NASCAR Pit Pass Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT AFFECT YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES, WASHINGTON, D.C., AND WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF ENTRY. ENTRY IN THIS SWEEPSTAKES CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.
ELIGIBILITY: The KANSAS DWPT NASCAR PIT PASS GIVEAWAY (“Sweepstakes”) is only open to individuals who:
(a) are legal residents of one of the 50 United States or Washington, D.C.; and
(b) are at least 18 years old and of the age of majority or older in the state of their residence at the time of entry,
except for employees, officers, directors, agents and representatives of Kansas Department of Wildlife, Parks, and Tourism and its affiliates (including without limitation its parent, sister and subsidiary companies, partnerships and other commercial entities), its advertising and promotion agencies and any other person directly connected with the production and distribution of or the supply of goods or services in connection with this Sweepstakes, their respective owners, directors, officers, employees and agents (collectively, with the Administrator, hereinafter referred to as the “Released Parties”) and their respective immediate families (mother, father, sister, brother, child, husband or wife, and their respective spouses, regardless of where they reside), and those living in the same household of any such individuals, whether or not legally related. This Sweepstakes may only be entered from and in eligible jurisdictions. Void where prohibited by law.
TO ENTER: From January 1, 2017 to March 29, 2017 ("Promotion Period"), eligible individuals may enter this Sweepstakes without having to purchase anything by registering for TravelKS' Instameet by visiting www.travelks.com/noplacelikeks/instameet during the Promotion Period and completing the online entry form in accordance with the instructions provided. All entries will be reviewed based on the eligibility requirements within the instructions. All required fields on the online entry form must be completed. Incomplete entries will not be accepted and will be automatically rejected.
Online access, an email account, and complete registration and requirements for the Instameet are required in order to participate in this Sweepstakes.
There is a limit of one (1) entry per individual regardless as to the method of entry. Additional entries received from any individual beyond the first entry received from that individual will be void. Entries generated by script, macro or other automated means and entries by any means which, in the opinion of the Sponsor, are intended to subvert the entry process will be void. All entries become the property of KDWPT, and none will be acknowledged or returned.
No third party entry or entry through Sweepstakes service permitted. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, multiple email accounts, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by KDWPT, will be disqualified. If, in the KDWPT's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of this Sweepstakes, and/or this Sweepstakes is not capable of being conducted as described in these Official Rules, KDWPT shall have the right, at its sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend this Sweepstakes, and conduct a random drawing to select the prize winner from all non-suspect entries received prior to action taken, or as otherwise deemed fair and appropriate by the Sponsor. If this Sweepstakes is cancelled, modified, suspended or terminated, notice will be posted on www.travelks.com/noplacelikeks/instameet. KDWPT reserves the right to prosecute any fraudulent entries to the fullest extent of the law. At KDWPT’s sole discretion, the Sweepstakes winner may be disqualified at any time.
- PRIZE: One (1) grand prize of 4 Pit Passes to 2017 Monster Energy NASCAR Cup Series Go Bowling 400 will be awarded. There will be only one prize per winner. Lost or stolen prize will not be replaced. No assignment, transfer, conversion to cash or cash redemption or substitution of the prize is permitted, except KDWPT reserves the right to substitute the prize with a prize of comparable or greater value should the prize become unavailable. All prize details are at the sole discretion of KDWPT. The winner agrees to accept the prize “as is”, and entrants hereby acknowledge that KDWPT has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. The approximate retail value of the prize is $400.00. Any valuation of the prize(s) stated above is based on available information provided to KDWPT and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner(s) will be solely responsible for all applicable state, federal, and local taxes associated with the acceptance and use of any awarded prize.
ENTRANTS’ AGREEMENT: The submission or attempted submission of an entry for this Sweepstakes constitutes the entrant’s full and unconditional agreement to these Official Rules and to any decisions made by KDWPT, all decisions of which pertaining to this Sweepstakes shall be final and binding without any right of appeal. Winning a prize is contingent upon entrant fulfilling all the requirements of and all terms and conditions provided in these Official Rules. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes.
All entries and any Request for Information and Waiver document provided to the Sponsor become the property of KDWPT and will not be returned.
DRAWING AND ODDS: A drawing to determine the potential winner(s) of this Sweepstakes will be held on March 30, 2017. All eligible entries received by KDWPT during the Promotion Period will participate in that drawing. The drawing will be conducted via random number generator at KDWPT offices located at 1020 S. Kansas Ave., Suite 200 Topeka, KS 66612.
Odds of winning will depend on the total number of valid entries received during the Promotion Period.
- NOTIFICATION: The potential winner will be notified, at KDWPT’s sole option, by means of email or telephone.
VERIFICATION OF THE POTENTIAL WINNER:
An entrant whose entry is drawn is not considered a winner of any prize unless and until the entrant’s eligibility has been verified by the KDWPT and the entrant has been notified that verification has been completed. In connection with such verification, the potential winner may be required to execute and return a Request for Information and Waiver form, within ten (10) days of the date that such form is sent by KDWPT to the potential winner. Non- compliance with the foregoing or with any of these Official Rules, the return to KDWPT of the prize notification or the Request for Information and Waiver form as non-deliverable or KDWPT's inability to contact the potential winner within one (1) month of its first attempt to notify will, at KDWPT’s sole option, result in disqualification of the potential winner and, at the KDWPT’s sole option, an alternate winner being selected by another draw.
In the event of a dispute over the identity of a potential winner, the entry will be declared made by the authorized account holder of the email address submitted at the time of entry, and the potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address. “Authorized account holder” is defined as the person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. Proof of sending or submission will not be deemed to be proof of receipt by KDWPT.
LIMITATIONS OF LIABILITY AND RELEASE: The Released Parties are not responsible or liable for:
(a) any incorrect or inaccurate information, whether caused by entrants, non-authorized human intervention, printing errors or by any of the equipment or programming associated with or utilized in this Sweepstakes;
(b) technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, network hardware or software, cable, satellite, cellular tower, or Internet service provider;
(c) bugs, viruses, worms, unauthorized human intervention in any part of the entry process or this Sweepstakes or any other causes which impair the fairness, integrity or administration of this Sweepstakes (in such event, KDWPT reserves the right, at its sole option, to modify, terminate or suspend this Sweepstakes);
(d) typographical, printing, network, mechanical, electronic, technical, human or other errors or malfunctions of any kind relating to or in connection with this Sweepstakes including, without limitation, errors or problems which may occur in the administration of this Sweepstakes, the processing of entries, the announcement of the prizes or other errors in these Official Rules or in any other Sweepstakes-related materials;
(e) any liability, loss, injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in this Sweepstakes or receipt, use or misuse of any prize; or
(f) lost, incomplete, late, misdirected, garbled, undelivered, incomplete, stolen, or mutilated transactions, subscriptions or entries; or garbled, lost, misrouted or scrambled transmissions. (If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in this Sweepstakes.)
THE PARTIES AGREE, ACKNOWLEDGE AND UNDERSTAND THAT THE SPONSOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR LOST PROFIT DAMAGES. THE PARTIES AGREE, ACKNOWLEDGE AND UNDERSTAND THAT KDWPT’S TOTAL AGGREGATE LIABILITY FOR ANY MATTER ARISING FROM OR RELATED TO THIS SWEEPSTAKES, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNT OF THE ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT ASSOCIATED WITH ENTERING THIS SWEEPSTAKES.
By entering into this Sweepstakes, each entrant agrees to release, discharge, and forever hold harmless the Released Parties and their shareholders from any and all claims, actions, damages, demands, manner of actions, causes of action, suits, debts, duties, accounts, bonds, covenants, warranties, indemnities, claims over, contracts and liabilities of whatever nature or kind arising out of, or in connection with, the entrant’s participation or attempted participation in this Sweepstakes, compliance or non-compliance with these Official Rules and the delivery, non- delivery, acceptance, use, misuse or non-use of the prize and, if selected as a potential winner, to sign and deliver the Request for Information and Waiver form before receiving his/her prize.
Each entrant acknowledges that KDWPT shall not be required under any circumstances to award more prizes than the number of available prizes as set out in these Official Rules.
- CAUTION: Any attempt by any person(s) to 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, the Sponsor reserves the right to seek damages and/or other remedies (including attorneys’ fees) from any such person(s) responsible for the attempt to the fullest extent permitted by law.
DISPUTES: Except where prohibited by law, entrants agree that:
(a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Dallas County, Texas, United States of America;
(b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, and in no event shall any entrant be entitled to obtain attorneys’ fees or other legal costs;
(c) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive, to the extent permitted by applicable law, all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and
(d) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and the Released Parties in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Kansas, without giving effect to any choice of law or conflict of law rules (whether of the State of Kansas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kansas.
- TRADEMARKS: Unless noted otherwise, all trademarks used herein are the property of KDWPT. The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or the Released Parties, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or KDWPT or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred.
- PUBLICITY; GENERAL: Each entrant grants KDWPT and its designees a perpetual, worldwide, royalty-free license to use, broadcast, publish and otherwise use the entrant’s name, company name, address of residence, address of company, statements regarding this Sweepstakes, image, photograph, video, voice and/or likeness for advertising, promotional and/or any other purpose in any and all media now or hereafter devised worldwide in perpetuity without additional compensation, notification or permission, unless prohibited by law. This Sweepstakes and all entries are subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.