XYIENCE RULES & REGULATIONS
Harley Davidson Contest


Please read these Rules in their entirety before entering the Contest. Please do not enter the Contest unless you agree to these Rules. Participation in the Contest constitutes full and unconditional agreement and acceptance of these Rules which are final on all matters relating to the Contest.

  1. To Enter: Visit the www.xyiencehd.com site between September 13, 2010 – October 10, 2010, click on the contest link and complete all mandatory contest fields on the online contest entry form, including name, address, and e-mail address, and submit the entry by clicking "Submit".
  2. Contest Eligibility and Close Date: The contest is governed by Canadian law and is open to Canadian residents residing in British Columbia, Alberta, Saskatchewan or Manitoba, who have reached the age of majority in their province of residence, and excludes all employees (current and retired) of Xyience., its advertising and promotional agencies, contest judging organization, prize suppliers, dealers, and their parent, subsidiaries and affiliates, representatives, and agents ("Contest Sponsors") and those with whom they are domiciled. To be eligible, entries must be received no later than 11:59 pm EST on October 10, 2010, the contest close date. One entry per person during the contest. In the event of a dispute regarding who submitted an online entry, the entry will be deemed submitted by the authorized account holder of the e-mail address in question. Authorized account holder is the natural person who is assigned to an e-mail address by an internet service provider or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address in question. Potential winners may be required to show proof of being the authorized account holder.
  3. Grand Prize: There is one (1) Grand Prize consisting of one (1) 2009 or 2010 Harley Davidson Motorcycle with a suggested MSRP of $11,479.00. The winner of the Grand Prize must take delivery of the Grand Prize from a Harley Davidson dealership close to his/her residence designated by Xyience.  The winner is responsible for all taxes and expenses which are not included in the Grand Prize description above, including but not limited to: licensing, insurance, registration, gas consumption tax, freight and delivery, and all other costs incurred in claiming, registering or using the Grand Prize.  Xyience reserves the right, at its sole discretion, to substitute the Grand Prize with another motorcycle of equivalent or greater value or of a different model year for any reason including, but not limited to: production delays caused by labour disruptions, part shortages, adverse weather conditions or other unforeseen events, or any other reasons. Once the winner has been notified that the Grand Prize vehicle is at winner's local Harley Davidson dealership for delivery ("Delivery Notice"), he/she must take possession of the vehicle within four (4) weeks of the Delivery Notice or the Grand Prize vehicle will be forfeited and there will be no liability to Xyience in the event this occurs.
    To receive the Grand Prize, the winner must hold a valid driver's license and must have satisfactory proof of insurance.
  4. Random Draw: One eligible Grand Prize winner will be selected by random draw from all eligible entries received. The drawing will be held at 6205 Airport Road at 2:00 PM local time on October 20, 2010 by Studio 114 ("Contest Judges"). The eligible winner will be contacted by phone or e-mail within 48 hours of the draw. If a selected entrant cannot be contacted within fourteen (14) days of the draw or if contacted does not claim his or her Grand Prize on or before such date and time, or does not meet all of the contest conditions, another entry will be selected from all remaining eligible entries. If the Contest Judges are unable to contact an eligible Grand Prize winner after attempting to contact three (3) eligible Grand Prize winners in accordance with the provisions of this section, or if no eligible Grand Prize winner claims his or her Grand Prize in accordance with this section, the Grand Prize will be forfeited and will not be awarded. Chances of winning are solely dependent on the total number of eligible entries received.
  5. Prize Substitution: The Grand Prize is non-exchangeable, non-transferable, non-refundable, has no cash surrender value and must be accepted as awarded with no substitutions. Contest Sponsors reserve the right, at their sole discretion, to substitute the Grand Prize awarded with (a) prize(s) of equivalent or greater value for any reason.
  6. General Conditions: To win, the selected entrant must first have complied with the Rules and correctly answered, unaided, a time limited skill testing question to be administered by e-mail or telephone by the Contest Judges at a prearranged mutually convenient time. Successful entrants will be instructed how to claim their Grand Prize. The selected entrant, will be required to sign a standard release form confirming compliance with and agreement to be bound by the contest Rules, release of Contest Sponsors, their directors, officers, dealers, partners and employees from any and all liability, and acceptance of the Grand Prize as awarded within ten (10) days after receipt, before the selected entrant is allowed to claim the Grand Prize. The decision of the Contest Judges is final. Entries are subject to verification. Contest Sponsors reserve the right to disqualify a person if he/she enters this contest or tries to do so by any means contrary to these Rules or which would be unfair to other entrants or where contest entries are generated by any mechanical or automated means. Entry materials that have been tampered with, reproduced, falsified or altered are void. In the event that a potential winner is disqualified for any reason, the Grand Prize may be awarded to an alternate winner by random draw from among all remaining eligible contest entries. Any attempt to deliberately damage any website or to undermine the legitimate operation of this contest is a violation of laws and may be subject to remedies and damages, including criminal prosecution. This contest is subject to all Federal, Provincial and Municipal laws. Void where prohibited.
  7. Publicity: By entering the contest, each entrant agrees to be bound by these Rules and the decision of the Contest Judges, and consents to the use of their name, city of residence, likeness, photograph, image and voice without payment or compensation, in any publicity or advertising in any medium carried out by Contest Sponsors. All entries become the property of Xyience and will not be returned.
  8. Modification or Termination: Subject to applicable law Contest Sponsors reserve the right to cancel, terminate, modify the Rules or administration of or suspend this contest in whole or in part without prior notice with no obligation or liability, including if for any reason the contest is not capable of running as planned, whether due to technical failure, or computer virus, tampering, fraud, or corruption of security or proper administration of the contest or other causes beyond the control of Contest Sponsors. In such event, a winner may be selected by randomly drawing from among all valid entries received up to the time of cancellation, termination or suspension.
  9. Liability: Contest Sponsors, their directors, officers, partners, dealers and employees shall not be responsible for any injuries, loss or damages of any kind (compensatory, direct, incidental, consequential or otherwise) with respect to, or in any way arising from, this contest or the prize awarded, including but not limited to: (i) lost, stolen, not received, destroyed, damaged, misdirected, illegible, incomplete, fraudulent or late entries which will be void and not eligible; (ii) failure to receive entries for any reason or technical failures or errors of any kind, including but not limited to incorrect or inaccurate capture or loss of entry information, omissions, lost/delayed/garbled data, transmission failure, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, servers, or software, traffic congestion on the internet or any website or any other online communication problems or any combination thereof; (iii) seeding or printing or typographical errors in any contest related material or human error; or (iv) any injury or damage to participants' or any other persons' computer system(s) due to viruses or otherwise or breaches of privacy due to interference by third party computers. A prize winner's refusal or inability to accept the prize awarded shall release Contest Sponsors from all obligation. In no event shall Contest Sponsors be held to award more prizes than what is mentioned in these Rules or to award prizes otherwise than in compliance with these Rules.

    Each entrant to the Contest consents to the collection and use of his or her personal information for the purpose of awarding the Grand Prize.
  10. These are the official contest rules of this contest. Copies of the Rules are available by writing to Xyience at 6205 Airport Road, Building A, Mississauga, Ontario L4L 8Z8 or online at www.xyiencehd.com.