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ELIGIBILITY: OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE
DISTRICT OF COLUMBIA, 18 years of age and older at the time of entry. Void where
prohibited. Employees, Officers and Directors, as well as their immediate
family members (parents, children, siblings, spouse) and others living in their
same household, whether related or not, of the March of Dimes Foundation
(hereafter “The Foundation”), Dale Earnhardt, Jr., The Dale Jr. Foundation, Dee
Snider, and Orange County Choppers, are not eligible to enter. No purchase or
contribution is necessary to participate in the sweepstakes drawing and your
payment or contribution will not increase your chances of winning. All taxes,
title, registration fees, and like amounts in connection with the prizes are the
winner's sole responsibility.
HOW TO ENTER AND WIN: To enter the drawing, you may obtain entries at
Bikers for Babies events (events are listed on
www.bikersforbabies.org), or by
contacting your local March of Dimes Chapter office. Local offices’ contact
information can be found at
www.marchofdimes.com. You may also enter online at
www.bikersforbabies.org/chopper. The drawing is void where prohibited. You
may enter without a purchase or contribution for free by sending a 3” x 5” index
card with your name, complete address, daytime telephone number and date of
birth: March of Dimes Foundation, Attn: Dale and Dee Drawing, 1275 Mamaroneck
Ave., White Plains, NY 10605. All entries must be hand written. Mechanically
reproduced entries will not be accepted. Sweepstakes begins on May 17, 2009.
Entries by mail must be postmarked by October 31, 2009 and received no later
than 12:00 PM EST on November 13, 2009. Ticket sales will also stop as of
November 13, 2009. Limit of ten (10) entries per person, regardless of method of
entry. Winner will be drawn at 1275 Mamaroneck Avenue, White Plains, NY on
December 8, 2009. The winner will be selected at random from a pool of entrants.
All entries become the sole property of The Foundation(s) and will not be
returned. You may opt out of March of Dimes communications at any time by
contacting
donorservice@marchofdimes.com.
The Foundation is not responsible for lost, stolen, illegible, incomplete,
misdirected, late, damaged, destroyed, or delayed entries or postage due mail or
for unavailable network connections, failed, incomplete, garbled or delayed
computer transmissions, online failures, hardware, software or other technical
malfunctions or disturbances or other communications failures or circumstances
affecting receipt of entries or entrants' ability to participate in this
drawing. A winner's list may be obtained by sending a stamped self-addressed
envelope to the Foundation after January 1, 2010 at: March of Dimes Foundation,
Attn: Dale and Dee Drawing Winner, 1275 Mamaroneck Ave., White Plains, NY 10605.
PRIZE/ODDS OF WINNING: Grand Prize: One (1) Custom built Orange County
Choppers Sunoco Dale Earnhardt Jr. Chopper. The Grand Prize is awarded "AS IS"
and without warranty, guaranty or representation of any kind, express or implied
(including, without limitation, any implied warranty of merchantability, quality
or fitness for a particular purpose). Approximate retail value including
delivery is $50,000. Winner must claim prize by January 15, 2010 or a new winner
will be selected. Winner must take possession of chopper by January 31, 2010 at
The Dale Jr. Foundation in North Carolina or The Foundation will provide for
delivery to the winner. Winner must provide valid driver's license and evidence
of legally required insurance at time of delivery. All taxes, costs, title and
registration fees incurred are the responsibility of the winner. Winner is
solely responsible for all other costs and liability incurred in claiming, and
using the motorcycle, including, without limitation, costs associated with state
emissions standards compliance. All unspecified expenses and taxes are winner's
sole responsibility. IRS Form W-2g will be issued to winner for the value of the
vehicle. The IRS requires withholding estimated taxes on the winnings prior to
release of the prize. No prize substitution or cash equivalent of prize. No
prize transfer. A maximum of 100,000 entries will be accepted. Odds of winning
are determined by the total number of entries received, with the maximum odds of
1:100,000. Each day entries received by mail will be counted to determine if the
total received to date exceeds 100,000. All entries received the day on which
100,000 entries are received will be entered into a preliminary drawing. The
first entries drawn from that group up to a total of 100,000 will be included in
the final drawing. All other entries received that day (and thereafter) will be
refunded.
GENERAL CONDITIONS: By entering, entrants accept and agree to the
Official Rules and the decisions of The Foundation, which are final and binding
in all respects. Winner will be notified by telephone and by certified letter
from The Foundation and will be required to execute and return an affidavit of
eligibility, a liability release and a publicity release, where legal, within 7
days of notification. In the event of non-compliance with requirements, or if
prize notification is returned as undeliverable, the prize will be forfeited and
an alternate winner selected. By accepting the prize, except where prohibited by
law, winner agrees to the use of his or her name and/or photograph for
advertising/publicity purposes without further compensation or notice. Payments
or contributions for entry are not tax-deductible contributions to The
Foundation. By participating, entrant agrees to release and hold harmless The
Foundation, Dale Earnhardt, Jr., The Dale Jr. Foundation, Dee Snider, Orange
County Choppers, Sunoco, Inc. and their respective parents, affiliates and
subsidiaries, and the directors, officers, agents and employees of any such
entity (collectively, the "released parties") from any and all liability arising
from participating in the drawing and/or acceptance, possession or use/misuse of
prize, regardless of whether such claims are founded in whole or part upon
alleged negligence, gross negligence or willful misconduct of any of the
released parties, and including, without limitation, liability for any personal
injury, damage or loss. The Foundation reserves the right, in its sole
discretion, to disqualify any individual it finds, to be tampering with the
entry process or the operation of the drawing; to be in violation of the
Official Rules, or to be acting in a disruptive manner, or with the intent to
annoy, abuse, threaten or harass any other person. Any activities intended to
disrupt or interfere with the proper play of the drawing or defraud The
Foundation in any way will be prosecuted to the fullest extent of the law. The
drawing is subject to all applicable laws of the United States and is void where
prohibited. ANY CLAIMS OR CONTROVERSIES RELATING TO OR ARISING FROM THIS
SWEEPSTAKES SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF NEW YORK WITHOUT REGARD TO THE CONFLICTS OF LAW PRINCIPLES THEREOF
AND SHALL BE BROUGHT IN THE STATE AND FEDERAL COURTS LOCATED IN WESTCHESTER
COUNTY, NEW YORK. EACH ENTRANT AGREES TO THAT VENUE AND JURISDICTION AND THE
EXCLUSIVE JURISDICTION OF THOSE COURTS AND WAIVES ANY AND ALL OBJECTIONS TO
JURISDICTION AND VENUE IN THOSE COURTS.
LIMITATIONS OF LIABILITY: The Foundation is not responsible for any
incorrect or inaccurate information, including, without limitation, that which
is caused by web site users, tampering, hacking, or by any of the equipment or
programming associated with or utilized in the drawing or by any technical or
human error which may occur in the processing of entries in the drawing. The
Foundation assumes no responsibilities for any error, omission, interruption,
deletion, or defection, delay in operation or transmission, communications line
failure, theft or destruction or processing the drawing entries. The Foundation
is not responsible for user cheating or fraud by any entrants. If, for any
reason, the drawing is not capable of running as planned, including, without
limitation, unauthorized intervention, fraud, technical failures or any other
causes beyond the control of The Foundation which, in The Foundation's sole
discretion could corrupt or affect the administration, security, fairness,
integrity or proper conduct of the drawing, The Foundation may, in its sole
discretion, cancel the drawing and return/refund all entries or select the
winner in a random drawing comprised of all eligible entries received prior to
(and/or after, if appropriate) the action taken by The Foundation. The
Foundation reserves the right at its sole discretion to cancel, terminate,
modify or suspend the drawing.
SPONSOR/ADMINISTRATOR: Sweepstakes drawing sponsored and administrated by
The March of Dimes Foundation and its affiliates and chapters, headquartered at
1275 Mamaroneck Ave., White Plains, NY 10605. 100
MISCELLANEOUS: You may obtain a copy of the March of Dimes annual
financial report by writing to March of Dimes Birth Defects Foundation, Box
2000, White Plains, NY 10602. (914) 428-7100. In FLORIDA, A COPY OF THE OFFICIAL
REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
CONSUMER SERVICES BY CALLING 1-800-435-7352, TOLL-FREE WITHIN THE STATE. Our
Florida registration number is: CH569. In Maryland, copies of documents and
information submitted by March of Dimes are available for the cost of copies and
postage from the Secretary of State, Statehouse, Annapolis, MD 21401,
1410-974-5534. In Mississippi, the official registration and financial
information of March of Dimes may be obtained from the Mississippi Secretary of
State’s office by calling 1-888-236-6167. In New Jersey, INFORMATION FILED WITH
THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE
OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT
WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY
GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABLE ON
THE INTERNET AT
www.njconsumeraffairs.gov/ocp.htm#charity. New York resi¬dents may obtain a
copy of March of Dimes’ annual report by writing to the Office of the Attorney
General, Department of Law, Charities Bureau, 120 Broadway, New York, NY 10271.
In North Carolina, financial information about March of Dimes and a copy of
its license are available from the State Solicitation Licensing Branch at (888)
830-4989. In Pennsylvania, the official registration and financial
information of March of Dimes may be obtained from the Pennsylvania Department
of State by calling toll-free, within Pennsylvania, 1-800-732-0999. In Virginia,
a financial statement for the most recent fiscal year is available upon request
from the State Division of Consumer Affairs, P.O. Box 1163, Richmond, VA 23209,
1-804-786-1343. In Washington, you may obtain additional financial disclosure
information by contacting the Secretary of State at 1-800-332-GIVE. West
Virginia residents may obtain a summary of the registration and financial
documents from the Secretary of State, State Capitol, Charleston, WV 25305.
REGISTRATION WITH THE AGENCIES DESCRIBED ABOVE DOES NOT IMPLY ENDORSEMENT.
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