Open to residents of the United States.  Void in Puerto Rico & where prohibited.  Promotion begins 12/10/09 and ends on 2/28/2009.  Must be 18 years of age or older to participate. 

NO PURCHASE IS NECESSARY TO PARTICIPATE. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  REGISTRATION IS LIMITED TO ONE PER PERSON PER VISIT. 

Ownership, management, employees and their families are not eligible to participate.
If you have questions or concerns regarding the Promotion, or if you have a disability that you believe prevents you from participating in the Promotion, please contact us at 856-840-0998. 
 If a winner does not claim the prize, it will be awarded to another randomly selected winner.  No cash alternative or substitution of the prize will be provided, except Passariello’s, in its sole discretion, reserves the right to substitute a prize of equal or greater value if the prize cannot be awarded as described due to unavailability for any reason. Prizes will be delivered only to an address in the United States.   All income taxes (including, without limitation, federal, state, Provincial, Territorial and/or local income taxes) on or connected with the prize, and the reporting consequences thereof, is solely the responsibility of the winner.  

The prize cannot be operated in the State of New Jersey without a valid motorcycle license. 

Allow eight (8) to ten (10) weeks after awarding of the prize for shipment of the Scooter.
By  participating in the Promotion, except where such condition is legally prohibited, the verified winner hereby agrees and grants Passariello’s the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the universe for advertising, commercial and promotional purposes in connection with the Promotion without further compensation, and releases Passariello’s Corporation from any liability with respect thereto.

DISCLAIMER OF WARRANTIES. 
Passariello’s make no warranties, and hereby disclaims any and all warranties, express or implied, concerning the prize furnished in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND PASSARIELLO’S HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

GOVERNING LAW. 
All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion or the rights and obligations as between Participant and Passariello’s in connection with the Promotion shall be governed by and construed in accordance with the internal laws of the State of New Jersey, including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's or jurisdiction's laws.

ARBITRATION.
By participating in this Promotion,  each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against Passariello’s arising out of, relating to, or connected in any way with the Promotion, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location in Moorestown, New Jersey; (4) the arbitrator's decision shall be controlled by the terms and conditions of the Promotion’s official rules and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Promotion; (5) the arbitrator shall apply New Jersey law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the Participant's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) the Participant shall not be entitled to recover punitive, incidental and/or consequential damages.   If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.   For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org, or contact AAA AT 1633 Broadway, 10th Floor, New York, New York 10019; Phone 212-716-5800, Fax: 212-716-5905, OR BY EMAIL AT websitemail@adr.org.