3.       Must be under 30 years old at the time of participation.

 

                     ii.        Model-specific Contingency

  1.       Must be an Amateur; and
  2.       Must be using a Motorcycle of the model indicated in Rule 8 below.

 

                            iii.            Top Female Rider Contingency – Amateur

  1.       Must identify as female; and
  2.       Must be an Amateur.

 

                            iv.            Top Female Rider Contingency – Pro

  1.       Must identify as female; and
  2.       Must be competing in a Pro class.

 

                              v.            Best Rider by Age Group

  1. Must be aged as per the applicable age category indicated in Rule 8 at the time of participation.
  2. Age restrictions are based on age as follows as of December 31st of current year.

 

                            vi.            Non-MX Contingency

  1.       Must be participating in off-road enduro, Flat Track, and Mini-SBK events. Arena Cross (AX), Supercross (SX), and other Motocross (MX)-derived events are ineligible.

 

  1.       AGREEMENT TO BE LEGALLY BOUND BY RULES:

 

By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).

 

  1.       HOW TO PARTICIPATE:

 

THIS IS A SKILL CONTEST. To participate in this Contest, you must complete the following steps:

 

  1.        No later than May 31, 2023, visit teamgreencanada.ca and follow the steps provided to register. This will require, if you have not already done so, completing a profile, which will require you to provide information including your name, date of birth, email address, home address, and telephone number. It will also require you to list the VIN and also upload a photo of your Motorcycle(s), list your supporting dealer, and to specify which series you intend to race in. If you have not yet reached the age of majority in your province/territory of residence, your parent or legal guardian will be required to provide their written consent to your participation in this contest, by providing their information in the rider’s profile. •.
  2.       Rider profiles will be reviewed by the Sponsor for compliance with entry requirements. Both rider profiles and Motorcycles will be reviewed; Motorcycles will only be approved if they comply with the requirements outlined in rule 2 above.

 

  1.        If you are not doing so already, follow Canadian Kawasaki Motors on Instagram (@canadiankawasaki) and Facebook (www.facebook.com/CanadianKawasakiMotors).

 

  1.       Ride a Motorcyle that complies with the requirements above in an eligible event (as defined within the results.teamgreencanada.ca portal) (each an “Eligible Event”) during the Contest Period. Please note that Eligible Events are operated independently; the Sponsor is not associated with these in any way, and does not have any control over any Eligible Events. Eligible events comprise MX, SX, or AX events sanctioned by Motorsport Racing Canada (MRC), and other off-road events sanctioned by Flat Track Canada, FIM MiniSBK, Nova Scotia Off Road Riders Association, or Corduroy Enduro.  Eligible Events are subject to change without notice. It is the sole responsibility of the participant to stay up to date on Eligible Events.

 

  1.        Within 45 Days of the applicable Eligible Event, visit teamgreencanada.ca, login in to your account, and click on the “ADD RESULTS” icon to select the applicable Eligible Event. Choose the discipline, race class and which KX/KLX was raced with the overall rank received in that event. Only official series results as issued by the organizer of each Eligible Event will be accepted. A link to the official series results must be provided by the participant. Official results from each series will be verified by the Sponsor. After submitting, you will receive an email confirming the submission. Sponsor will review the event results for accuracy. You will receive a notification email from the Sponsor once results have been verified.

 

  1.         If your results are confirmed, you will be awarded the number of points (if any) corresponding to your standing as outlined in Rule 9 below. Your account profile will show all results you have submitted and their approval status, as well as any points awarded.

 

 

  1.       ENTRY LIMIT AND CONDITIONS:

 

There is no limit to the number of Eligible Events a participant may complete during the Contest Period. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) exceed any of the limits stated in these Rules; (ii) use multiple names, identities, email addresses and/or use any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Contest; (iii) falsely claim an eligible winner designation; and/or (iv) disrupt or participate in the Contest in any other fraudulent or misleading way, including but not limited to submitting untrue information with regards to an Eligible Event, then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”)  are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible entries, results, Eligible Event-related information, and/or any other Contest-related information (collectively, “Contest-Related Information”), all of which are void.

 

Any Contest-Related Information may be rejected if, in the sole and absolute discretion of the Sponsor: (i) it is not submitted and received in accordance with these Rules during the Contest Period; and/or (ii) it is not in compliance with these Rules (including, but not limited to, the specific Participation Requirements listed below), all as determined by the Sponsor in its sole and absolute discretion.

 

  1.       VERIFICATION:

 

All Contest-Related Information and participants are subject to verification at any time and for any reason.  The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government-issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest or in any Eligible Ride; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Contest-Related Information and/or other information entered (or purportedly entered) for the purposes of this Contest; (iii) for the purposes of confirming any information submitted in relation to an Eligible Ride, including but without limitation an entrant’s valid registration, results, and/or Motorcycle used; and/or (iv) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.  The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsor. Proof of transmission (screenshots or captures etc.) or attempted transmission of any communication, does not constitute proof of delivery or receipt by the Sponsor.

 

  1.       PARTICIPATION REQUIREMENTS:

 

BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTEST AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE CONTEST OR ANY ACTIVITIES RELATED THERETO, INCLUDING WITHOUT LIMITATION, AN ELIGIBLE RIDE. BY PARTICIPATING IN THIS CONTEST, YOU ALSO AGREE THAT YOUR PARTICIPATION (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES, INCLUDING WITHOUT LIMITATION, AN ELIGIBLE RIDE; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; (IV) ANY ELIGIBLE EVENT, INCLUDING BUT WITHOUT LIMITATION ANY CHANGES OR CANCELLATION TO AN ELIGIBLE EVENT, OR ANY DECISION MADE BY THE ORGANISER OR OFFICIALS OF AN ELIGIBLE EVENT; AND/OR (V) IF DECLARED A WINNER, THE APPLICABLE PRIZE (INCLUDING ANY USE OR MISUSE OF THE APPLICABLE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZE. 

 

By participating in the Contest, each entrant hereby warrants and represents that any Contest-Related Information he/she submits does not contain any reference to any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence, and will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party.

 

  1.       PRIZES:

 

There are a total of forty-five (45) prizes available to be won in this Contest: one (1) championship prize (the “Championship Prize”) and forty-four (44) contingency prizes (each, a “Contingency Prize”); as set out below:

 

  1.       Championship Prize

 

The Championship Prize consists of a credit of $10,000 CAD applicable to the purchase of a new 2023 Kawasaki KX or KLX motorcycle.

The following conditions apply to the Championship Prize: (i) it may be redeemed only towards the purchase of a new 2023 Kawasaki KX or KLX motorcycle from an authorized Canadian Kawasaki dealer in Canada; (ii) credit will be applied after taxes; (iii)  the credit can be applied only to the purchase price of the motorcycle; it cannot be applied towards taxes, environmental fees, accessories, or any other fees associated with the purchase of the vehicle.; (iv) if the motorcycle purchased by the confirmed winner costs less than $10,000 CAD, the unused portion of the credit will be forfeited; it cannot be saved for future transactions or applied to the purchase of other items; (v) it may not be applied to past transactions and has no cash or other value.

 

  1.       Contingency Prizes

 

There will be a total of forty four (44) Contingency Prizes available to be won, in the following categories (each, a “Category”): (a) Provincial/Regional Contingency (twenty-one (21) Prizes available); Model-specific Contingency (eight (8) Prizes available); Top Female Rider Contingency - Amateur (two (2) Prizes available); Top Female Rider Contingency - Pro (one (1) Prize available); Best Rider by Age Group (six (6) Prizes available); and Non-MX Contingency (three (3) Prizes available).

Each Contingency Prize constitutes a credit in the amount specified below that may be redeemed at any authorized Kawasaki dealer in Canada towards the purchase of KX or KLX motorcycles or Kawasaki Genuine Parts & Apparel. The Prizes by Category are as follows:

Provincial/Regional Contingency

Twenty-one (21) Prizes are available, by region, with three (3) Prizes available per region, as follows:

Region

1st Place

2nd Place

3rd Place

British Columbia

$2,000

$750

$500

Alberta

$2,000

$750

$500

Saskatchewan

$2,000

$750

$500

Manitoba

$2,000

$750

$500

Ontario

$2,000

$750

$500

Quebec

$2,000

$750

$500

Atlantic

$2,000

$750

$500

 

For the purposes of this Category, the applicable regions are as follows:

Region

Provinces included

British Columbia

British Columbia

Alberta

Alberta

Saskatchewan

Saskatchewan

Manitoba

Manitoba

Ontario

Ontario

Quebec

Quebec

Atlantic

Prince Edward Island, New Brunswick, Newfoundland, Nova Scotia

 

Model-specific Contingency

Eight (8) Prizes are available, as follows:

Motorcycle:

Amount

KX65

$750

KX85

$750

KX112

$750

KLX110

$500

KLX140

$500

KLX300R/KLX230

$500

KX250/KX250X

$1,000

KX450/KX450X

$1,000

 

Top Female Rider Contingency – Amateur

Three (3) Prizes are available, as follows:

 

1st Place

2nd Place

3rd Place

$1,000

$500

$300

 

 

 

 

Top Female Rider Contingency – Pro

Three (3) Prizes are available, as follows:

 

1st Place

2nd Place

3rd Place

$1,000

$500

$300

 

Best Rider by Age Group

Seven (6) Prizes are available, as follows:

 

Under 12 years

Under 20 years

Under 30 years

Over 30

1st place

Over 30

2nd place

Over 30

3rd place

$500

$750

$1,000

$2,000

$1,500

$750

 

 

Non-MX Contingency

Three (3) Prizes are available, as follows:

 

1st Place

2nd Place

3rd Place

$5,000

$2,000

$1,500

 

 

The total retail value of all Contingency Prizes is $47,100 CAD. The total retail value of the Championship Prize is $10,000. The total retail value of all Prizes is $57,100.

 

All Contingency Prizes must be redeemed before March 31, 2024.

 

Each Contingency Prize is subject to the following requirements: (i) it may be redeemed only towards the purchase KX or KLX motorcycles or Kawasaki Genuine Parts & Apparel from an authorized Canadian Kawasaki dealer in Canada; (ii) credit will be applied after taxes; (iii) the credit can be applied only to the purchase price of the motorcycle; it cannot be applied towards taxes, environmental fees, accessories, or any other fees associated with the purchase of the vehicle; (iv) it may not be applied to past transactions and has no cash or other value.

 

Without limiting the generality of the foregoing, the following general conditions apply to the Championship Prize and each Contingency Prize (each, a “Prize”): (i) applicable Prize must be accepted as awarded and is not transferable, assignable and/or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions are permitted, except at Sponsor’s option; (iii) the costs of everything not specifically and expressly stated above as included in aPrize are the sole and absolute responsibility of the confirmed winner, including, without limitation, in the case of the Championship Prize, vehicle registration, license, insurance, etc.; (iv) if the confirmed winner des not utilize any part(s) of the applicable Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (v) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of aPrize or any component thereof; and (b) substitute aPrize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (vi) by accepting aPrize, each confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if the applicable Prize or a component thereof does not prove satisfactory, either in whole or in part.

 

The Sponsor and the other Released Parties make no representation and do not offer any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize each confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part. 

 

  1.       ELIGIBLE WINNER SELECTION AND NOTIFICATION PROCESS:

 

For Eligible Events duly submitted during the Contest Period, points will be awarded to those riders achieving a final combined moto position of 10th or better as follows:

 

Ranking

Points awarded

1st place

15*

2nd place

12

3rd place

10

4th place

7

5th place

6

6th place

5

7th place

4

8th place

3

9th place

2

10th place

1

*Riders who participate in a national sanctioned amateur event will receive bonus points for that event. If the event in which the participant finishes first is an Amateur National Championship, 30 points will be awarded, rather than 15.

 

The following criteria apply to the awarding of points:

  1.        *Points will only be calculated for a rider's best ten (10) results plus a maximum of two (2) national results. For the avoidance of doubt, regardless of the number of Eligible Events that a participant completes and uploads, points will be awarded only for a total of twelve (12) events, two (2) of which must be national events.

 

  1.       Only positions 1 to 10 earn points. Riders who compete in multiple races during the same Eligible Event can earn points in one class per VIN. Each VIN must be registered to only one rider at a time. Riders with two or more approved VINs will be eligible to submit results for 3 classes per Eligible Event.

 

  1.        There must be a minimum of six (6) riders in a class for points to be awarded. No points will be approved in classes of less than six (6) riders, as stated by the official results published by the organisers of each Eligible Event. Did Not Start (DNS) is considered non-entry.
  2.       For the purposes of the above, the following are considered to be Amateur National Championships: Walton One, Western Amateur National and Eastern Amateur National.

 

  1.        Points accumulated in amateur national events will accumulate with the Regional event Points.

 

  1.         Points accumulated in different eligible classes within the same discipline within the same region will be combined. Only one eligible Motorcycle can be used to collect points per class at the same event. Points accumulated can only be combined in one region except for the Championship Prize.

 

  1.       For all Contingency Categories except the Non-MX Contingency, points will be awarded from results in regional and national races. In the Non-MX Contingency Category, points will be awarded only for off-road enduro, Flat Track, and Mini-SBK events. Arena Cross (AX), Supercross (SX), and other Motocross(MX)-derived events are ineligible.

 

 

The participant with the highest overall number of points will be the eligible winner of the Championship Prize.

 

For Contingency prize Categories in which one prize is awarded, the eligible participant in the applicable Category who has the highest number of points will be the eligible winner. For Contingency Prize Categories in which 1st, 2nd, and 3rd prizes are awarded, the eligible participant in the applicable Category who has the highest number of points will be the eligible winner of the 1st prize, that with the second highest number of points will be the eligible winner of the 2nd prize, and that with the third highest number of points will be the eligible winner of the 3rd prize.

 

Ties

In the event two or more riders score the same number of points, the tie will be broken by considering the next best result (i.e. that resulting in the highest number of points) not already computed in establishing the initial score. Those results will need to be eligible based on the criteria above. If a tie persists, it will then be broken by the average number of riders beaten in each result. For example, if after all submitted results are accounted for, a tie persists, than we will count the average entries in each race. If Rider A beats an average of 12 riders per race, and Rider B beats an average of 14 riders per race, Rider B will be placed ahead of Rider B in the contingency or Grand Champion program. All decisions regarding tie breaks are considered final, and are subject to the absolute discretion of the Sponsor.

The odds of being an eligible winner depend on the number of Eligible Events duly submitted during the Contest Period and on the ranking of participants in these Eligible Events.

 

On or around November 14, 2023, at 9:00 ET, Sponsor will tally the results and inform eligible winners by email, at the email addresses included in their profiles.

 

The Sponsor or its designated representative will make a minimum of two (2) attempts to contact each eligible winner within three (3) days of the selection date via email and/or telephone. eligible winner is solely responsible for ensuring he/she is able to receive such notification messages, monitoring for such notification messages and following all instructions contained in such notification messages, failing which, he/she may be disqualified (as determined by the Sponsor at its sole discretion). If an eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible winner in accordance with the procedure outlined above.

 

The Sponsor’s decisions with regards to all aspects of the Contest and the awarding of Prizes are final and binding without right of appeal.

 

There is a limit of one (1) Prize per individual.

 

  1.   ELIGIBLE WINNER CONFIRMATION PROCESS:

 

NO ONE IS A PRIZE WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A PRIZE WINNER IN ACCORDANCE WITH THESE RULES. Before being CONFIRMED AS A PRIZE winner, the eligible winner will: (a) be required to sign and return within seven (7) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Sponsor and all of the other Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize; and (iv) agrees to the publication, reproduction and/or other use of his/her name, city and province/territory of residence, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the Internet.  If an eligible Prize winner: (a) fails to properly execute and return Contest documents within the specified time (as applicable); (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize). 

 

Any Prize(s) that are not or cannot be awarded in accordance with these Rules will be null and void and will not be awarded.

 

  1.   GENERAL CONDITIONS: 

 

This Contest is subject to all applicable federal, provincial, and municipal laws.  The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. The Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual that it deems to be in violation of these Rules. The Sponsor reserves the right to refuse participation by any person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter.  In its sole and absolute determination, the Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any other person.

 

The Released Parties will not be liable for: (i) any failure of any website or any platform during or after the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Contest-Related Information, winner notification message, and/or any other information or materials whatsoever to be received, captured, recorded or function properly for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; (vi) a participant’s failure inability to complete in an Eligible Event for any reason, including but without limitation disqualification or ineligibility; (vii) any changes to an Eligible Event, including but without limitation cancellation, change of date, change of venue or location, change of course or races; and/or (viii) any combination of the above.

 

The Sponsor reserves the right to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, tampering, unauthorized intervention, fraud or failure of any kind whatsoever.  Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made; the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.  Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

 

Eligible Events are independent events; they are operated by third parties that are separate and distinct from the Sponsor. The Sponsor is not responsible for and does not have any association with the scheduling, planning, or execution of any Eligible Event. In participating in this Contest, each participant acknowledges and accepts that: (i) Eligible Events are subject to change or cancellation, and that this is beyond the Sponsor’s control; and (ii) the Sponsor does not have any control over the results of any

Eligible Event – all decisions regarding rankings, placement of any rider, or eligibility are determined at the sole and absolute discretion of the organizers of each Eligible Event. By participating in this Contest, each participant agrees to waive all recourse against the Sponsor and all of the other Released Parties regarding any Eligible Event, including but without limitation any changes to or cancelation of an Eligible Event, or any rankings, results, or decisions made by event officials.

 

Each participant represents and warrants that they have participated in Eligible Events in compliance with all applicable rules and eligibility requirements. If the Sponsor discovers that a participant has failed to comply with the rules or eligibility requirements of an Eligible Event, the Sponsor may, at its sole and absolute discretion, prohibit a participant for participating in this Contest, or exclude the results from one or more Eligible Events from the computation of the results in this Contest.

 

Every participant must conduct himself/herself in a reasonable manner during Eligible Events. Inappropriate behavior including the use of alcohol, drugs, or abusive language at an event may result in disqualification. Participants may not impugn or discredit the name of Kawasaki, Canadian Kawasaki Motors, the Team Green program, or their fellow competitors in any way.

 

If due to printing, production, online, internet, computer or other error of any kind, more Prizes are claimed than intended to be distributed or awarded according to these Rules, then, in addition to having the right to terminate the Contest immediately, the Sponsor reserves the right, in its sole and absolute discretion, to rescind invalid Prize claims and/or conduct a random draw from amongst all eligible claimants to award the correct number and type of Prizes as specified in these Rules.  In no event whatsoever will the Sponsor or any of the Released Parties be liable for more than the number, type and value of Prizes as stated in these Rules.

 

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest and in accordance with the Sponsor’s privacy policy (available at: https://www.kawasaki.ca/en-ca/about/legal-policies ). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

 

The Sponsor reserves the right to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant and/or any other information or materials with these Rules, or as a result of any problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

 

In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the Website, any other website(s), the French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.

 

The invalidity or unenforceability of any provision of these 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 Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

 

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.  The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.

 

Let the Good Times Roll