RFK Racing Giveaways
Official Rules and Conditions of Entry
NO PURCHASE NECESSARY TO ENTER, PARTICIPATE OR WIN. MUST BE A LEGAL RESIDENT OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AND AT LEAST 18 YEARS OLD (19+ IN AL AND NE) AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED.
ENTRANTS MUST HAVE ACCESS TO THE INTERNET AND, IF APPLICABLE, A SOCIAL MEDIA ACCOUNT WITH THE PLATFORM ON WHICH THE CONTEST IS RUN (E.G., TWITTER®, INSTAGRAM® OR FACEBOOK®) AS OF THE COMMENCMENT OF THE CONTEST PERIOD AND MAY BE REQUIRED TO BE A FAN OF RFK RACING’S FACEBOOK® PAGE AND/OR A FOLLOWER OF @RFKRACING ON TWITTER® OR INSTAGRAM® TO ENTER THE CONTEST
1. CONTEST PERIOD. Each RFK Racing Giveaway (each, the “Contest”) begins and ends as described in the description of such Contest (the “Contest Period”).
2. SPONSOR. Roush Fenway Keselowski Racing, LLC, a Delaware limited liability company whose principal place of business is located at 4600 Roush Place, Concord NC 28027 (the “Sponsor”).
3. ELIGIBILITY. The Contest is open only to legal residents of the 50 United States and the District of Columbia who are at least 18 years old as of the date of entry (except residents of AL and NE must be at least 19 years old as of the date of entry). Entrants must have access to the internet and a social media account on the applicable social media platform as of the commencement of the Contest Period and may be required to be a fan of Sponsor’s Facebook® page and/or be a follower of @RFKracing on Twitter® or Instagram® during the Contest Period in order to be eligible to enter the Contest. Participation in the Contest is voluntary and does not require you to purchase anything from the Sponsor. To enter the Contest without making any purchase (but only if the instructions contained in the description of the Contest suggest an obligation to purchase), print your first and last name, complete address, city, state, zip code, daytime telephone number, date of birth and e-mail address (if available) on a three-by-five-inch card, and put the card in an envelope, affix first-class postage, and send it to the Sponsor. Employees, directors, officers, agents, representatives and their immediate family members (including spouses, siblings, parents and children) and household members (whether related or not) of Sponsor, NASCAR, LLC, or any of their respective parent companies, subsidiaries, distributors, affiliates, and companies involved in the design, implementation and execution of the Contest (the “Contest Entities”) are not eligible to participate in the Contest. The Contest is subject to applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law.
4. AGREEMENT TO OFFICIAL RULES. By entering the Contest, you fully and unconditionally agree to be bound by and accept all terms of these Official Rules and the decisions of Sponsor (including decisions with respect to the selection of winners and the interpretation of these Official Rules), which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all of the requirements set forth herein.
5. HOW TO ENTER. To enter the Contest, follow the instructions contained in the description of the Contest. Only those entries actually received during the Contest Period will be eligible to win. All times are measured by Sponsor’s clock. Proof of sending is not proof of receipt; screen shots or confirming e-mails will not be accepted as proof of receipt. All entries become the property of the Sponsor and will not be acknowledged or returned. Entrant is providing all entry information to Sponsor, and not to Facebook® or any other social media account used in connection with the Contest. YOU MAY ENTER AS MANY TIMES AS YOU WANT DURING THE CONTEST PERIOD UNLESS OTHERWISE RESTRICTED IN THE DESCRIPTION OF THE CONTEST. Sponsor and the Contest Entities are not responsible for lost, late, illegible, garbled, incomplete, damaged or misdirected entries. False or deceptive entries or acts will render the entrant ineligible.
6. ENTRY CONTENT RESTRICTIONS. To the extent you are required to submit materials or content as part of your entry, such entry materials may not (a) contain material that violates or infringes another’s rights, including but not limited to rights of privacy, publicity or intellectual property rights, or that constitutes copyright infringement; (b) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age; (c) contain any unacceptable clothing or adornments; (d) contain indecent behavior, profanities or obscenities, including but not limited to nudity or pornography, or contain anything inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous; (e) reference persons or organizations without their written permission; (f) disparage persons or organizations associated with Sponsor or the Contest Entities; (g) include threats to any person, place, business or group; or (h) violate any applicable federal, state or local laws and regulations. Any entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified. By submitting the entry materials, entrant warrants and represents that all persons appearing in any photograph, Instagram® or video have consented to (a) appear in the photograph, Instagram® or video, (b) have the entry submitted into the Contest, and (c) Sponsor’s use of the entry as provided in these Official Rules. Entrants further warrant and represent that the entrant has the legal right and authority to submit the entry. Any entry that fails to comply with and adhere to each and every term and condition set forth herein will be disqualified and deemed ineligible for participation in the Contest.
7. WINNER SELECTION, PRIZE DESCRIPTION AND ODDS OF WINNING. Winners will be selected as described in the description of the Contest. Each winner will receive the prize or prizes described in the description of the Contest. Approximate Retail Value (“ARV”) of the prizes will vary but will not exceed $100 per prize. LIMIT ONE PRIZE PER PERSON / PER SOCIAL MEDIA ACCOUNT. The odds of winning for any Contest depend on the number of eligible entries received for such Contest.
8. WINNER NOTIFICATION. A selected winner will be notified by Sponsor within approximately thirty (30) days following the winner selection for the applicable Contest. If a selected winner cannot be contacted, does not comply with these Official Rules, fails to reply to the notification direct message or any notification e-mail with the applicable information requested from Sponsor, such selected winner will forfeit the prize, and Sponsor may, but is not required to, select an alternate winner from among all remaining eligible entries. Upon contacting a selected winner and determining that he/she satisfies all eligibility requirements of the Contest, including potentially the execution of a required affidavit of eligibility, liability release and publicity release described in Section 9 below, such individual will be deemed a “Prize Winner”. Acceptance of any prize shall constitute and signify each Prize Winner’s agreement and consent that the Sponsor, the Contest Entities and their designees may use the Prize Winner’s name, social media account name and associated photograph, city, state, likeness, entry and or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration except where prohibited by law.
9. PRIZE CONDITIONS. Sponsor reserves the right to substitute a prize of the same or approximate retail value. No cash substitutions will be allowed. Prizes are non-assignable and non-transferable. As a condition to receiving a prize, the eligible entrant selected as a potential winner may be required to complete, sign, notarize and return an affidavit of eligibility, a liability release and a publicity release (where lawful) within the time period indicated on the winner notification and provide Sponsor with his/her social security number for tax reporting purposes as Sponsor may file an IRS Form 1099 with the Internal Revenue Service for the fair market value of the prize. ANY APPLICABLE FEDERAL, STATE OR LOCAL TAXES AND ANY EXPENSES OR COSTS INCURRED IN CONNECTION WITH OR INCIDENTAL TO RECEIPT OR USE OF A PRIZE ARE THE SOLE RESPONSIBILITY OF EACH PRIZE WINNER. If a Prize Winner declines to accept the awarded prize or is disqualified for failure to comply with the conditions set forth herein or these Official Rules, the selected winner will forfeit the prize and Sponsor may, but is not required to, award the forfeited prize to an alternate winner from among all remaining eligible entries. Sponsor and the Contest Entities are not responsible and shall not be liable if a prize is declined or undeliverable. Sponsor reserves the right to modify, suspend, extend or cancel the Contest (with or without notice) at any time in Sponsor’s sole discretion, and may, but is not required to, substitute another Contest in its place. Sponsor further reserves the right to amend or change these Official Rules at any time, in Sponsor’s sole discretion.
10. RELEASE OF LIABILITY. By entering the Contest, each entrant releases and discharges the Sponsor, the Contest Entities, and any other party associated with the development or administration of this Contest (including any social media platform on which the Contest is administered or promoted), their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, the “Released Entities”), from any and all liability whatsoever in connection with this Contest, including without limitation any and all claims, costs, injuries, losses, damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”), and each Prize Winner releases and discharges the Released Entities from any and all Claims in connection with the administration of this Contest and the use, misuse, or possession of any prize. To the fullest extent permitted by law, each Prize Winner shall indemnify and hold harmless the Released Entities from any claims or damages for bodily injury, sickness, disease or death or from any claims for damage to tangible property.
11. DISCLAIMERS. (i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the social media account submitted at the time of entry. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of any social media account or web site in connection with the Contest. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Contest if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) The Released Entities are not responsible for errors in the administration or fulfillment of this Contest, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Contest based upon such error at its sole discretion without liability. (v) THE RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS CONTEST OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY SOCIAL MEDIA ACCOUNT OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
12. APPLICABLE LAWS AND JURISDICTION. This Contest is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of North Carolina. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in North Carolina. Should there be a conflict between the laws of North Carolina and any other laws, the conflict will be resolved in favor of the laws of the North Carolina. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages.
13. WINNER’S LIST: To obtain a copy of a winner’s list via mail, please mail your request, together with a self-addressed, stamped envelope, to Sponsor at 4600 Roush Place, Concord, NC 28027. Requests received more than sixty (60) days after the end of a particular Contest Period will not be honored.
THE CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER, INSTAGRAM, FACEBOOK OR ANY OTHER SOCIAL MEDIA PLATFORM. BY ENTERING THE CONTEST, YOU AGREE TO RELEASE TWITTER, INSTAGRAM, FACEBOOK AND ANY OTHER SOCIAL MEDIA PLATFORM FROM ANY POTENTIAL LIABILITY IN CONNECTION WITH YOUR ENTRY AND PARTICIPATION IN THE CONTEST, AND YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO THE SPONSOR AND NOT TO TWITTER, INSTAGRAM, FACEBOOK OR ANY OTHER SOCIAL MEDIA PLATFORM.