PitCrew Sweepstakes Official Rules






#PitCrew Giveaway Sweepstakes Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS. 

ENTRY REQUIRES NON-PRIVATE INSTAGRAM OR FACEBOOK ACCOUNT AND INTERNET CONNECTION.  

1. Sponsor:  The Sponsor of this #PitCrew Giveaway (the “Sweepstakes”) is Dansons, Inc. (“Sponsor”), 3411 N 5th Ave., Phoenix, AZ, whose decisions are final and binding as to all aspects of this Sweepstakes.  This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, or Instagram, or National Association for Stock Car Auto Racing, Inc. (“NASCAR”). 

2. Binding Agreement:  These Official Rules (“Rules”) constitute a legally binding agreement by and between Sponsor and entrant, and govern entry in the Sweepstakes (defined below).  By participating, entrants fully and unconditionally agree to abide by these Rules, and the rules, policies, procedures and terms located on Instagram and Facebook.  Failure to comply with these Rules and Facebook or Instagram’s rules, policies, procedures and terms will void a participant’s entry.  Winning a prize is contingent upon fulfilling all requirements set forth herein.  Entrants and/or potential winner may be required to provide proof of identification and eligibility as required by Sponsor.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any other Sweepstakes or promotional materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.  

3. Eligibility:  The Sweepstakes is open to persons who are legal residents of, and physically located within, the 50 United States or the District of Columbia (except for residents of Rhode Island who are excluded from participating in the Sweepstakes), and are at least eighteen (18) years of age at the time of entry.  A participant’s entry into the Sweepstakes will be deemed to be a representation that the entrant is 18 years of age or older.  The Sweepstakes is void in Rhode Island, Puerto Rico, all other United States territories, outside the 50 United States, and where prohibited or restricted by law.  Employees of Sponsor, NASCAR, and Bell Racing USA, and their affiliates and each of their respective officers, directors, shareholders, members, successors, agents, assigns, parent companies, subsidiaries, affiliates, suppliers, advertising and promotional agencies, and immediate family members (herein defined as spouse, siblings, children and each of their respective spouses, regardless of residence, and any person living in such a person’s household, whether related or not), are not eligible to participate.  The Sweepstakes is subject to all federal, state, and local laws and regulations. 

4. Entry Period:  The Sweepstakes begins at 4:00 p.m. Eastern Standard Time (“EST”) on August 31st, 2018 and ends at 6:00 p.m. EST on Sunday, September 1st (the “Sweepstakes Period”).  Sponsor’s computer will be the official time-keeping device.  There is one (1) Entry Period: from August 31st to September 1st.  Any proof of submission does not constitute proof of receipt.  Entries will not be acknowledged or returned. 

5. How to Enter:  On Friday, August 31st, the @PitBossGrills Instagram and Facebook accounts will compose a “Post” that will include the hashtag #PitCrew and #Giveaway.  An eligible entrant must follow and/or like @PitBossGrills and/or Pit Boss Grills to receive (1) entry, into the active Entry Period, per like or follow, on Facebook or Instagram (1/4, 2/4). Liking and/or following Pit Boss Grills on Instagram or Facebook prior to the beginning of the Entry Period will not be valid as an “entry”. 

For an additional entry (3/4), participants can take a picture with “BBQ Bob”, of Pit Boss Grills, and post to their social accounts, using the #PitCrew #Giveaway hashtags for Dansons, Inc. to be able to track the posts. 

For an additional entry (4/4)  follow @pitboss_bbqbob as well. 

Limit four (4) entries per entrant per Entry Period.  An entrant who attempts to enter any Entry Period more than four (4)  times will be subject to disqualification from the Sweepstakes at Sponsor’s sole and absolute discretion.  If it is discovered or suspected that an entrant attempted to enter or receive entries using multiple Instagram or Facebook accounts or identities, all of that entrant’s entries will be declared null and void and that entrant will be ineligible to win a Prize.

The decisions of Sponsor are final and binding on all matters relating to determining eligibility of Twitter Entries.

NOTE:  NON-PRIVATE Instagram/Facebook ACCOUNT REQUIRED for additional entry post with BBQ Bob.  An entrant must use a non-private account to enter the Sweepstakes for the additional entry.  Entries from Instagram and Facebook users with “protected” accounts (i.e., only people the entrant has approved can view his or her posts) may not be received.  Entrant must remain a follower of @PitBossGrills for at least thirty (30) days after the end of the Entry Period for winner notification and verification purposes.  A non-private account can be created at no cost at Instagram.com and facebook.com.  Use of Facebook and Instagram will be subject to their privacy policies and terms of service, which can be found online. 

If an entrant accesses the Sweepstakes on his or her mobile device, the entrant’s wireless service provider may charge for applicable message and data charges/usage.  Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device. 

6. Submission Requirements:  Each Entry must meet ALL of the “Submission Requirements” set forth below to be eligible.  Failure to follow any of the Rules will result in disqualification of the attempted Entry. 

Entry must be limited to liking of following @PitBossGrills Instagram and/or Facebook account and not contain other materials embodying copyrighted images, names, likenesses, photographs or other indicia identifying any person, living or dead, without permission;


Entry must not, in the sole and absolute discretion of Sponsor, be profane, obscene, pornographic, sexually explicit or suggestive, or contain nudity or otherwise objectionable or inappropriate content;


Entry must not promote alcohol, illegal drugs, tobacco, firearms, weapons (or the use of any of the foregoing);


Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age; 


Entry must not contain third party advertisements, personal solicitations or commercial solicitations or promote any political agenda or party; 


Entry must not defame, misrepresent or contain disparaging remarks about people or companies;


Entry must not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;


Entry must not include images which violate the right of privacy or publicity of any person;


Entry must not include any private information of a third party such as name, address, phone number, or email address; 


Entry must not depict illegal activity and cannot itself be in violation of any law.

By submitting a Facebook or Instagram Entry, the entrant understands and grants to Sponsor permission to republish or otherwise use his or her Entry/Post, and other entrant information on Sponsor’s website, Sponsor’s social media accounts or pages, and in advertising and/or promotional activities worldwide without compensation, permission or notification.

7. Winner Determination and Notification:  Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes.  On or about the next business day after an Entry Period, Sponsor will randomly select the potential Sweepstakes winner from all eligible entries received during that Entry Period only.  The winner is considered a potential winner pending verification of eligibility and compliance with these Rules.  

The potential winner will be sent a DM on Facebook or Instagram to his or her account used to enter the Sweepstakes with further instructions on how to claim the Prize.  The potential winner will be required to follow instructions in the Direct Message, and provide Sponsor with his or her e-mail address, first name, last name, address, and birth date.  The potential winner must respond within forty-eight (48) hours of Direct Message notification or the Prize will be forfeited.  

The Prize will be awarded within approximately 1-2 weeks after the winner is verified by Sponsor.  

In the event of a dispute over the identity of the winner, the winning Entry will be deemed submitted by the authorized account holder of the primary e-mail address associated with the Facebook or Instagram account used to submit the entry.  The authorized account holder is defined as the natural person to whom the e-mail address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  Sponsor will disqualify anyone suspected of entering by opening two separate accounts with different e-mail addresses.  The potential winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the e-mail address associated with the winning Twitter Entry and that all eligibility requirements are met.  If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  Entrant is responsible for notifying Sponsor in writing if his or her e-mail or other contact information has changed. 

8. Prize and Odds of Winning:  The winner for each Entry Period will receive one (1) Pit Boss Austin XL Wood Pellet Grill and Smoker (the “Prize”).  The total ARV (Approximate Retail Value) in U.S. dollars of each Prize is approximately $500.  The total ARV of all Prizes awarded during the Sweepstakes Period is approximately $500.  The winning Entry for the Entry Period may also be featured on Sponsor’s website and various social media platforms.

The Prize will be awarded only if the potential winner fully complies with these Rules.  No cash in lieu of a prize will be awarded.  No transfer, assignment, exchange, refund or substitution of a prize (or portion of any prize) permitted except unless Sponsor, in its sole discretion, determines otherwise.  Sponsor reserves the right to substitute an alternative prize, in whole or in part, of equal or greater monetary value if a prize becomes unavailable or cannot be awarded as described for any reason.  All details and other restrictions of prizes not specified in these Rules will be determined by Sponsor in its sole discretion.  Prizes pictured in advertising, marketing or promotional materials are for illustrative purposes only.  All costs, including federal, state and local taxes, insurance, any costs/expenses related to participation in the Sweepstakes or acceptance or use of the Prize, and other expenses not specifically identified as included in the Prize, are the sole responsibility of the winner.  SPONSOR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WINNER SHALL TAKE THE PRIZE “AS IS” AND AT HIS OR HER OWN RISK. 

The ARV of the prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Rules and the date the prize is awarded.

Odds of winning depend on the number of eligible entries received.  At Sponsor’s discretion, any unclaimed prize may not be awarded.

9. Winner Requirements:  Potential winner must comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements.

The potential winner will be required to acknowledge the message from Dansons, Inc. within five (5) business days following the date of attempted notification.  If a selected winner cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to acknowledge the message via Dansons, Inc. within the applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize.  In the event a potential winner is disqualified for any reason, Sponsor will award the Prize to an alternate winner from among all remaining eligible entries.  Only three (3) alternate winners will be selected, after which the Prize will remain un-awarded.  Arrangements for delivery of the Prize will be made after winner validation.  

Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s name, biographical information, city, state, photos and/or likeness, voice recording, video images and all related footage, Twitter Entry and/or Prize information in connection with the Sweepstakes and for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, radio, the Word Wide Web and Internet, without limitation and without further payment or consideration, except where prohibited by law.  Without limiting the generality of these Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Twitter Entry and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Twitter Entry for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity.  Winner accepts and acknowledges that Sponsor shall not be obligated to use the Twitter Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Twitter Entry.  Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.  Display or publication of any Twitter Entry on Sponsor’s website does not indicate the entrant will be selected as a winner.  Winner will indemnify Sponsor and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable attorneys’ fees and legal expenses) arising out of any breach of these terms.

10. Release and Limitations on Liability:  By entering the Sweepstakes, entrants agree that Instagram, Facebook, Sponsor, NASCAR, and Bell Racing USA, and each of their respective affiliates, parent companies, subsidiaries, representatives, consultants, contractors, attorneys, suppliers, distributors, advertising/promotional agencies, prize suppliers, participating retailers, public relations, fulfillment and marketing agencies, website providers and their respective officers, directors, stockholders, employees, agents, members, successors, assigns, and representatives (collectively, the “Released Parties”) are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with:  (i) incomplete, lost, late, stolen, damaged, misdirected or illegible entries or for failure to receive entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that may limit an entrant’s ability to participate in the Sweepstakes; (ii) any injury or damage resulting from participation in the Sweepstakes and/or the use or misuse of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy, or the entrant’s claim that he or she has somehow been defamed or portrayed in a false light); and (iii) any incorrect or inaccurate information, whether caused by entrant, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Sweepstakes (including these Rules).  Entrant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Sweepstakes and/or the awarding of any prize.  Released Parties assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the websites of Released Parties or participating in the Sweepstakes, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, error in entries or selection announcement, or the failure to capture any information.  Released Parties will not be responsible or liable for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Rules, and all such entries may, in Sponsor’s sole and absolute discretion, be disqualified.  Released Parties will not be liable to winner or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a “Force Majeure” event or occurrence), or any other cause beyond Released Parties’ control.  Further, entrants agree to waive the provisions of Civil Code Section 1542 which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  THE LIMITATIONS, RELEASES, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE RULES APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. Additional Rules:  By participating in the Sweepstakes, each entrant agrees to: (i) be bound by these Rules, including all eligibility requirements and all decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes; (ii) waive any rights to claim ambiguity with respect to these Rules; (iii) waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) forever and irrevocably release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Rules or any Sweepstakes materials, (d) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any Force Majeure event, or as otherwise permitted in these Rules, (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry, (i) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Sweepstakes or any online service via the Internet due to hardware or software compatibility problems, (k) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (l) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (m) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (n) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (o) the negligence or willful misconduct by entrant.  

Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Sponsor is impairing or will impair the administration, security, fairness, or integrity of the Sweepstakes.  Sponsor further reserves the right to disqualify any unauthorized entries.  If, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes and award a prize from among all eligible entries received up to that date.  If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received.  Sponsor may prohibit an entrant from participating, winning, or accepting a prize (and void all associated entries) if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives.  Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.  

LEGAL WARNING:  ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS SITE OR INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Disputes:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF THE ENTRANT AND SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA.  Entrants hereby agree that any and all disputes, claims, causes of action at law or in equity, or controversies (“Claims”) arising out of or relating to this Sweepstakes, the meaning or interpretation of these Rules, exploitation or use of any Twitter Entry or other material submitted in connection with the Sweepstakes, or any prize awarded, if not otherwise resolved through direct discussions, shall be resolved exclusively by binding arbitration before a single arbitrator pursuant to this provision and the procedures of JAMS, Inc. at its offices located in Orange County, California.  The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone.  Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties.  No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.  NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT.  FURTHER, NEITHER PARTY WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.  THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING.  NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.  ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.  

13. Privacy Policy:  Any personally identifiable information submitted by entrants or collected by Sponsor will be treated in accordance with Sponsor’s Privacy Policy available at https://pitboss-grills.com/terms-conditions-privacy-policy.

14. Winner List:  For the Winners List, send a stamped, self-addressed envelope to: #PitCrew Grill Giveaway – Winners List Request, 3411 N. 5th Ave, Suite 500, Phoenix, AZ 85013.  Winners List requests will only be accepted after the Sweepstakes Period end date (listed above) and no later than October 2, 2018. 

15. Severability:  If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement.

NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. NASCAR, Inc., is not a sponsor of this promotion. 

[End of Official Rules]


STANDARD NASCAR LEGAL COMMENTS 8/27/18

As a courtesy, some of the following comments/edits have been incorporated in the Official Rules above.  However, please ensure all such change(s) are made consistently throughout any additional materials (creative, print, etc.) relating to this promotion.


Sponsor to ensure the following comments are incorporated in the appropriate materials associated with this sweepstakes/promotion:

1. SPONSOR OF THE PROMOTION: All rules, waivers and release forms, fine prints on creative materials, etc., must clearly state that “NASCAR, Inc., is not a sponsor of this promotion.”  Promotion and any advertising thereof, must clearly communicate the sponsor(s) of the promotion. 

2. RELEASE/WAIVERS: NASCAR, Inc., and its parent(s), subsidiaries, affiliates, and each of their respective employees, shareholders, directors, officers, members, successors, agents, and assigns must be added to any and all language as released parties in the rules and in any release forms/waivers a winner, guest, and/or participant may sign.

3. INELIGIBILITY CLAUSE: NASCAR, Inc., and its parent(s), subsidiaries, affiliates and each of their respective employees, shareholders, directors, officers, members, successors, and agents as ineligible participants to ineligibility verbiage.

4. HOLD HARMLESS CLAUSE: By accepting prize, winners agree to hold NASCAR, Inc., and its parent(s), subsidiaries, affiliates and each of their respective shareholders, directors, officers, employees, members, agents, successors, and assigns harmless against any and all claims and liability arising out of use of the prize or any other participation in this sweepstakes.  Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in this promotion or use or redemption of any prize. 

5. VIP PASSES/TICKETS: Subject to the standard terms and procedures of NASCAR and subject to NASCAR’s sole discretion.

6. NASCAR LEGAL LINE: NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc.

Sponsor to ensure the following guidelines have been met:

7. APPROVAL OF ALL PROMOTIONAL MATERIALS FOR THIS PROMOTION: Prior to release of the promotion, NASCAR legal must review all promotional copy of/on behalf of Sponsor (i.e., creative, online, radio scripts, ad layouts, etc.) to ensure all materials accurately reflects the official rules; additionally, all final drafts must be submitted for NASCAR Legal’s review before NASCAR Legal can grant approval for use of any NASCAR trademarks in the promotion.

8. THIRD-PARTY APPROVAL: Sponsor must obtain all rights and approval of third parties involved in the promotion, i.e., tracks (including, the right to give away tickets as a prize, trademark usage, etc.), teams, drivers, other third parties, marks, brands, likenesses, etc.

9. PREMIUMS USED IN CONJUNCTION WITH THIS PROMOTION: All premium items (including any used for gift bags) used in connection with this promotion must be NASCAR-licensed, royalty-bearing, and are subject to a separate premium licensing agreement with NASCAR.

10. LEGAL COMPLIANCE: Sponsor must ensure that this sweepstakes promotion, and all elements thereof, complies with all applicable federal, state, & local laws, rules, and regulations, including, but not limited to, sweepstakes and/or contest laws and all applicable social media platform terms and conditions (e.g. FaceBook Pages Terms).

11. TITLE OF THIS PROMOTION: “NASCAR” cannot be used in the title of a sweepstakes in a manner such that it appears that NASCAR is a sponsor of the sweepstakes.  

12. THIRD PARTY IN TITLE OF THIS PROMOTION: Cannot use ‘NASCAR’ in the title of a promotion in conjunction with a third party that has no relationship with NASCAR.

13. PROMOTION TITLE CONSISTENT: Title of sweepstakes/contest should remain consistent throughout all materials (official rules, creative, etc.).

14. URLs: neither ‘NASCAR’ nor ‘Monster Energy NASCAR Cup Series’ (nor anything substantially similar thereto in upper or lower case) can be used in any domain name registration or URL.

15. SOCIAL MEDIA REQUIREMENTS: Sponsor must ensure all Social Media requirements/guidelines are met, including, but not limited to, intellectual property (IP) usage requirements.

 

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