BRAAPtastic 2023 ISDE Bike Giveaway Official Rules

1. Eligibility: The BRAAPtastic 2023 ISDE Bike Giveaway (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia (the "Territory") who have reached the legal age of majority in their state of residence and are located in the Territory at the time of entry. 2 Wheels LLC (“Sponsor”), Zack Toth Racing (“Promotion Administrator”) and their respective parent companies, subsidiaries and affiliated companies, retailers, sales representatives, dealers, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion and each of their respective officers, directors, employees, representatives and agents (collectively, “Promotion Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are not eligible to participate. The Promotion is subject to all applicable federal, state and local laws and is void outside the Territory and where prohibited by law. By participating in this Promotion, entrants agree to abide by and be bound by these Official Rules and decisions of the independent Promotion Administrator, which shall be final in all matters relating to the Promotion.

2. Promotion Period: The Promotion begins at 12:00 a.m. Eastern Time ("ET") on September 21, 2023 and ends at 11:59 p.m. ET on October 27, 2023 (the "Promotion Period").

3. How to Enter: During the Promotion Period, visit www.BRAAPtastic.com (the “Website”), purchase one or more digital tickets from this Website, and complete all required information, and you will receive one (1) entry into the Promotion for each ticket purchased (a “Purchase Entry”). Purchase transactions involving account adjustment transactions/returns, declined credit or debit transactions are not eligible for Purchase Entries

4. Drawing: On or about October 28, 2023, the Promotion Administrator will conduct a random drawing to select five potential winners (the “Potential Winners”) from among all eligible entries received during the entire promotion period on a live show streamed by Sponsor and broadcasted on Facebook (the “Prize Event”) as follows:

a. The Promotion Administrator will randomly select the Potential Winners during the Prize Event.

b. The Promotion Administrator will call the phone number provided by the Potential Winners with his/her entry during the Prize Event.

c. If the Potential Winner timely answers the phone, the Promotion Administrator will notify the Potential Winner streaming Live

d. If the Potential Winner does not answer the phone when the Sponsor calls during the Prize Event, the Sponsor will leave a voice message and/or send a text message to the Potential Winner. This Potential Winner must then call the Sponsor on the telephone number provided by Sponsor within 48 hours of Sponsor’s message between the hours of 8:00 AM and 7:00 PM ET only. If the Sponsor does not receive the Potential Winner’s call and speak with the Potential Winner prior to this deadline, Potential Winner will be disqualified, and an alternate Potential Winner may be selected from among the remaining contestants.

5. The specific date and time of the Prize Event shall be determined solely by the Sponsor and is subject to change at Sponsor's discretion. Any change to the Prize Event date and time will be announced on the Website at least 1 day prior to the scheduled Prize Event.

6. Prizes, Approximate Retail Value (“ARV”) & Odds of Winning: The Potential Winners will be selected starting with 5th place and ascending to the Grand Prize. Grand Prize: 2024 Kove Rally 450 motorcycle, ARV $9449.00 or $6500.00 cash alternative. 2nd place prize: 2023 PisterPro FSE140 pit bike, ARV $2349.00 or $1500.00 cash alternative. 3rd place prize: choice of Rabaconda street tire changer or dirt tire changer w/ irons, ARV $589.00 or $300.00 cash alternative. 4th place prize: set of front and rear Mr. Wolf's mousse balls tire inserts, ARV $380.00 or $200 cash alternative. Total ARV of all prizes is $12767.00 and odds of winning are at least 1 in 50. Prizes must be accepted as awarded. All characteristics and features of the prize(s) except as otherwise explicitly stated above are at the Sponsor’s sole and absolute discretion. No substitution, cash redemption, sale or transfer of prize(s) is permitted except at Sponsor’s sole discretion or as provided herein. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute such prize (or portion thereof) with an equivalent prize of equal or greater value. All federal, state and local taxes, and all other costs associated with acceptance or use of the prize(s), are the sole responsibility of the applicable winner(s). You are not a winner until your prize claim is validated and you receive official written notification from the Sponsor or the Promotion Administrator. Arrangements for delivery of prize(s) will be made after winner validation. LIMIT ONE (1) PRIZE PER PERSON/EMAIL ADDRESS/HOUSEHOLD. Odds of winning a prize depend on the number of eligible entries received. Prize(s) will be awarded and delivered only to an address within the Territory provided they are claimed properly in accordance with these Official Rules. At the Sponsor’s discretion, prize(s) that are not claimed properly in accordance with these Official Rules may not be awarded. Sponsor will determine all features of the prizes including, but not limited to, color of exterior and options. If required by law, winner must be a licensed driver and will be required to provide proof of insurance at time of delivery; failure to do so may result in disqualification. Winner is responsible for license, registration, and vehicle insurance. Winner agrees that Sponsor, and any of the Promotion Parties, have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the vehicle, including but not limited to its quality, mechanical condition or fitness.

7. Entrant Verification: In the event of a dispute regarding the identity of the person submitting an entry, the entry will be declared made by the natural person in whose name the entry was made. The Promotion Administrator reserves the right to require proof of identity and/or eligibility (in a form acceptable to the Promotion Administrator – including, without limitation, government issued photo identification) for any reason the Promotion Administrator deems necessary, in its sole discretion, for the purposes of administering this Promotion in accordance with these Official Rules. Failure to provide such proof to the complete satisfaction of the Promotion Administrator within the timeline specified by the Promotion Administrator may result in disqualification by the Promotion Administrator, in its sole discretion.

8. Disqualification: Entries which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules (as determined by the Promotion Administrator in its sole and absolute discretion) will be void and will not be entered into the Promotion's prize drawing. Entries made by facsimile, overnight courier, automated means, any entry service, or in any other manner not specifically allowed under these Official Rules will not be entered into the Promotion and may result in disqualification of the entries and the responsible entrant(s), as determined by the Promotion Administrator in its sole and absolute discretion. Promotion Administrator reserves the right, in its sole and absolute discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or who acts in a disruptive or unfair manner or who otherwise fails to comply with these Official Rules.

9. Notification & Validation of Winners: Potential winners, at Promotion Administrator’s discretion, will each be contacted by telephone, email, regular mail or overnight mail, and may be required to complete, sign and return an affidavit or declaration of eligibility, a liability release, tax forms, and where lawful, a publicity release within a stated amount of time. The return of any notification as undeliverable or failure to respond to notices or return any required documents or information in a timely manner or a determination that a potential winner is ineligible or not in compliance with these Official Rules, as determined by the Promotion Administrator, in its sole and absolute discretion, may result in disqualification and forfeiture of any prize, and the selection of an alternate winner in a random drawing from among the remaining eligible entries.

10. Limitations: To the fullest extent permitted by applicable law, Promotion Parties are not responsible for: (i) electronic or digital transmissions, entries or mail that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, non-delivered, or not received by Sponsor or Promotion Administrator for any reason; (ii) mail that is received postage-due; (iii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures (including but not limited to failures or malfunctions of phone lines, mail delivery service, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, entries, or for printing, distribution or production errors; (iv) failed or unavailable hardware, network, software or telephone transmissions; (v) damage to entrants' or any person's computer; (vi) causes beyond Promotion Parties’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (vii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion; (viii) any typographical or other error in the printing or advertising related to the Promotion, in the administration or execution of the Promotion, or in the announcement/notification of prize winners; (ix) any human, or other error, which may occur in the promotion or administration of this Promotion; (x) cheating or fraud by any participant. Promotion Parties are also not responsible for the failure of a Potential Winner, for any reason, (i) to receive any message from Sponsor during the Live Event, (ii) to respond to Sponsor, or (iii) to otherwise communicate with Sponsor or Promotion Administrator concerning his/her selection as a Potential Winner.

11. Modification, Suspension and Termination: If for any reason this Promotion cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, human error, legal mandate, social media mandate, pandemic, epidemic, or any other causes beyond the control of Sponsor or Promotion Administrator that corrupt or affect the security, administration, integrity, fairness or proper conduct of this Promotion, or if this Promotion is compromised or becomes corrupted in any way, electronically or otherwise, Promotion Administrator reserves the right, in its sole discretion, to void suspect entries/entrants and/or modify, suspend and/or terminate this Promotion, including the selection of winners in a manner the Promotion Administrator deems fair and reasonable, including the selection of winners in a random drawing from among applicable eligible, non-suspect entries received prior to such modification, suspension or termination. Thereafter, the Sponsor reserves the right to accept no further entries and award no further prizes.

12. Releases: By participating in this Promotion, entrants agree (and agree to confirm in writing): (a) to the maximum extent permitted by law, that all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) to release, defend, indemnify and hold harmless Promotion Parties and their respective successors and assigns from and against any liability, loss, claim or cause of action, including, but not limited to, injury, death or damages arising out of participation in this Promotion or the acceptance, possession, use or misuse of any prize received in this Promotion or the use of any photo, video or entry; and (c) to waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys’ fees, court costs, or any damages other than actual out-of-pocket costs incurred to enter, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO APPLICABLE PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.

13. Publicity: Except where prohibited, participation in the Promotion constitutes each entrant’s permission for the Sponsor and its agencies to use entrants' names, photographs, videos, voices and/or any other likenesses for purposes of advertising and publicity in all media now known or hereinafter invented without territorial or time limitations and without compensation or notice including in the Prize Event or otherwise for the winner selection. In addition, by participating in the Promotion, you agree to be contacted by Sponsor in accordance with these Official Rules in the event you are selected as a Finalist or Potential Winner.

14. Privacy: The personal information collected through this Promotion is subject to Sponsor’s Privacy Policy located at https://braaptastic.com/pages/privacy-policy. By entering this Promotion, each entrant agrees that the Sponsor, its agents and/or representatives (including the Promotion Administrator) may store, share and use the personal information he/she submitted with his/her entry for the purpose of administering the Promotion and agrees to the collection, use and disclosure of his/her personal information as described in these Official Rules, in the above Privacy Policy and as permitted by law.

15. Choice of Law, Jurisdiction and Notice: 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of New Hampshire, without giving effect to any choice of law or conflict of law rules (whether of the State of New Hampshire or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Hampshire. By entering, entrants irrevocably consent to the exclusive jurisdiction of the federal and state courts located within the county of Cheshire, New Hampshire for any action, suit or proceeding arising out of or relating to this Promotion.

16. Severability & Conflicts: The invalidity or unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials or made by any representative of Sponsor or Promotion Administrator, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

17. Winners’ List: To view the winners’ list for this Promotion, please visit https://braaptastic.com/pages/winners. The winners’ list will be available after winner validation has been completed.

18. Third Party Rights: All trademarks used herein are the property of their respective owners. Manufacturers of the prizes offered in this Promotion do not sponsor or endorse this Promotion and are not affiliated with the Sponsor or Promotion Administrator in any way.

19. Delivery: 3rd Prize (Rabaconda) and 4th Prize (Mousse Balls) will ship at Sponsor's expense to Winners legal address. Sponsor will deliver at it's expense Grand Prize (Kove) and 2nd Prize (GPX) to Winners legal address via courier within 400 miles of Fitzwilliam, NH. Winners of Grand Prize or 2nd Prize who reside beyond 400 miles of Fitzwilliam, NH are responsible for the expense of shipping or must make arrangements to pick up in person at Fitzwilliam, NH.

20. Sponsor: 2 Wheels LLC, Fitzwilliam, NH.

21. Promotion Administrator: The Promotion is administered and judged by Zack Toth Racing. All comments, questions and complaints regarding this Promotion must be directed to the Promotion Administrator only at tothzack207@gmail.com.

Manufacture	Model	From	To
KTM	350 LC-4	1993	1999
KTM	400 LC-4	1993	1999
KTM	600 LC-4	1993	1999
KTM	620 LC-4	1994	1999
KTM	640 Duke	2008	2010
KTM	640 LC4	1993	2002
KTM	640 LC4 Supermoto	2008	2010
KTM	690 Duke R	1993	2002

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