Dale Jr. Daytona
Ticket Giveaway Sweepstakes
OFFICIAL RULES AND
REGULATIONS
NO PURCHASE NECESSARY
TO ENTER, PARTICIPATE OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF
WINNING. INTERNET ACCESS REQUIRED TO ENTER. VOID WHERE PROHIBITED.
1.
ELIGIBILITY. The Dale Jr.
Daytona Ticket Giveaway Sweepstakes (the “Sweepstakes” or “Promotion”)
is open only to U.S. citizens, or lawful
permanent U.S. residents who are legal residents of the fifty (50) United
States and the District of Columbia, who are eighteen (18) years of age
or older (or age of majority under applicable
law) as of the date of entry (the “Eligible Entrants”).
Employees, officers, directors, members, agents, representatives and their
immediate families (spouses and siblings, parents and children and their
spouses) and household members of Sponsor and their agencies and each of their
respective parent companies, subsidiaries, distributors, affiliates, vendors,
service agencies and companies involved in the design, implementation and
execution of the Sweepstakes (collectively, the “Promotion Entities”)
are not eligible to participate in the Sweepstakes. The Sweepstakes is subject
to all federal, state and local laws and regulations and is void wherever
prohibited or restricted by law.
2.
HOW
TO ENTER.
To enter the Sweepstakes go to www.DaleJr.com (the “Website”)
and click the banner ad link for the Dale Jr. Daytona Ticket Giveaway
Sweepstakes, which will take you to DaleJr.com/Daytona/default.aspx where you can enter.
You must enter your first and last name, valid mailing address, valid email
address and valid phone number pursuant to the on-screen instructions. Only
those entries actually received by Sponsor during the designated Promotion
Period and following the aforementioned requirements will be entered in the
random prize drawings. Proof of sending is not proof of receipt; screen shots
or confirming emails will not be accepted as proof of receipt. Entrants may
not submit more than one (1) entry. Sponsor is not responsible for lost,
late, illegible/garbled, incomplete, damaged, postage due or misdirected
entries. All entries become the property of Sponsor and will not be
acknowledged or returned. False or deceptive entries or acts will render the
Entrant ineligible.
3.
PROMOTION/ENTRY
PERIODS.
The Sweepstakes begins at 5:00 p.m. Eastern Daylight Time (“EDT”) on January
18, 2013 (the “Start Time”) and ends at 12:00 p.m. EDT on February 8,
2013 (the “End Time”) (the “Promotion Period”). All times are
measured by Sponsor’s clock.
4.
WINNER
SELECTION, WINNERS LIST. There will be a total of one (1) Grand Prize. The
drawing for the Grand Prize will be held by Sponsor at 2:00 p.m. EST on February
8, 2013 at 349 Cayuga Drive, Mooresville, NC 28117. Odds of winning any prize depends
on the number of eligible entries received. Odds of winning are equal,
regardless of method of entry. Winners will be announced within one (1) day of
the scheduled drawings at DaleJr.com/Daytona/default.aspx.
5.
PRIZES. One (1) “Grand Prize”
will be awarded in the Sweepstakes. The Grand Prize shall consist of four (4)
tickets to the Budweiser Duel at Daytona currently scheduled to take place on
February 21, 2013; four (4) tickets to the NextEra Energy Resources 250
currently scheduled to take place on February 22, 2013; four (4) tickets to DRIVE4COPD
300 currently scheduled to take place on February 23, 2013; and four (4)
tickets to the Daytona 500 currently scheduled to take place on February 24,
2013. All events occur at Daytona International Speedway in Daytona, Florida.
The Grand Prize winner is responsible for any travel costs and costs of
accommodations to attend the events. The Grand Prize includes the race tickets
only. The approximate retail value (“ARV”)
of the Grand Prize is $688.00. The approximate retail value (“ARV”) of all
prizes in this Sweepstakes is $688.00 USD. The Grand Prize winner will be
responsible for making all travel arrangements, if necessary, to attend the
events. Sponsor assumes no responsibility for
canceled, delayed, suspended or rescheduled events. The Grand Prize
will be voided if winner does not confirm acceptance within seventy-two (72) hours
of being notified that they are the potential Grand Prize winner. If the Grand
Prize winner is unable to accept the Grand Prize, the Grand Prize may be
forfeited and an alternate winner may be randomly chosen from all remaining eligible
entries, time permitting, or the Grand Prize will be forfeited in its entirety,
in Sponsor’s sole discretion. All other expenses and costs not expressly
listed above as being included in the prize including but not limited to
transportation, meals, accommodations and incidentals, are solely the Grand
Prize winner’s responsibility.
6.
PRIZE
CONDITIONS.
The Grand Prize will be awarded to the Eligible Entrant who submit the randomly
selected winning entry (the “Prize Recipient”). The Grand Prize is
non-assignable and non-transferable. The Prize Recipient will be notified by
email or phone, at the email address and/or phone number on the entry, within one
(1) business day after the scheduled drawing. If the Prize Recipient declines
to accept the Prize, or in the event that the Prize notification is returned as
undeliverable, the Prize Recipient will be disqualified and an alternate Prize
Recipient may be selected from among all remaining Eligible Entries. If there
is a dispute about whom the email address belongs to, the winning entry will be
deemed submitted by the email account holder (and such account holder will
continue to be subject to all other rules herein). Prize Recipients will be
required to submit valid identification to Sponsor and to execute any tax
filings or other documentation Sponsor deems necessary to properly award the Prize.
Failure to comply with these requirements may result in disqualification.
Sponsor is not responsible for and shall not be liable for a Prize that is
declined or undeliverable. Any applicable taxes are the sole responsibility of
the Prize Recipient.
Sponsor makes no
warranties, and hereby disclaims any and all warranties, express or implied,
concerning any prize furnished in connection with the Sweepstakes. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY
DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR
NON-INFRINGEMENT.
7.
AFFIDAVIT
& RELEASE. As a condition of
being awarded any prize, the Prize Recipient will be required to execute and
deliver to Sponsor a signed affidavit of eligibility and publicity release and
acceptance of these Official Rules and release of liability, and any other
legal, regulatory, or tax-related documents required by Sponsor in its sole
discretion.
8.
USE
OF WINNER NAME, LIKENESS, ETC.. By entering the Promotion, Entrants
consent to the use of their name, likeness, image, biographical information and/or
prize information for promotional purposes by Sponsor and the Promotion
Entities without further permission or compensation, except where prohibited by
law. As a condition of being awarded any prize, except where prohibited by
law, each winner may be required to execute a consent to the use of his or her
name, biographical information, likeness and/or prize information, without
limitation, for promotional purposes without further permission or
compensation. Information collected from Eligible Entrants through the
Promotion is subject to the Sponsor’s privacy policy, which can be viewed by
clicking the ‘Privacy Policy’ link at www.DaleJr.com. By entering the
Promotion, you agree to the use of your personal information as described in
such privacy policy.
9.
NO
LIABILITY.
Entrants, as a condition of entering the Promotion, agree that Sponsor and the
Promotion Entities, together with their respective officers, directors,
employees, representatives and agents, shall not be held responsible and shall
have no liability for any claims, costs, injuries, losses or damages of any
kind resulting from their participation in this Promotion, including but not
limited to, any injury or damage to person or property incurred while attending
events related to the Promotion; acceptance, possession, use, or misuse of any
of the Prizes; any injury or damage to property related to or resulting from
participation in the Promotion or acceptance, possession, use, or misuse of any
of the Prizes. Sponsor is not responsible for any typographical or other error
in the printing of this offer, administration of the Promotion or announcement
of Prizes.
10.
ONLINE
ENTRY.
If for any reason the online portion of the program is not capable of running
as planned, including infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures, or any other causes
which, in the sole opinion of Sponsor, corrupt or affect the administration,
security, fairness, integrity, or proper conduct of the Promotion, Sponsor
reserves the right to cancel, terminate, modify, or suspend the Promotion at
any time and award prizes for all affected drawing(s) to all eligible
non-suspect entries received for such drawing(s) as of the date on which any
such action is taken and all eligible mail-in entries received for such
drawing(s) or as deemed fair, appropriate and consistent with these Official
Rules by Sponsor. If the Promotion is terminated due to tampering or technical
difficulties prior to the end of the Promotion Period, notice will be posted at
www.DaleJr.com. In addition, Sponsor reserves the right to
disqualify any individual who tampers with the entry process. Entry must be
manually key-stroked and manually entered by the Entrant. Repetitive automated
electronic submission of entries is prohibited, and any such entries will be
disqualified. Sponsor assumes no responsibility for any error, omission,
interruption, deletion, defect in operation or transmission, communications
line failure, theft or destruction, or unauthorized appearance of qualification
of any prize. Sponsor is not responsible for any problem or technical
malfunction of any telephone network or lines, computer online system, server
or provider, computer equipment, software, failure of any email or entry to be
received by Sponsor due to technical problems or traffic, congestion on the
Internet or at any web site, or any combination thereof, including any injury
or damage to participant’s or any other person’s computer related to or
resulting from participation or downloading any materials in this Promotion.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL
AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO
SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11.
DISPUTES. Each Entrant agrees
that any and all disputes, claims, and causes of action arising out of or in
connection with this Promotion, or the Prize awarded or the determination of
Prize Recipient, which cannot be resolved between the parties, shall be
resolved individually, without resort to any form of class action, exclusively
by arbitration in Charlotte, North Carolina pursuant to the commercial
arbitration rules of the American Arbitration Association, then in effect.
Further, in any such dispute, under no circumstances will Entrant be permitted
to obtain awards for, and Entrant hereby waives all rights to claim, punitive,
incidental, and consequential damages, and any other damages, including
attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e.,
costs associated with entering this Promotion), and Entrant further waives any
all rights to have damages multiplied or otherwise increased. Except where
prohibited, all issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules and Regulations or
the rights and obligations of the Entrants, Prize Recipients, Sponsor in
connection with the Promotion shall be governed by, and construed in accordance
with the laws of the State of North Carolina, without giving effect to any
choice of law or conflict of law rules or provisions (whether of the State of North
Carolina or any other jurisdiction), that would cause application of the laws
of any jurisdiction other than the State of North Carolina.
12.
AGREEMENT
TO THE OFFICIAL RULES.
By entering the Challenge, Entrants fully and unconditionally agree to be
bound by and accept all terms of these Official Rules and Regulations. Winning
a prize is contingent upon fulfilling all requirements set forth herein.
13.
SPONSOR. DEJ Holdings, LLC,
P.O. Box 330, Mooresville, North Carolina 28115 (the “Sponsor”).