“NASCAR Heat 2 Xbox S Giveaway 5/15/2017”
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Third-Party Disclaimer: This sweepstakes is sponsored by 704Games. NASCAR, Toyota, Joe Gibbs Racing, Furniture Row Racing, Microsoft, and any other party are not a sponsor of this sweepstakes.
2. Promotion Description: NASCAR Heat 2 Xbox One S Giveaway 5/15/2017 (the “Sweepstakes”) begins at 9:00AM Eastern Standard Time on May 15, 2017 and ends at 11:59AM Eastern Standard Time on May 19, 2017 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official device of timekeeping for the Sweepstakes.
The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years of age or the applicable age as required by the state in which the entrant has residence. Employees, independent contractors, interns, officers, directors, and agents of Sponsor, other companies associated with the Sweepstakes, as well as the immediate family members (spouse, parents, siblings, and children, and their respective spouses) and household members of any of the foregoing are not eligible to enter.
By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. Sponsor: The Sweepstakes is sponsored by 704Games, 550 South Caldwell Street, 17th Floor, Charlotte, NC 28202.
4. How to Enter: To enter, each participant must vote in the NASCAR Heat Toyota Cover Race and enter their email address. There is a limit of one (1) entry per person/e-mail address. Entries will not be acknowledged. Any entrant who attempts to participate with multiple email and/or street addresses, under multiple identities, or uses any device or artifice to enter the Sweepstakes in violation of these Official Rules may be disqualified by Sponsor in its sole discretion. Entries made by any other individual other than the person named in the entry, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
5. Drawing: After the Entry Period, Sponsor will select one (1) potential winner in a random drawing of all entries received. The odds of winning the Prize depend upon the number of eligible entries received during the Entry Period.
6. Notification and Requirements of Potential Winners: Sponsor will attempt to notify potential winner within seventy-two (72) hours of the drawing. If a potential winner does not respond within one (3) business days after the notice is sent, the Sponsor will select an alternate potential winner in his/her place at random from all remaining entries received. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received.
7. Prize: One (1) grand prize winner will receive one (1) custom wrapped Xbox One S and one (1) copy of NASCAR Heat 2 for Xbox One. The entire value of the Prize Pack is $1,249.99 USD. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by Sponsor in its sole discretion. Prize shall be delivered to winner within 120 to 150 days of the end of the Entry Period. Sponsor is not responsible for lost or damaged items during delivery. Any prize details not specified above will be determined by Sponsor in its sole discretion.
8. General Conditions: This Sweepstakes is governed by the laws of the United States. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of the Official Rules, or to be acting in an abusive or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entries generated by a script, macro, or other automated means will be disqualified. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the
designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
9. Release and Limitations of Liability: Entrants agree to release, indemnify and hold harmless Sponsor and its subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") from any and all liability for any: (a) act, failure to act, delay, or error relating to the transmitting or processing of Entries; (b) lost, stolen, delayed, damaged or misdirected Entries or for any failure of the website during the Sweepstakes Period, for any problems or technical malfunction of any telephone network or lines, computer systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website/application, or any combination thereof including any injury or damage to an entrant's or any other person's computer related to or resulting from playing the Sweepstakes; (c) any incorrect or inaccurate information, whether caused by the entrant, printing errors or by any of the equipment, hardware, software or programming associated or used with the Sweepstakes; (d) any conditions caused by events that may cause the Sweepstakes to be disrupted or corrupted; (e) any losses or damages of any kind resulting directly or indirectly from acceptance, use, or misuse of the Prize awarded to entrant in the Sweepstakes or from entrant's participation in the Sweepstakes; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of Prize.
11. Governing Law: To the fullest extent permitted by law, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, exclusively in the U.S. state or federal courts in or having appropriate venue for the County of Mecklenburg, the State of North Carolina and entrant consents to the personal and exclusive jurisdiction of said courts and expressly waives any right of change of venue, forum non conveniens or any like right; (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 but in no event attorney’s fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased. In any such dispute/claim/cause of action, the court shall apply the laws of the State of North Carolina with the sole exception of North Carolina law governing choice of law/conflict of laws.
12. Results: To request a winners list, send a self-addressed, stamped envelope to 704Games, ATTN: NASCAR Heat 2 Xbox One S Giveaway 5/15/2017, 550 South Caldwell Street, 17th Floor, Charlotte, NC 28202. Requests must be received within four (4) weeks of the end of the Entry Period.