New Platform Contest Terms and Conditions

[ARCTIC CAT NEW PLATFORM NAMING CONTEST] OFFICIAL RULES (“Contest”)

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO INDIVIDUAL U.S. AND CANADIAN RESIDENTS AGE 18 AND OLDER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

CONTEST TERRITORY and PERIOD: The Contest will be held in the United States and Canada and begins at begins on 12:00:01 am Eastern Time (“EST”) on July 14, 2022. Entries will be accepted until July 28, 2022 at 11:59:59 pm EST the (“Contest Period”). The Contest is subject to these complete official rules (“Official Rules”).

SPONSOR: This Contest is sponsored by Arctic Cat, Inc. (“Arctic Cat” or “Sponsor”), 601 Brooks Avenue, Thief River Falls, MN 56701, USA.

METHOD(S) OF ENTRY: During the Contest Period you may enter the Contest by completing a submission form (each a “Submission”) at the Sponsor’s website at arcticcat.com/newplatform.

PRIZE TO BE AWARDED:

• One prize of either (a) an Arctic Cat jacket (approximate retail value: US$250); or (b) or other Arctic Cat apparel of your choice of up to US$250. The winner may only select one of these prizes. No cash equivalent or substitution will be offered.

• Odds of winning depend on the number of eligible entries received and the overall quality of your submission and those of others, as determined in the Sponsor’s sole discretion.

1. ELIGIBILITY: The Contest is open only to legal residents of the fifty states and District of Columbia of the United States and legal residents of Canada, who are 18 or older at the time of submission. Employees, officers and directors of Arctic Cat, Inc. (the “Sponsor”), its parents, subsidiaries, affiliated companies, advertising, promotion or production agencies, distributors (and their IRS dependents, immediate family members (spouse, parents, children, siblings) and individuals residing in their same household, whether or not related) are not eligible to participate. By participating, entrants agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all respects.

2. CONTEST PERIOD: The Contest begins and ends at the times listed above. Sponsor’s computer (or a computer designated by Sponsor) is the official time keeping device for this Contest.

3. TO ENTER: During the Contest Period, enter as described above in the paragraph titled “Method(s) of Entry.” Any other attempted form of submission is void. Submissions become property of the Sponsor. Please see the Privacy Policy located at [arcticcat.com/newplatform] for details of Sponsor’s policy regarding the use of personal information collected in connection with this Contest. If your submission includes any text, images, or other content, by entering the contest you grant to Sponsor a global, royalty-free, irrevocable, sublicensable, and transferable license for such text, images, or other content for any purpose whatsoever including, but not limited to, copy, publish, create derivative works from, and otherwise use such content.

4. SUBMISSION REQUIREMENTS: To be eligible, your submission must be no longer than three words and must reflect positively on Sponsor and Sponsor’s products, as determined in the sole discretion of Sponsor. Your Submission may not contain, as determined by Sponsor in its sole discretion, any content that is:

• is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional group, age group, or other person;
• is profane, obscene, or offensive;
• promotes illegal activity, drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
• promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
• endorses any form of hate or hate group(s);
• defames, misrepresents or contains disparaging remarks about other people or companies;
• contains or is confusingly similar to names, trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without written permission;
• contains copyrighted elements owned by others, without their written permission;
• contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without their written permission;
• communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate;
• violates any applicable law; and/or
• would be a poor selection from a marketing stand point for any other reason in Sponsor’s sole discretion.

5. OWNERSHIP, LICENSE, CONDITIONS OF ENTRY: By submitting your Submission, you acknowledge that you understand and unconditionally agree that Sponsor shall solely and exclusively own the Submission (including all rights embodied therein). To the extent necessary or requested by Sponsor, you further agree that you will immediately and unconditionally take any action required to assign sole and exclusive ownership of your Submission to Sponsor, including but not limited to, irrevocably designating and appointing Sponsor and its duly authorized officers and agents, as your agent and attorney-in-fact with full power of substitution to act for and on your behalf, to execute and file any such document or documents and to do all other lawfully permitted and required acts to further the purposes of the foregoing with the same legal force and effect as if executed by you. In the event you are legally unable to effect such assignment to your Submission, you shall immediately and unconditionally grant Sponsor an irrevocable, perpetual, world-wide, royalty-free, exclusive license to display, market, edit, publish, adapt, exploit, modify, copy, disseminate, create derivative works of, or dispose of your Submission, the concepts embodied therein or any elements thereof in any manner Sponsor chooses, including, but not limited to displaying it online, in print, on products film, television, or in any other media now known or hereafter devised including, without exclusion, adopting the Submission as a trademark for Sponsor’s products. You further hereby grant Sponsor a worldwide, royalty free, non-exclusive, perpetual, irrevocable license, without limitation, to use your name, image, city, state, likeness, photo, and/or prize information in connection with the Contest for promotional, advertising or other purposes, and to display the Submission on products, advertising, the internet or any media now known or hereinafter developed.

6. WINNER SELECTION PROCESS & PRIZE AWARD:

Sponsor will select a single winning submission which Sponsor, in its sole discretion, deems as the best name for the new snowmobile. Sponsor’s decision is final and you agree not to object, appeal, or otherwise contest Sponsor’s decision. The prize is non-transferable and no cash equivalent or substitution will be offered. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize including but not limited to its quality, fitness for purpose or condition. Sponsor reserves the right to change the prize and/or not to award a prize if, in its sole discretion, it does not receive a sufficient number of entries, the entries are deemed unacceptable for any reason, or it has decided to terminate the Contest for any reason, in its sole discretion. The prize award is subject to verification of eligibility and compliance with these Contest rules.

Sponsor is not obligated to utilize any of the entries as the actual name for the snowmobile. Sponsor may choose an alternate name of its own selection for any reason whatsoever, in Sponsor’s sole discretion.

To receive a prize, a potential winner must meet all eligibility requirements to be awarded a prize, including responding to Sponsor’s communications. Sponsor will contact potential winner(s) through the provided contact information. If any prize or prize notification or attempted notification is returned as undeliverable, if potential winner(s) do not respond within a reasonable time period, namely, five (5) business days, or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the prize may be forfeited and may be awarded to an alternate winner in Sponsor’s sole discretion. By accepting a prize, each winner or potential winner acknowledges they are in compliance with these Official Rules and agrees to work with Sponsor to provide all information necessary to award the prize. The name(s) of the winner(s) will be posted at arcticcat.com/newplatform within ten (10) days of verification of the eligibility of the winner.

7. REPRESENTATIONS, WARRANTIES, and NON-INFRINGEMENT: By submitting your Submission, you represent and warrant that, to your knowledge: (1) your Submission does not and will not violate these Contest rules; and (2) your Submission does not infringe on the intellectual property rights of any third parties. Without limiting any of the foregoing, your Submission must not infringe upon the copyright, trademark, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If your Submission knowingly contains any material or elements that you do not own, and/or which are subject to the rights of third parties, you are solely responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the assignment of ownership of the Submission to Sponsor. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor at any time. Your failure to provide such proof may render your Submission null and void. Except where prohibited by law, you acknowledge and agree that Sponsor does not have now, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Submission.

8. Contest Modification/Cancellation: Sponsor reserves the right to modify any terms of this Contest at any time, for any reason and at its sole discretion and without providing you with any notice. Without limiting the foregoing, Sponsor also reserves the right to reject your Submission and/or terminate your participation in the Contest if Sponsor determines, in its sole discretion that you have violated any of the terms of the Contest rules, or if your Submission creates any risk of potential conflict with any third party. Without limiting any other similar provision in these Contest rules, Sponsor also reserves the right to cancel, suspend and/or modify the Contest, or any part of it at any time, if any fraud, technical failures, malware, or any other factor impairs the integrity or proper functioning of the Contest.

9. PRIZES / ODDS: The Prize(s) is/are listed above in the paragraph titled “Prize.” If a winner cannot accept a prize as stated for any reason including, but not limited, not responding to Sponsor’s communications, such prize will be forfeited and may be awarded to an alternate winner in Sponsor’s sole discretion. No substitution, cash redemption or transfer of prize permitted. However, Sponsor reserves the right to substitute the advertised prize with a prize of equal or greater value if the advertised prize becomes unavailable. Any difference between stated value and actual value will not be awarded. Odds of winning depend on the number of eligible entries received. If you are selected and eligible as a winner, your information may also be included in a publicly available winner’s list.

10. RELEASE AND LIABILITY LIMITATIONS: By making a submission, each participant (i) releases Sponsor, Facebook, Instagram, Twitter, TikTok and each of their parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) and agrees that the Released Parties shall have no liability whatsoever for, and shall be held harmless by participants against any liability (A) for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest or any Contest-related activities (including any travel related thereto), (B) resulting from claims by third parties relating to the posting of their likeness by a participant, (C) resulting from claims that participant’s submission violates or otherwise infringes the rights of a third party, and (D) a participant’s failure to comply with these rules.

IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S PARTICIPATION IN THE CONTEST, USE OF A PRIZE OR THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE AWARDED “AS IS” AND SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY PRIZE EXCEPT FOR ANY WARRANTY AVAILABLE FROM THE MANUFACTURER OF THE PRIZE.

SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERY PARTICIPANT. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

11. TAMPERING AND TECHNOLOGY ISSUES: (a) Released Parties are not responsible for lost, late, misdirected, incomplete, or non-delivered entries; or for interrupted or unavailable satellite, network, server, Internet Service Provider, unavailable or inaccessible websites, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, telephone, or other technical failure, delayed, or misdirected transmissions or computer hardware or software malfunctions, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of submission or other information or the failure to capture, or loss of, any such information; (b) persons who tamper with or abuse any aspect of this Contest or otherwise attempt to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives, as solely determined by the Sponsor, will be disqualified; (c) any use of robotic, automatic, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods; (d) should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, fairness, or security of the Contest, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest, and randomly select the winner from among all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor; and (e) Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of any website.

12. GENERAL CONDITIONS: All federal, state and local taxes, if any, on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided are solely winner’s responsibility. Except where legally prohibited, winner grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval, unless prohibited by law.

13. GOVERNING LAW & JURISDICTION: These Official Rules and the Contest are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the State of Minnesota in the state or federal courts for Hennepin County.

14. DISCLAIMER OF AFFILIATION. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, Twitter, or TikTok. You understand that you are providing your information to Sponsor, Instagram, Facebook, TikTok, or Twitter. Any questions, comments or complaints regarding this Contest shall be directed to Sponsor and not to Instagram, Facebook, TikTok, or Twitter. Instagram is a registered trademark of Instagram, Inc. Facebook is a registered trademark of Facebook, Inc. Twitter is a registered trademark of Twitter, Inc. TikTok is a registered trademark of Bytedance Ltd.

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