Bruce Rossmeyer's Daytona Harley-Davidson 3 Bike Giveaway

Official Rules – April 1, 2020 – REVISED

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. SWEEPSTAKES GOVERNED BY U.S. LAW AND ONLY OPEN TO RESIDENTS OF THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.

Sponsor: The Sponsor is Rossmeyer Daytona Motorcycles, Inc. d/b/a Bruce Rossmeyer’s Daytona Harley-Davidson (“Company” or “Sponsor”).

Eligibility: This Sweepstakes is open only to individuals who are legal residents of the 50 United States and the District of Columbia that will be at least 18 years of age OR the age of majority in their state of residence (whichever is older) at the time of entry ("Entrants"). Entrant must reside in the United States throughout the Sweepstakes Period. Sweepstakes is void where prohibited or restricted by law. Entrants are permitted to submit only one entry per day; and, entrants who exceed this amount or do not comply with this limitation will be disqualified. The Company, Sweepstakes Entities, Sponsors, and each of their respective employees, shareholders, directors, officers, members, successors or agents, advertising agencies, and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. Entrants do not have to be present at the time of drawing to win.

3. Sweepstakes Period: The Sweepstakes Entry Period will only include regular store hours on the following dates (you will not be permitted to register on any other days or times) as follows: When the dealership location is opened for business beginning Monday, June 1, 2020 at 9:00am through and including Saturday, September 5, 2020 at 12:00pm ET (“Sweepstake Period”). The drawing will take place on Saturday, September 5, 2020 at 2:00 pm ET.

4. How To Enter: During the Sweepstakes Period you may enter by registering in-person during store hours at Bruce Rossmeyer’s Daytona Harley-Davidson, 1637 N US Hwy 1, Ormond Beach, FL 32174. To be eligible and valid, Sweepstakes entries must contain all information requested. Incomplete entries will be disqualified. Entries must be received during the Sweepstakes Period. Entrants are permitted to submit only one entry per day; and, entrants who exceed this amount or do not comply with this limitation will be disqualified. All Entries become the property of Sponsor and will not be receipt acknowledged or returned. By entering Sweepstakes, all Entrants agree (a) to be bound by these Official Rules; (b) that the decisions of Sponsor are final on all matters relating to the Sweepstakes; (c) you are not participating on behalf of any employer or third party; and (d) in the event that you do not comply with the rules, then you will be disqualified. Decisions by Sponsor may include, but are not limited to, eligibility, whether an entry adheres to the entry criteria, and the time of entry receipt.

5. Winner Selection and Notification: On Saturday, September 5, 2020, at approximately 2:00 pm ET, the Company will select one (1) Gold Grand Prize Winner, one (1) Silver Grand Prize Winner, and one (1) Bronze Grand Prize Winner, by a random method from all the eligible Entrants and the potential winner will be announced at approximately 2:00 pm at Bruce Rossmeyer’s Daytona Harley-Davidson, 1637 N US Hwy 1, Ormond Beach, FL 32174. If the potential winner is unable to verify registration information and eligibility, the Entrant will be disqualified and the Grand Prize will be forfeit. Where the Grand Prize is forfeit for any reason, the Company will choose an alternative potential winner from among the remaining pool of eligible Entrants. The order of the drawings for the three Grand Prizes shall be as follows: Bronze selected first, Silver selected second, and Gold selected third – participants may only win one Grand Prize and winners are disqualified from the subsequent drawings for this giveaway program.

Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a potential winner; or for any late, misdirected, or unsuccessful efforts of potential winner to provide signed proof of eligibility, release form, and other documentation required to claim the prize. Where a potential winner is not available to participate, does not claim the prize within the time period provided upon notification, or is deemed ineligible or disqualified for any reason, Grand Prize will be forfeit. When Grand Prize is forfeit, an alternate potential winner will be selected at random from among the remaining eligible entries. Selection will continue until Grand Prize is awarded. Once a potential winner has been selected and is eligible, complies with the Official Rules, and takes delivery and title to the Grand Prize, the potential winner shall be declared the official winner (“Grand Prize Winner” or “Winner”).

6. Grand Prizes and Odds of Winning: The Grand Prizes include: Gold Grand Prize, One (1), 2019 Harley-Davidson Livewire EV Motorcycle - Approximate Value - $29,995.00; Silver Grand Prize, One (1), Pre-owned, 2016 Harley-Davidson Street 500 Motorcycle - Approximate Value: $2,995.00; and Bronze Grand Prize, One (1) 16” IRONe Electric Balance Bike (for kids) – Approximate Value $699.00 (the “Grand Prize,” or “prize,” or “motorcycle”).

THE GRAND PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

Odds of winning depend on the number of entries received. Grand Prize details and availability are subject to change. The Winner may receive the actual display vehicle with existing mileage. The Company reserves the right to substitute Grand Prize (or prize component) with another Grand Prize (or prize component) of equal or greater value. The Company reserves the right to award an alternate year model, if the models described above are not available at the time of prize award. If the Grand Prize’s MSRP is over the stated value, the Winner will not be awarded the difference. The Grand Prize is not exchangeable, transferable, or redeemable for cash except in the Company's sole discretion.

Sponsor does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose. 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 Sweepstake.

Once verified as eligible, Winner must take delivery and possession of the Grand Prize at Bruce Rosssmeyer’s Daytona Harley-Davidson, 1637 N US Hwy 1, Ormond Beach, FL 32174 no later than five (5) days after receiving notice in any form that the Grand Prize is ready to be claimed. If Winner fails to take possession of the Grand Prize within five (5) days of notification that the Grand Prize is ready for pick-up, the Grand Prize will be forfeit. Prior to receipt of the Grand Prize, Winner must provide evidence of motorcycle insurance on the motorcycle and a valid driver’s license; and, Winner must execute all documentation deemed necessary by the Company, including but not limited to all documents to title and register the motorcycle into the Winner’s name and IRS form W2G as referred to in Section 9. Winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before the Grand Prize will be awarded. All costs and expenses related to Grand Prize acceptance and use not specified herein are the sole responsibility of Winner, including but not limited to, the cost to register and title the motorcycle to Winner, dealer fees, applicable state sales taxes, and shipping. Grand Prize Winner may not substitute, exchange, or apply the vehicle’s value towards a higher cost or alternate vehicle.

7. Publicity; Use of Personal Information: Sponsor will retain Entrants’ personal data for a reasonable period of time to contact the Entrant pertaining to the Sweepstakes, verify compliance with these Official Rules, and for accounting purposes. By participating, where allowed by law, Winner grants Sponsor permission to use his or her name, character, photograph, voice, and likeness in connection with promotion of this Sweepstakes, and waives any claims to royalty, right, or remuneration for such use. By participating in the Sweepstakes, where allowed by law, Entrants agree that the Company and Destination Daytona, LLC may use such information for marketing purposes, and shall include the name of the Winner in a publicly available Winner List. For more information about how the Company will use information collected in connection with this Sweepstakes, please see Company’s privacy policy link by accessing the Company’s website.

8. Releases and Conditions: BY ENTERING THE SWEEPSTAKES OR BY RECEIPT OF ANY SWEEPSTAKES PRIZE, PARTICIPANTS AND WINNERS AGREE THAT THE SPONSORS, THEIR PARENTS, SUBSIDIARIES AND AFFILIATES, THEIR ADVERTISING OR PROMOTIONAL AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE RESPONSIBLE AND WILL HAVE NO LIABILITY WHATSOEVER FOR CLAIMS, LOSSES OR ACTIONS OF ANY KIND RESULTING FROM PARTICIPATING IN THIS SWEEPSTAKES INCLUDING, BUT NOT LIMITED TO: INJURIES, DAMAGES OR LOSSES TO PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH THE RECEIPT, OWNERSHIP, USE OR MISUSE OF THE PRIZE, INCLUDING ANY TRAVEL RELATED THERETO; CLAIMS OR LOSSES RELATING TO ANY TECHNICAL MALFUNCTIONS OF THE TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, OR SOFTWARE OR ANY ILLEGIBLE, DAMAGED, LOST, MISDIRECTED, POSTAGE DUE, INCOMPLETE OR LATE ENTRIES OR ENTRIES NOT IN COMPLIANCE WITH THESE OFFICIAL RULES. The Grand Prize is subject to certain terms and conditions as specified in these Official Rules. Winner must agree to the prize conditions on participation and must sign a release to be eligible to receive Grand Prize.

9. Taxes: Valuation of the Grand Prize is based on available information provided to the Company. Company will provide an IRS form W2G reporting the value of the Grand Prize and Winner will be required to sign forms necessary to receive a form W-2G and to submit the Withholding Tax to Company prior to being awarded the Grand Prize Motorcycle. The W-2G form and the withholding tax collected from the Winner will be deposited and filed with the IRS and Department of Treasury. Winner is responsible for reporting and paying any and all applicable taxes related to the Grand Prize.

10. Conduct and Decisions.

Administration. The Sweepstakes is administered by Rossmeyer Daytona Motorcycles, Inc. d/b/a Bruce Rossmeyer’s Daytona Harley-Davidson (“Company”). Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sweepstakes Administrator. Entrant acknowledges and understands that any information provided will be used for administering the Sweepstakes and in accordance with the Company’s privacy policies, which may be obtained upon request from the Sweepstakes Administrator or as posted on the Company Website at BruceRossmeyer.com. The Sweepstakes Sponsors, promotional partners and administrator are herein collectively referred to as the Sweepstakes Entities.

By participating in the Sweepstakes, participants agree to be bound by the decisions of Sponsor. Sponsor will interpret the Official Rules and resolve any disputes, conflicting claims or ambiguities concerning the Official Rules or the Sweepstakes, and the Sponsor’s decisions concerning such disputes shall be final. If the conduct or outcome of the Sweepstakes is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Sponsor, Sponsor reserves the right to terminate this Sweepstakes, or make such other decisions regarding the outcome as Sponsor deems appropriate. Any reference in these Official Rules or as part of the Sweepstakes to Sponsor/Company’s "discretion" shall mean Sponsor/Company’s "sole and unfettered discretion."

Tampering. Sponsor, in its sole discretion, reserves the right to disqualify any person, who Sponsor determines is or is attempting to: (i) tamper with any part of the Sweepstakes; (ii) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (iii) annoy, abuse, threaten or harass any other participants or the Company’s Agents; (iv) disrupt operation of Sweepstakes in any manner; and/or (v) otherwise violate these Official Sweepstakes Rules or the Terms of Use of The Company’s Website. If, in Sponsor’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Sweepstakes, or if fraud or technical difficulties of any sort compromise the integrity of the Sweepstakes, Sponsor reserves the right to void any suspect Entry and/or terminate the Sweepstakes and award the Grand Prize in its sole discretion. Any attempt by an Entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Sweepstakes or Company’s Website shall be disqualified.

Notification. Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Sponsor is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or malfunction or failure of any kind. Photocopies or mechanical reproductions of any entry forms are not permitted.

Termination. The Sponsor reserves the right to: (i) terminate or declare Sweepstakes null and void and rescind Grand Prize, if in its sole judgment, the rules or the integrity of the Sweepstake have been violated or compromised in any way, intentionally or unintentionally, by any person whether or not a participant in the Sweepstakes; (ii) cancel, terminate or modify the Sweepstakes if, in the sole discretion of Sponsor, it is impossible or impractical to complete the Sweepstakes as planned for any reason including, but not limited to, tampering, unauthorized intervention, or technical failures of any sort; or (ii) stop or conclude the Sweepstakes at any time without prior notice. Sponsor is not responsible or liable to any Entrant or Winner or any person claiming through such Entrant or Winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control.

Governing Law; Disputes. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by Florida State Court located in Volusia County, Florida; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (iii) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental, and consequential damages and any other indirect damages, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the participant and Sponsor, shall be construed and governed by the laws of the State of Florida, without regard to its conflicts of law rules.

11. Official Rules: For a copy of these Official Rules, visit the Company at 1637 N US Hwy 1, Ormond Beach, Florida 32714 during normal business hours, or visit the Company’s website at brucerossmeyer.com/--3Bikegiveaway.

12. Intellectual Property: Product names and trademarks used in this Sweepstakes are for Grand Prize identification purposes only. All trademarks and registered trademarks are the property of their respective owners. References to or illustrations of prizes, logos or trademarks do not imply endorsement, sponsorship or affiliation of this promotion by the manufacturers or owners of such marks in any manner.

13. Winner List: The name of the Grand Prize Winner can be obtained from Sweepstakes Administrator, Bruce Rossmeyer’s Daytona Harley-Davidson, 1637 N US HWY 1, Ormond Beach, FL 32174, (386) 671-7104. Requests must be received by September 15, 2020.