RK Excel Terms and Conditions

RK Excel America Inc., Giveaways

OFFICIAL CONTEST RULES

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

PROMOTION DESCRIPTION. Each Promotion (a “Promotion”) begins on or about the dates and times published in the Facebook and Instagram posts relating to the specific Promotion. A Promotion lasts until the dates and times specified in the Facebook and Instagram posts relating to the specific Promotion. By participating in the Promotion, each entrant accepts and agrees to comply with and abide by these Official Rules and the decisions of RK Excel America Inc., (“Sponsor”), which shall be final and binding in all respects. Not sponsored, endorsed, administered or associated with Facebook, Instagram or any other social media site.

ELIGIBILITY Each Promotion is open only to persons who are (i) 18 years of age or older (or age of majority in their state) as of the date of entry, (ii) legal residents of, and physically located within, the 50 United States or the District of Columbia (the “Territory”), and (iii) not owners, directors, managers, officers or employees of Sponsor and its respective parent, subsidiaries and affiliated companies and the advertising, promotional or fulfillment agencies, webmasters or suppliers or any company who is a promotional participant, or performing services at the request of Sponsor (collectively, the “Promotion Entities”), nor members of their respective immediate families (spouses, domestic partners, parents, siblings and children) or persons living in the same households.

VOID WHERE PROHIBITED BY LAW The Promotion is void where prohibited or restricted by law.

ENTRY PROCESS For requirements and steps to enter a specific Promotion during its Promotion Period, go to RK Excel America’s Inc., Instagram (https://www.instagram.com/rk_excel/) or Facebook (https://www.facebook.com/RKExcel) accounts and follow the entry steps for the Promotion.

All entries must be received by Sponsor by the end of the Promotion Period. Limit one entry per person.

All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. In the event of a dispute as to the identity of an online entrant, the entry will be deemed submitted by the “authorized account holder” of the account holder used to enter the Promotion at the time of entry. “Authorized account holder” is the natural person to whom applicable Instagram or Facebook account has been assigned. The potential winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the applicable Instagram or Facebook account associated with winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.

The Promotion Entities are not responsible and shall have no liability for (i) entries from persons residing or located outside the Territory; or (ii) inaccurate, forged, incomplete, stolen, lost, illegible, damaged, mutilated, tampered with, postage-due, misdirected, delayed or late entries, whether caused by Internet users or by any equipment or programming associated with the Promotion or by any technical or human error which may occur in the delivery or processing of entries in the Promotion.

No purchase or payment is necessary to enter or win. A purchase will not improve your chances of winning.

Entries will not be acknowledged or returned and become the property of Sponsor. Sponsor shall have the right to use, assign, edit, modify or dispose of any entry however it sees fit without approval of the entrant.

DISQUALIFICATION OF ENTRANT Should Sponsor determine, in its sole discretion, that any entrant has violated any of the provisions in these Official Rules, Sponsor shall have no obligation to award the Prize to such entrant. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (i) tampering with the entry process; (ii) attempting to damage RK Excel America Inc., Instagram (https://www.instagram.com/rk_excel/) or Facebook (https://www.facebook.com/RKExcel) or undermining the legitimate operation of RK Excel America Inc., Instagram (https://www.instagram.com/rk_excel/) or Facebook (https://www.facebook.com/RKExcel); (iii) acting in violation of these Official Rules or any federal or state, law, rule or regulation; or (iv) acting in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person. Should such an attempt be made, Sponsor reserves the right, in addition to the right to disqualify such person, to seek damages and other remedies from any such person to the fullest extent permitted by law.

RANDOM DRAWING All entrants will be entered into a random drawing held at Sponsor’s corporate headquarters on the drawing date set forth on RK Excel America Inc., Instagram (https://www.instagram.com/rk_excel/) or Facebook (https://www.facebook.com/RKExcel) accounts at the posts for such Promotion. The odds of winning depend upon the number of eligible entries received.

PRIZES Prizes include General Admission tickets to select 2025 Pro Motocross Championship Races. Prizes are not redeemable for cash or transferable. No more than the advertised number of Prizes will be awarded. Prizes do not include any transportation or subsequent costs associated with attending the race event.

NOTIFICATION OF WINNER Sponsor will attempt to notify potential winners within 48 hours of the drawing dates through the contact account via the social submission. Sponsor is not responsible and shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason or any inability of the winner to accept or use the Prizes for any reason including, without limitation, the inability of a winner to travel at the dates and times designated by Sponsor. Disqualification and the selection of an alternate winner will result from any of the following: (i) the return of any notification of a Prize as undeliverable; (ii) the potential winner’s failure to claim a Prize within two days after notice of delivery; or (iii) any other non-compliance with these Official Rules. Any portion of the Prizes not accepted by the winner will be forfeited.

TAXES All income, sales, use, withholding and other taxes (and the reporting thereof) imposed as a result of the award of a Prize and any other fees or costs associated with acceptance and use of the Prize are solely the winner’s responsibility. It is the winner’s responsibility to understand and abide by any federal, state, local or foreign tax laws that may apply to receipt of a Prize. Winners may be required to complete certain Internal Revenue Service tax information reporting forms before or upon receipt of a Prize.

CONDITIONS Each entrant, by entering a Promotion, agrees that: (i) he or she will abide by and be bound by these Official Rules, which are final and binding in all respects; (ii) the Promotion Entities have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the Prizes and specifically disclaim all such warranties, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose; and (iii) the Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND.

USE OF INFORMATION By accepting a Prize, each winner consents to and gives Sponsor and any other party authorized by Sponsor the unrestricted, absolute, perpetual, worldwide right and license, but not the obligation, (i) to use the winner’s name, location, photograph, likeness, voice, biographical and personal background information and statements, and without limitation, any notes, photograph, film or video or audio tape that may be taken of the winner or of such materials (the foregoing, collectively, the “Likeness”), without further compensation, consideration, review, approval or notice to the winner or to any third party and (ii) to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, otherwise use and permit to be used the Likeness or any part thereof, whether alone or in combination with other materials (including, but not limited to, text, data, images, photographs, illustrations and graphics and video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including, but not limited to, any format of any computer-based, internet-based, electronic, magnetic, digital, laser or optical-based media), in connection with any of Sponsor’s (or its designee’s) advertising, publicity, trade, sweepstake or contests, activities or materials for an unlimited number of times, except where prohibited by law.

RIGHT TO CANCEL Sponsor reserves the right to cancel or modify any Promotion (i) in the event a Promotion is challenged by any legal or regulatory authority, (ii) if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the security, fairness, integrity or proper conduct of a Promotion, as determined by Sponsor in its sole discretion, or (iii) if a Promotion is not capable of completion as planned for any reason, including because of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort or any other causes beyond Sponsor’s control, which in the sole opinion of Sponsor, corrupts or affects the administration, security, fairness, integrity or proper conduct of a Promotion. In the event of such cancellation, termination, modification or suspension, a notice thereof will be posted at the Website, and the winners will be determined solely by Sponsor in a random drawing among all eligible, non-suspect or non-disqualified entries received prior to the termination or cancellation. In such event, the Promotion Entities shall have no liability to any entrant who is disqualified due to such action.

LIMITATIONS The Promotion Entities expressly disclaim any liability from the use of registration information by Sponsor or third parties. The Promotion Entities are not responsible for (i) interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, web sites, cellular towers or equipment, computer systems or equipment or other connections, availability or accessibility problems; (ii) failed, jumbled, delayed or misdirected computer, telephone or cable transmissions; (iii) any technical malfunctions, failures or difficulties, printing errors, clerical, typographical or other errors in the offering or announcement of any Prize or in any Prize notification documents; (iv) the incorrect or inaccurate capture of information, or the failure to capture any information; (v) viruses or bugs; or (vi) problems or malfunctions of any computer system, equipment or software, the failure of e-mail on account of technical problems, or traffic congestion on the Internet or at any website or combination thereof, including, injury or damage to an entrant’s or to any other person’s computer system or cellular phone related to or resulting from accessing the Website, downloading any materials or information necessary to participate in a Promotion or participating in a Promotion or accepting a Prize.

AMENDMENT Sponsor reserves the right to modify the Official Rules for clarification purposes without materially affecting the terms and conditions of any Promotion.

PRIVACY Entry information may be shared with Sponsor’s Promotional Entities to the extent required for Prize fulfillment purposes. Except as provided in these Official Rules, any entry information collected from a Promotion shall be used in accordance with Sponsor’s Privacy Policy, located at https://rkexcelamerica.com/support/privacy/.

INDEMNITY/RELEASE Each entrant indemnifies and holds harmless the Promotion Entities and their owners, directors, officers, managers, employees and agents from any and all liability for any damage, liability or loss of any kind or nature to persons, including death or property, resulting in whole or in part, or arising from, directly or indirectly, or in connection with any Promotion or the awards, acceptance, use, misuse, failure or inability to use, possession or loss of the Prizes or any Prize-related activity for such Promotion. Each entrant releases Sponsor, the Promotion Entities and their owners, directors, managers, officers, employees and agents from any and all liability, known or unknown, fixed or contingent, for any loss, harm, damages, costs or expenses of any nature, including, without limitation, personal property and personal injury damages arising out of participation in any Promotion, Prize acceptance, use, misuse, failure or inability to use, loss or possession of the Prizes, participation in any Prize-related activity and for all claims based on rights of publicity, personality, privacy or loss of enjoyment, moral rights, defamation or the Prize delivery. Under no circumstances will entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim, any punitive, indirect, incidental, consequential, exemplary, or any other damages, other than for actual out-of-pocket expenses. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will any entrant be entitled to receive attorneys’ fees or court costs. All causes of action arising out of or connected with any Promotion or the awarded Prizes shall be resolved individually, without resort to any form of class action. Failure to enforce any terms of these Official Rules shall not constitute a waiver of any provision.

SEVERABILITY If any provisions of these Official Rules are determined to be invalid or unenforceable, the remaining provisions of these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.

GOVERNING LAW/JURISDICTION ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH ANY PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. VENUE FOR ANY ACTION SHALL BE BROUGHT IN THE FEDERAL AND STATE COURTS LOCATED IN SAN DIEGO, CALIFORNIA.

WINNER’S LIST Any legally required winners list may be obtained after each Promotion no later than 30 days after each Promotion by sending a self-addressed, stamped envelope to: “RK Excel America Inc/Motocross Tix, 2645 Vista Pacific Drive, Oceanside CA 92056”. For a copy of the Official Rules, (i) print the web page or (ii) send a self-addressed, stamped envelope to: “RK Excel America Inc/Motocross Tix, 2645 Vista Pacific Drive, Oceanside CA 92056”. Vermont residents may omit return postage on Official Rules requests. Requests received after the close of the Promotion Period will not be honored.

SPONSOR RK Excel America Inc., 2645 Vista Pacific Drive, Oceanside, CA 92056