Terms and Conditions
BY REGISTERING FOR THE FEDERAL-MOGUL MOTORPARTS GARAGE REWARDS LOYALTY PROGRAM (THE "LOYALTY PROGRAM"),” YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS GOVERNING THE LOYALTY PROGRAM, ("TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR THE LOYALTY PROGRAM. POINTS MAY BE REDEEMED FOR MERCHANDISE ONLY AVAILABLE FROM FEDERAL- MOGUL MOTORPARTS CORPORATION (“SPONSOR”). SPONSOR RESERVES THE RIGHT TO MODIFY OR TERMINATE THE LOYALTY PROGRAM AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE POINTS ALREADY ACCUMULATED OR THE AVAILABILITY OF REDEEMABLE MERCHANDISE. YOU AGREE THAT YOU WILL REVIEW THESE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE TERMS AND ANY MODIFICATIONS HEREOF. THIS LOYALTY PROGRAM IS INTENDED FOR PARTICIPATION IN THE UNITED STATES AND CANADA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT PARTICIPATE IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES OR CANADA AT THE TIME OF PARTICIPATION. NOT OPEN TO THE GENERAL PUBLIC. VOID WHERE PROHIBITED.
1) INCENTIVE SALES PERIOD: The Loyalty Program begins October 1, 2015 at 12:00:00 a.m. Eastern Time (“ET”), and ends December 31, 2018 at 11:59:59 p.m. ET (“Program Period”).
2) ELIGIBILITY: Open to legal residents of the 50 United States, the District of Columbia, and Canada who are eighteen (18) years of age or older and an automotive technician (“Technician”) or an automotive service/repair shop owner (“Owner”). Officers, directors and employees of Sponsor, and its parent, subsidiaries and affiliated companies, distributors, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Loyalty Program (collectively, “Loyalty Program Parties”) and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate in the Loyalty Program. No groups, clubs, newsletters or organizations may participate in this Loyalty Program on behalf of the group, club or organization. Void where prohibited. Subject to all applicable federal, state, provincial and local laws. Note: It is your sole responsibility to confirm with your employer whether your employer has any policies or restrictions concerning participation in trade programs or the acceptance of trade incentives.
4) EARNING POINTS:
a. Technicians and Owners who have registered to participate in the Loyalty Program (the “Members”) will have the ability to complete various predetermined activities and tasks as outlined on the Website during the Program Period in exchange for points that may be redeemed for certain gear and other rewards as outlined in more detail on the Website. The number of points that may be earned through a given activity or task will be specified at the time that the activity appears on the Website. If Sponsor elects to award points through an activity during the Program Period, notice will be provided on the Website. To participate, browse the Website and select the activity in which you wish to participate. All activities and tasks are subject to any additional terms on the Website and these Terms. You will not receive points until you have completed the specific activity or task, the activity or task has been verified, and you have fully complied with these Terms, as well as the terms of the respective activity or task.
b. Between April 1, 2017 at 12:01:00 a.m. ET and May 31, 2017 at 11:59:59 p.m. ET (“Victory Lap Period”), Members may also visit www.MOOGVictoryLapPromo.com (“Victory Lap Website”) (also, the “Website”) and register using the email address used to register for a Rewards Account in the Loyalty Program. After initial login, Members may purchase up to ten (10) qualifying MOOG Control Arms (CK/RK) and/or up to five (5) MOOG Hub Assemblies (each a “Product”) during the Victory Lap Period, then visit the Victory Lap Website to complete the online tracking form with the details of each qualifying Product purchase (“Form”). Members must print and mail the completed Form and original purchase invoices for each Product to MOOG Victory Lap Program Headquarters, PO Box 40489, Cleveland, OH 44140 to receive 2,500 points for a purchase of ten (10) MOOG Control Arms (CK/RK) and an additional 2,500 points for a purchase of five (5) MOOG Hub Assemblies. Limit 5,000 points per person/email address/Rewards Account. Submissions must be postmarked by June 30, 2017, and received by July 7, 2017. Points will be deposited into the Rewards Account corresponding to the email address provided with submission within fifteen (15) days of submission receipt, subject to verification of Product purchase information and compliance with these Terms and any other terms on the Victory Lap Website.
c. Activities may be available for a limited time, and the Sponsor reserves the right to amend or remove any activity, or to adjust the number of points associated with it, at any time. The maximum number of points that a Member can earn in a calendar year is 10,000. A Rewards Account which has had no activity for a period of eighteen (18) months will be deemed to be an “inactive” account and any points accumulated in an inactive Rewards Account will be forfeited without compensation and account will be terminated. Forfeited points will no longer be valid or usable. In the event that an account is terminated, Technician or Owner may re-register however forfeited points from previous account will not be credited to new account. A summary of a Member’s Rewards Account may be viewed at Website. Sponsor will attempt to credit Members' accounts with points on a timely basis. However, each Member shall have the responsibility of ensuring that his or her points are properly credited. Each Member acknowledges and agrees that the decisions of Sponsor shall be final, binding and conclusive in all matters relating to the Loyalty Program, including without limitation determinations regarding the validity of points and other materials submitted for verification.
5) POINT VERIFICATION/REDEMPTION: Point redemption requests are subject to verification of eligibility and compliance with these Terms. All costs and expenses associated with the acceptance and use of points and/or any reward not included in the reward description as being provided (including, but not limited to, all federal, state, provincial, and local taxes) will be the sole responsibility of the reward recipients. Rewards are provided “as is” with no warranty or guarantee, either express or implied, by Sponsor. Without limiting any other remedies, Sponsor may suspend or terminate any Rewards Account and invalidate any associated points if Sponsor suspects in its sole discretion that any Member or other person has engaged in fraudulent activity in connection with this Loyalty Program, including without limitation in the event points were improperly credited to a Rewards Account or obtained fraudulently. Points do not constitute property, do not entitle a Member to a vested right or interest and have no cash value. As such, Rewards Points are not redeemable for cash, transferable or assignable for any reason. The sale, barter, transfer or assignment of any accumulated points (including on Internet auction sites), other than by Sponsor is strictly prohibited. Points may not be given away. Points are null and void and redemption requests will be rejected if points are not obtained through authorized, legitimate channels. Any points which Sponsor deems in its sole discretion to have been transferred, sold, bartered or assigned in violation of these Terms may be confiscated and/or canceled. All points are subject to verification at the sole discretion of Sponsor. Anti-fraud detection devices may be used for verification purposes. Points will be void if they fail to pass anti-fraud detection measures, or, as determined by Sponsor and in its sole discretion, if such points are found to be unauthorized, illegitimately obtained, or if they contain an unauthorized message, code or other marking not issued by Sponsor for use in this Loyalty Program, or if they are defective or produced in error or are illegible or unreadable. No point redemption will be valid if such redemption is associated with any point deemed void for any reason, including without limitation, the following: (a) point is not verified or recognized as being validly issued by Sponsor in the Loyalty Program; (b) point is determined to be previously entered and used; (c) point is incorrectly or incompletely entered or submitted; or (d) point is otherwise void. Notwithstanding the foregoing, Sponsor may, at its sole discretion and without obligation, elect to replace an invalid point with another point if appropriate upon request. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void point. To redeem points, Members access their account on the Website. Rewards will be listed on the same webpage where points are redeemed. All rewards items have a point value associated with them. Members must have accumulated enough points to redeem the reward item. Once the reward item is selected and “redeemed” the points associated with the item will be subtracted from the Member’s account. Members will receive a confirmation email that their order to redeem points has been received. The status of the order and the shipping tracking code will be available in the Member’s account. Participation in the Loyalty Program is subject to these Terms, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by these Terms or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with this Loyalty Program, or failure to act in a manner consistent with federal, state, provincial or local laws, regulations or ordinances, may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Loyalty Program, as well as forfeiture of any points accrued to date and any other benefits earned in connection therewith, in Sponsor’s sole discretion. Sponsor reserves the right at its sole discretion to disqualify any individual from participating in any aspect of Loyalty Program, and/or may cancel, suspend or block any Rewards Account registered by such person if Sponsor and its administrators deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) damaging, tampering with or corrupting the operation of the Loyalty Program; (b) acting with intent to annoy, harass or abuse any other person; (c) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website; (d) repeated attempts to enter void points in one or more Rewards Accounts, as determined by Sponsor; (e) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (f) activity deemed in the sole discretion of Sponsor and its administrators to be generally inconsistent with the intended operation of the Loyalty Program. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE LOYALTY PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS ADMINISTRATORS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. Sponsor’s failure to enforce any term of these Terms shall not constitute a waiver of that or any other provision.
6) LIMITATIONS OF LIABILITY: No responsibility or liability is assumed by the Sponsor and Loyalty Program Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Website: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online, mobile or other communication problems; disruptions, errors or limitations of any Internet service providers or wireless carriers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text transmissions to be sent or received; lost, late, delayed or intercepted e-mail or text transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website ; unauthorized human or non-human intervention of the operation of the Loyalty Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Loyalty Program, or loss, miscount, misdirection, inaccessibility or unavailability of a Rewards Account used in connection with the Loyalty Program. Sponsor and Loyalty Program Parties are not responsible for any errors in the points tallies, any display or announcement of rewards, or Terms or any inaccurate or incorrect data contained on the Website, including without limitation, the number of points available, or any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from online participation in the Loyalty Program, or use of or download of any information from the Website . WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Under no circumstances will Sponsor and Loyalty Program Parties be liable for punitive, incidental, consequential, or any other damages.
7) MODIFICATION/TERMINATION: The Loyalty Program structure is subject to modification or limitation at any time, with or without notice, in Sponsor’s sole discretion, and Sponsor expressly reserves the right to establish additional means of accruing points, to delete any or all of the currently recognized means of accruing points, to exclude specific types of transaction therefrom or to make points selectively available to certain Members based upon factors in its sole discretion. Additionally, membership in the Loyalty Program is offered at the discretion of Sponsor and it reserves the right to modify these Terms, Point redemption values, benefits, rewards, promotions, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting points or any other aspect of the Loyalty Program, in whole or part, at any time, with or without notice, even though such changes may affect the redemption value of the points already accumulated. If for any reason Sponsor determines in its sole discretion that the Loyalty Program is no longer capable of running as intended by these Terms for any reason whatsoever (including but not limited to, any occurrences described in section 6 above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Loyalty Program, as determined by Sponsor in its sole discretion), Sponsor, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Loyalty Program in whole or in part, at any time including without limitation, any means of application, registration, or participation. In the event Sponsor so cancels or terminates the Loyalty Program, all unredeemed points outstanding at the time of such cancellation or termination shall be void.
8) RELEASES: All participants, as a condition of participation in this Loyalty Program, agree to release Sponsor, and Loyalty Program Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Website , registering, redeeming points, or otherwise participating in any aspect of the Loyalty Program, the receipt, ownership or use of any reward received, or while preparing for, participating in or traveling to or from any reward-related activity (if applicable) or any typographical or other error in these Terms. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any merchandise reward except for any express manufacturer’s warranty as may be included with the reward. Recipient bears all risk of loss or damage to a reward after it has been delivered or downloaded. Except for residents of Tennessee, and where prohibited by law, participants grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Website and any other Sponsor websites) the participant’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.
9) BINDING ARBITRATION: Any controversy or claim arising out of or relating to these Terms or the Loyalty Program shall be settled by final and binding arbitration in accordance with the rules of and shall be administered by the American Arbitration Association before a single arbitrator, with the proceedings to be held in Southfield, Michigan, and, in the case of any appeal permitted under those rules, exclusive jurisdiction and venue will rest with the federal and state courts in the State of Michigan, County of Oakland. Each party shall bear his/her own legal expenses in such arbitration. 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 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. 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. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’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 PARTICIPANT IN THIS LOYALTY PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS LOYALTY PROGRAM, EACH PARTICIPANT 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 LOYALTY PROGRAM, OR ANY REWARD 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 PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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 PARTICIPANT.
10) GOVERNING LAW & JURISDICTION: These Terms and the Loyalty Program are governed by U.S. and Michigan law and are subject to all applicable federal, state, provincial and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of participant and Sponsor in connection with the Loyalty Program, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Terms and/or for entering any judgment on an arbitration award, shall take place in the federal, state and local courts located in the State of Michigan, County of Oakland.
11) SPONSOR: Federal-Mogul Motorparts Corporation, 27300 W 11 Mile Road, Southfield, MI 48034
©2016 Federal-Mogul Motorparts Corporation. NASCAR is a registered trademark of NASCAR, Inc. MOOG is a trademark owned by Federal-Mogul Corporation, or one or more of its subsidiaries, in one or more countries. All rights reserved.
MOOG® NASCAR® VIP At-Track Experience Sweepstakes (“Sweepstakes”)
2017 OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR THE 50 UNITED STATES, DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC) AND IS GOVERNED BY U.S. AND CANADIAN LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE 50 UNITED STATES, D.C. OR CANADA (EXCLUDING QUEBEC) AT THE TIME OF ENTRY. VOID IN QUEBEC AND WHERE PROHIBITED. Subject to all applicable federal, state, PROVINCIAL, and local laws and regulations.
1. ELIGIBILITY: NOT OPEN TO THE GENERAL PUBLIC. This Sweepstakes is only open to legal residents of the 50 United States, the District of Columbia, and Canada (excluding Quebec) who are eighteen (18) years of age or older and the age of majority in his/her state/province/territory of residence at the time of entry ((19 in Alabama and Nebraska, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Yukon, Nunavut and the Northwest Territories) and who are registered members of the Federal-Mogul Motorparts Garage Rewards Loyalty Program with an active valid account, or visit www.GarageRewards.com and enroll to become a registered member. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of Federal-Mogul Motorparts Corporation (“Sponsor”), its parent, subsidiary, and affiliated companies, 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”), NASCAR, Inc., 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 in Quebec and where prohibited.
2. TO ENTER: During the Sweepstakes Period, a registered member of the Federal-Mogul Motorparts Garage Rewards Loyalty Program, with an active and valid account, visits www.MOOGVictoryLapPromo.com and follows the online direction to register for the MOOG Victory Lap Sweepstakes (“Registrant”). Once you have finished registering, you will receive one (1) entry (“Entry”) into the Sweepstakes.
Limit one (1) Entry per Registrant/Account. Automated means of participation in the Sweepstakes are also prohibited and any use of automated devices in connection with Sweepstakes Entries will cause disqualification. Registrants may not use any other device or artifice to enter the Sweepstakes multiple times above the stated limit or as multiple Registrants. Any Registrant who attempts to enter the Sweepstakes with Accounts above the stated limit, or who uses any device or artifice to enter the Sweepstakes multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's sole discretion.
3. SWEEPSTAKES DRAWING: Four (4) potential Grand Prize winners will be randomly selected in one (1) drawing from all eligible Entries received throughout the Sweepstakes Period. Odds of winning a Grand Prize depend on the number of eligible Entries received. The drawing will be conducted in Elmhurst, Illinois, U.S.A., on or about June 6, 2017, by a third party Sweepstakes administrator whose decisions shall be final and binding on all matters relating to the Sweepstakes.
4. PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”):
FOUR (4) GRAND PRIZES: a MOOG NASCAR VIP At-Track Experience from July 22, 2017 to July 24, 2017 for the verified Grand Prize winner (“Grand Prize Winner”) and one (1) guest (guest must be 18+) to attend the Brickyard 400 Monster Energy NASCAR Cup Series race on July 23, 2017 in Indianapolis, IN. ARV: $3,500.00 USD each/$4,663.68 CAD each (as of March 16, 2017).
Grand Prize trip includes:
· Two (2) round-trip coach class air transportation tickets from a major airport in the fifty (50) United States near winner's residence for the Grand Prize Winner and one (1) verified guest to the Indianapolis International Airport;
· Three (3) days/two (2) nights hotel accommodations (standard room, double occupancy) in a hotel of Sponsor’s choice in Indianapolis, IN;
· $250 USD VISA® Prepaid Gift Card;
· VIP access for two (2) to the Indianapolis Motor Speedway Brickyard 400 on July 23, 2017 in Indianapolis, IN; and
· Two (2) tickets to the Brickyard 400 Monster Energy NASCAR Cup Series race on July 23, 2017 in Indianapolis, IN.
NOTE: A Grand Prize Winner who is a Canadian resident will be awarded the Grand Prize in the form of a check made payable to the Grand Prize Winner for $3,500.00 USD (for the winner to make his/her travel, hotel, and transportation arrangements), less the applicable U.S. income tax (30% of the $3,500.00 ARV), which Sponsor (or its designated agent) will remit to the U.S. IRS, in compliance with U.S. tax law; VIP access for two (2) to the Indianapolis Motor Speedway Brickyard 400 on July 23, 2017 in Indianapolis, IN; and two (2) tickets to the Brickyard 400 Monster Energy NASCAR Cup Series race on July 23, 2017 in Indianapolis, IN.
TOTAL VALUE OF PRIZES: $14,000.00 USD/$18,654.72 CAD (as of March 16, 2017).
5. GENERAL PRIZE RESTRICTIONS: Limit one (1) Grand Prize per Registrant/Account/household. Prizes are non-transferable and no prize substitution permitted, except at the sole discretion of the Sponsor. If a prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or equal value. Sponsor does not make, nor in any manner is responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prizes including but not limited to their quality, fitness for purpose, or condition. VISA® Prepaid Cards are subject to terms and conditions as set by issuer. Cards are issued by The Bancorp Bank, Member FDIC, pursuant to a license from VISA® U.S.A. Inc. VISA® and the VISA® logo are registered trademarks of VISA® U.S.A. Inc. VISA® U.S.A. Inc. is not a Sponsor of or affiliated with this Sweepstakes. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.
Grand Prize Trip Restrictions: Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of Grand Prize will not be awarded. All Grand Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Certain restrictions may apply. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of the Grand Prize Winner. All travel must be taken on dates specified or Grand Prize will be forfeited and may be awarded to an alternate; no alternative travel dates are available. Winner and guest must be able to travel on the event dates above or prize will be forfeited and an alternate winner will be notified. Grand Prize Winner and guest must travel on same itinerary. Guest must be eighteen (18) years of age or older and the age of majority in his/her state/province/territory of residence at the time of entry ((19 in Alabama and Nebraska, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Yukon, Nunavut and the Northwest Territories) and must sign and return a travel release before any ticketing of travel occurs. Grand Prize Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license or, for Canadian residents, a valid passport) required for travel. Once guest has been selected, he/she may not be substituted, except in Sponsor's sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of Sponsor, air travel is not required due to winner's proximity to Indianapolis, Indiana, ground transportation will be substituted for roundtrip air travel at Sponsor's sole and absolute discretion. The difference in value will not be awarded to the Grand Prize Winner. Sponsor and the Released Parties shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Grand Prize-related services or accommodations. Additional prize award details and travel information to be provided to the Grand Prize Winner at the time of notification. Grand Prize 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. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.
In the event the race is postponed/rescheduled or otherwise cancelled, no compensation or substitution for such portion of the Grand Prize will be provided; however, the remainder of prize package will be awarded and the Sponsor will not have any further obligation to the Winner. Tickets and passes are subject to the standard terms and procedures of NASCAR® and subject to NASCAR’s sole discretion. Sponsor and the Released Parties are 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. Winner and guest must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of the prize and removal from event. Sponsor has the right, at its 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 and/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, and in such a case, Winner will still be solely responsible for all taxes and other expenses relating to the prize. The Sponsor and Released Parties shall not be responsible for any damage to property (including hotel or travel accommodations arranged by the Sponsor), caused by the Winner’s or Winner’s guest’s behavior.
By participating in this Sweepstakes and submitting an entry, each entrant agrees: (i) to be bound by these Official Rules, including all entry requirements; (ii) to release and hold the Sweepstakes Parties and National Association for Stock Car Auto Racing, Inc., and its affiliates and each of their respective employees, shareholders, officers, directors, agents, members, and assigns (collectively, with the Sweepstakes Parties, the “Released Parties”) harmless from and against any and all claims, injuries, damages, losses and liability that may occur, directly or indirectly, in whole or in part, from participation in the Sweepstakes or from the receipt or use of any prize or any travel or activity related to the receipt or use of the Grand Prize; and (iii) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
6. WINNER NOTIFICATION AND PRIZE CLAIM: Winners are subject to verification, including verification of age.
Skill-Testing Question: If a potential winner of any prize is a Canadian resident, the selected Registrant will be notified via the email address used to register and must, unaided, correctly answer a time-limited mathematical skill-testing question within two (2) business days. In the event that the selected Registrant does not send a return email within two (2) business days or is unable to correctly answer the skill-testing question, he/she shall be disqualified (and shall forfeit any and all rights to the applicable prize), and the Sponsor shall have the right to randomly draw or select (as applicable) another eligible Registrant, and the Sponsor shall be fully and completely released and discharged from any liability in this regard.
Grand Prize Winner Notification: The potential Grand Prize Winners will be contacted on or about June 8, 2017 via the email address/phone number collected at the time of registration. The potential Grand Prize Winners will be required to respond via email/phone within two (2) business days of the attempted notification to claim the Grand Prize. Upon receipt of the potential Grand Prize Winner’s return email/phone call (and, for a Canadian resident, successful completion of the skill-testing question as described above), the potential Grand Prize Winner will be sent, via email, a Declaration/Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, to be completed, signed, and returned to Sponsor within five (5) business days or prize may be forfeited. If the potential Grand Prize Winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential Grand Prize Winner will be disqualified. In the event that the potential Grand Prize Winner is disqualified for any reason, Sponsor reserves the right to award the Grand Prize to the Registrant with the next highest total number of points in the Competition, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. The Grand Prize Winner is solely responsible for any federal, state, local, or provincial taxes on the prize. Potential Grand Prize Winner will be required to fill out a W9 or W8BEN form at the time of verification for U.S. tax reporting purposes.
U.S. Taxes: A Grand Prize Winner who is a U.S. resident will receive an IRS 1099 Miscellaneous Income Tax Form in January of the year following receipt of their prize showing the prize value (as stated in these Official Rules) as additional income for the year in which they receive the Grand Prize. A Grand Prize Winner who is a Canadian resident receive the will be awarded the $3,500.00 USD ARV of the Grand Prize in cash, less the applicable U.S. income tax (30% of the ARV), which Sponsor (or its designated agent) will remit to the U.S. IRS, in compliance with U.S. tax law. A Canadian Grand Prize Winner will receive an IRS 1042S Foreign Person’s U.S. Source Income Subject to Withholding Form for their tax records, showing the prize value (as stated in these Official Rules) and the deductions taken.
7. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE 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. If, in Sponsor’s sole discretion, any portion of the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes without notice and, if terminated, at its sole discretion, select winner(s) for the affected Sweepstakes drawing and/or Competition from among all non-suspect, eligible Entries received prior to cancellation for the Sweepstakes and/or Competition or as otherwise deemed fair and appropriate by Sponsor. In the event that an Entry is confirmed to have been erroneously deleted, lost or destroyed, Registrant’s sole remedy shall be another Entry into the Sweepstakes.
8. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Released Parties, resulting from any 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 Released 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 or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; 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 and the Released Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on promotional materials or on the Website. Use of Website is at user’s own risk. Released Parties 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 Website or the download of any information from the Website, or any other loss related to user’s participation in the Sweepstakes or receipt of any prize. As a condition of entering, Registrants agree to release the Released Parties from any and all liability, loss, or damage incurred with respect to Registrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize or any travel or activity related thereto.
9. BINDING ARBITRATION: These Official Rules, the Sweepstakes and any cause of action arising from the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Michigan, U.S.A. (exclusive of its choice of law provisions). Any controversy or claim arising out of or relating to these Official Rules or the Sweepstakes shall be settled by final and binding arbitration in accordance with the rules of and shall be administered by the American Arbitration Association before a single arbitrator, with the proceedings to be held in Southfield, Michigan, U.S.A. and, in the case of any appeal permitted under those rules, exclusive jurisdiction and venue will rest with the federal and state courts in the State of Michigan, U.S.A, and County of Oakland. Each party shall bear his/her own legal expenses in such arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE REGISTRANT’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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH REGISTRANT 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 REGISTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND REGISTRANT 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) REGISTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND REGISTRANT 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 REGISTRANT.
10. PUBLICITY: Except in Tennessee, U.S.A., 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/province), Entry, photograph, voice, image and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on a website) now known or hereinafter invented without territorial or time limitations and without further notice and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winners’ list.
11. 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 the State of Michigan, U.S.A. without giving effect to any choice of law or conflict of law rules thereof. By entering, you consent to the jurisdiction and venue of the federal, state and local courts located in Southfield, Michigan, U.S.A. for the resolution of any matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Official Rules, and agree that any and all such 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.
12. WINNERS LIST: For a list of winners, send an email request to Support@moogpromo.com. A Winners list will be available 30 days after all winners are deemed official, which is on or about June 31, 2017.
14. SPONSOR: Federal-Mogul Motorparts Corporation, 27300 W 11 Mile Road, Southfield, Michigan, U.S. A. 48034.
NASCAR® is not a participant in or a sponsor of this Sweepstakes. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc.
MOOG® is a trademark of Federal-Mogul LLC or one or more of its subsidiaries in one or more countries.
All other trademarks are the property of their respective owners.