PROGRAM TERMS AND CONDITIONS
1. Eligibility: 2019 Mazda MX-5 Miata 30th Anniversary Edition Pre-Order (the “Program”) is open to legal residents of the fifty (50) United States (including D.C.), eighteen (18) years old or older at the time of entry. Void where prohibited.
2. Timing: The Program begins on February 7, 2019 at 12:00 p.m. Pacific Time (“PT”) and ends on February 22, 2019 at 12:00 a.m. PT or when one thousand (500 people register, whichever comes first (the “Program Period”). Mazda North American Operation’s computer is the official time-keeping device for the Program.
3. How to Receive Pre-Order: During the Program Period, visit www.30th-anniversarymiata.com (the “Website’”) and follow the links and instructions to complete and submit the form, including a valid email address and phone number, preferred local dealer, preferred build type, credit card information and authorization for a $500 refundable deposit. The first five hundred (500) people who visit the Website, complete the registration form (including deposit), and who are confirmed will receive the opportunity to pre-order a special “30th Anniversary Edition” 2019 Mazda MX-5 Miata (30th Anniversary trim with Racing Orange exterior and Recaro Black with Orange stitch interior), (the “Pre-Order”). Limit: Each participant may receive one (1) Pre-Order. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than one (1) Pre-Order by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s Pre-Order and that participant may be disqualified. Confirmation of your pre-order will be sent within 24 – 48 hours after the conclusion of the Program Period.
4. Sponsor: Mazda Motor of America, Inc., d/b/a Mazda North American Operations (“Sponsor”) 200 Spectrum Center Drive, Suite 100, Irvine, CA 92618.
5. Release: By receipt of the Pre-Order, participants agree to release and hold harmless Sponsor, Mazda dealerships, Garage Team Mazda, Deluxe Branded Marketing, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and 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 Program or receipt or use or misuse of the Pre-Order.
6. Publicity: Except where prohibited, participation in the Program constitutes each recipient’s consent to Sponsor’s and its agents’ use of recipient’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
7. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Program, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Program, 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 registration process or the operation of the Program or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Program 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 Terms and Conditions shall not constitute a waiver of that provision.
8. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (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 registration process or the Program; (4) technical or human error which may occur in the administration of the Pre-Order or the processing of registrations; (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 participation in the Program or receipt or use or misuse of any Pre-Order.
9. Disputes: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Program or any Pre-Order shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant 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 Terms and Conditions, or the rights and obligations of the participant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
© 2019 MAZDA MOTOR OF AMERICA, INC. ALL RIGHTS RESERVED.