Ninja Underground Sweepstakes Rules

Ninja® Underground Sweepstakes // Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: The Ninja® Underground Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (excluding Hawaii) and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Ammo Marketing, Inc., Kawasaki Motors Corp., U.S.A. ("Kawasaki"), ePrize, LLC, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void in Hawaii and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: Ammo Marketing, 474 Brannan St., #420, San Francisco, CA 94107. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Timing: The Sweepstakes begins on March 22, 2009 at 12:00 a.m. Eastern Time ("ET"), ends on October 10, 2009 at 11:59 p.m. ET (the "Promotion Period") and consists of two (2) entry periods (each an Entry Period), as set forth in the chart below.

Entry Period Starts at 12:00 a.m. ET Ends at 11:59 p.m. ET Drawing to occur on or around
1 March 22, 2009 July 31, 2009 August 17, 2009
2 August 1, 2009 October 10, 2009 October 19, 2009

Non-winning entries carry over into subsequent Entry Periods. Ammo Marketing's computer is the official time-keeping device for the Sweepstakes.

4. How to Enter: During the Promotion Period, there are two (2) ways to enter the Sweepstakes:

(a) Enter In Person: During the regular hours of operation for a Sponsor selected event (see http://www.ninjamotorcycles.com for list of events; dates, times and locations of events subject to change), attend the event and locate and visit the Kawasaki display. Locate a computer entry kiosk or obtain an electronic data capture device. Complete the fields requested on the registration, including a valid email and home mailing address. P.O. Boxes not permitted. Follow the onscreen instructions to submit your completed registration to receive one (1) entry into the drawing for the Entry Period corresponding with the date you entered the Sweepstakes.

(b) Enter Online: Visit http://www.ninjamotorcycles.com and follow the links and instructions to complete the registration. Complete and submit the registration including a valid home address. P.O. Boxes are not permitted. You automatically will receive one (1) entry into the drawing for the Entry Period corresponding with the date you entered the Sweepstakes.

For Both Methods of Entry: Limit: Each participant may enter one (1) time per week during the Promotion Period, regardless of method of entry. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.

5. Drawings: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during each Entry Period, on or around the dates set forth in the chart in Section 3. The potential winner will be notified by mail, email or phone. Each potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period (if applicable), potential winner forfeits prize. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Administrator will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held after which the applicable prize will remain un-awarded. Prizes will be fulfilled approximately eight (8) to ten (10) weeks after the conclusion of the Promotion.

6. Prizes: ONE (1) ENTRY PERIOD 1 GRAND PRIZE: A 2009 Kawasaki ZX-14™ motorbike. Approximate retail value ("ARV"): $12,099.

ONE (1) ENTRY PERIOD 2 GRAND PRIZE: A 2009 ZX-6R Monster Energy® Edition motorbike. ARV: $9,999.

FIFTY (50) FIRST PRIZE WINNERS (twenty five (25) First Prize winners per Entry Period): A prize pack consisting of a Kawasaki accessory of Sponsor's choice, a Rockstar Games Quicksilver bag, a Rockstar Games Midnight Club Los Angeles t-shirt and a Monster Energy hat. Sponsor to select size, color and style of bag, t-shirt and hat in its sole discretion. ARV: $149.99.

For Both Grand Prizes: Sponsor and/or Kawasaki will determine all features of motorbike including but not limited to color of exterior and interior, and all other features or upgrades will be allowed only if permitted by delivery dealer and paid for by winner. Winner must be a licensed driver and will be required to provide proof of insurance at time of delivery. Winner is responsible for title, license, registration, dealer preparation costs, insurance and other fees associated with prize. Winner must take delivery of prize from the motorbike dealership designated by Sponsor and/or Kawasaki.

For All Prizes: Limit: One (1) prize per person. Each prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Each winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the respective Entry Period the prize is offered. Total ARV of all prizes: $29,597.50.

7. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Kawasaki Motors Corp., U.S.A., Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor 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 Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, 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’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

11. Disputes: Except where prohibited, entrant agrees that: (1) 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 the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

12. Entrant's Personal Information: Information collected from entrants is subject to ePrize, LLC’s Privacy Policy http://www.eprize.com/privacy/privacypolicy.html and Sponsor’s Privacy Policy http://www.kawasaki.com/Legal/PrivacyPolicy.aspx.

13. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 19, 2010. For the Winner List, send an email with subject line: "Ninja® Underground Sweepstakes, Winner List Request," to WinListRequests@eprizefulfillment.com.