NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR THE UNITED STATES. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
1. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older, and of legal age of majority in their state of residence (19 or older in Alabama and Nebraska). The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of The Graphics Company (“Sponsor”), its parent, subsidiary, and affiliated companies (including Federal-Mogul Corporation and Advance Auto Parts), and the web design, advertising, fulfillment, legal, judging, administrative, and sweepstakes agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes). Void where prohibited.
2. SWEEPSTAKES PERIOD: Sweepstakes begins on July 31, 2014 at 12:00:01 a.m. Eastern Time (“ET”) and ends on October 29, 2014 at 11:59:59 p.m. ET (the “Sweepstakes Period”).The Website server is the official clock for this Sweepstakes.
3. TO ENTER: There are two methods of entry for this Sweepstakes:
4. DRAWING AND ODDS OF WINNING: Five (5) Grand Prize winners (“Winners”) will be selected in a random drawing on or about November 25, 2014 from all eligible entries received, by an independent judging organization, whose decisions are final on all matters relating to the Sweepstakes. Odds of winning depend upon the number of eligible entries received.
5. PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”):
Five (5) Grand Prizes: A trip for the Winner and one (1) guest to attend the Daytona 500 NASCAR race on February 22, 2015.
Trip includes: round-trip coach air transportation for Winner and one (1) verified travel guest (“Guest”) from a major commercial airport near Winner’s residence within the 50 United States to Daytona Beach, Florida; ground transportation to/from the hotel and airport, and to/from the hotel and racetrack, at destination; three (3) days/two (2) nights standard hotel accommodations (double occupancy) in Daytona Beach, FL; two (2) tickets to the NASCAR race on February 22, 2015; and MOOG Gear. ARV: $3,000.
TOTAL ARV OF ALL PRIZES: $15,000.00
6. PRIZE RESTRICTIONS: Limit One (1) prize per person/household. Prizes are non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right in their sole discretion to substitute a prize in whole, or in part, with one of comparable or greater value. Actual value of Grand Prize may vary depending on the Winner’s point of travel origin, airfare, and hotel fluctuations. Any difference between the stated ARV and actual value will not be awarded. Airport, airline, ground transportation, and/or hotel accommodations will be determined by the Sponsor. All travel must be taken from February 21, 2015 to February 23, 2015. If any winner is unable to travel during the above travel dates, as designated by Sponsor, the prize will be forfeited and an alternate winner may be selected. Grand Prize Winner and Guest must provide their own transportation to and from the departure airport. If in the judgment of Sponsor, air travel is not required due to Winner’s proximity to destination, Winner and Guest will receive ground transportation in lieu of air transportation, and no compensation will be given for such substitution. Winner and winner’s guest must travel on same itinerary, comply with all security requirements for travel and are solely responsible for obtaining all necessary travel documents prior to departure date for travel (e.g., a valid government-issued passport, U.S. driver’s license). Winner may be required to provide a credit card at time of hotel check-in to cover hotel incidentals. Winner and Guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. All airfare, luggage fees, hotel, meals, ground transportation, gratuities, excursions fees, alcoholic beverages, and any other incidental costs or other expenses not specifically set forth herein are the sole responsibility of Winner and Guest. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Airline tickets are subject to flight variations, work stoppages, and schedule or route changes. Sponsor shall not be responsible for any cancellations, delays, diversions, or substitution, or any act or omission whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers, or any other persons providing any Grand Prize-related services or accommodations. No refund or compensation will be made in the event of the cancellation or delay of any flight. Sponsor shall not be liable for any loss or damage to baggage. Winner’s Guest must be 18 years of age or older and of legal age of majority in their state of residence. Winner and Guest must sign and return a release of liability/publicity before travel is booked.
Race tickets are subject to the standard terms and procedures of NASCAR and subject to NASCAR’s sole discretion. Sponsor is not responsible if event is delayed, postponed, or canceled for any reason. Winner will not receive compensation from Sponsor for tickets that the winner is unable to use due to cancellation of the event, but tickets may be subject to standard rain-check policies and procedures set by the issuer. Winner agrees that event admission is awarded pursuant to a revocable, nontransferable license that is personal to that applicable winner, and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed. Sponsor and/or its prize providers have the right, at their sole discretion, to disqualify and remove the Winner and/or his or her Guest from any activity at any time without compensation if the Winner’s behavior or his or her Guest’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor, or its prize providers, and in such a case, Winner will still be solely responsible for all taxes and other expenses relating to the prize. Winner and/or Guest’s participation in any or all activities on the prize trip is voluntary.
7. WINNERS NOTIFICATION AND PRIZE CLAIM: Winners are subject to verification, including verification of age. Potential Grand Prize Winners will be contacted via a traceable method of mail sent to the addresses provided during registration. Grand Prize Winners and Guests will be required to verify their eligibility by completing, signing, notarizing, and returning an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (granting the use of the winner’s name, city/state, likeness, or photograph by Sponsor for advertising/publicity purposes, without further compensation) within five (5) business days of attempted mail notification, or prize may be forfeited and an alternate winner may be contacted. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of entrants. If a prize notification or prize is unclaimed or returned as undeliverable; if notification email is not timely received for any reason including because of spam filters; if any prize correspondence is not returned within the required time period; or, if a potential winner is found not to be eligible or in non-compliance with these Official Rules, the prize will be forfeited and an alternate winner may be contacted. Winners will be contacted within four (4) weeks after verification to coordinate prize trip details.
Taxes: Grand Prize winners are solely responsible for any taxes on the prize, and will be issued an IRS Form 1099 reporting the value of the prize. Winners will be required to complete a W9 Tax Form and will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law.
8. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the prizes in a drawing from among all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Sweepstakes.
9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Sweepstakes Parties (collectively, Releasees”) resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in, the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Sweepstakes Parties for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the web site in whole or in part for any reason; traffic congestion on the Internet or web site; unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained on promotional materials or on the web site. Use of web site is at user’s own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Sweepstakes, use of the web site or the download of any information from the web site, or any other loss related to user’s participation in the Sweepstakes or receipt of any prize. Entrants agree to release Sponsor, Sweepstakes Parties, and National Association for Stock Car Auto Racing, Inc. from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto.
10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Missouri law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, 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. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
11. PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winners grant permission for Sponsor and those acting under its authority to use their name, and address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Web Site) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
12. GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Missouri, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules. By entering, you consent to the jurisdiction and venue of the federal, state, and local courts located in St. Louis, Missouri for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
13. WINNERS LIST: For the names of the winners, send a self-addressed stamped envelope to Advance Fall MOOG 500 Sweepstakes Winners List, P.O. Box 29287, St. Louis, Missouri, 63126. Residents from VT may omit postage on the self-addressed envelope. Requests must be received by February 1, 2015.
14. SPONSOR: The Graphics Company, 11653 Gravois Rd., St. Louis, MO 63126.
NASCAR and NASCAR.com are not participants or sponsors of this promotion. NASCAR® and the NASCAR Performance logo are registered trademarks of the National Association for Stock Car Auto Racing, Inc.
All other trademarks shown are owned by Federal-Mogul Corporation, or one or more of its subsidiaries, in one or more countries.