OFFICIAL RULES - 2010 Monster Truck Dirt Bike Giveaway
Charlotte Motor Speedway
PROMOTION. NO PURCHASE NECESSARY. ONLY LEGAL RESIDENTS OF THE UNITED STATES, EXCEPT FOR RESIDENTS OF FLORIDA, NEW YORK and RHODE ISLAND, WHO ARE AT LEAST EIGHTEEN YEARS OF AGE ARE ELIGIBLE. The Monster Truck Dirt Bike Giveaway (the "Promotion") will run from July 28, 2010 at 12:00pm EST through to August 14, 2010 at 8:15pmEST (the "Entry Period"). The Promotion will result in two lucky fans, each winning a Kawasaki bicycle: one of the bikes is a model KLX110 (the "110") and the other is a model KLX140 (the "140"); the 110 and 140 may be referred to herein individually or collectively as "Prize". The approximate retail value ("ARV") of the 110 is $2,099 and the ARV of the 140 is $2,899.
How to Enter. Limit One Entry Per Person. Fans can enter for a chance to win this promotion by successfully completing the entrance form located at www.charlottemotorspeedway.com. Limit one (1) entry per person/e-mail address.
PUBLICITY; USE OF PERSONAL INFORMATION. By participating, where allowed by law, all participants and winner grant to Charlotte Motor Speedway, LLC, (referred to herein as "CMS"), Speedway Motorsports, Inc. and their affiliated and subsidiary companies exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests, sweepstakes, and giveaways and waive any claims to royalty, right, or remuneration for such use. By participating in the Promotion, unless prohibited by law, participants agree that Charlotte Motor Speedway, LLC, Speedway Motorsports, Inc. and their affiliated and subsidiary companies may use personal information, and e-mail addresses and other contact information, obtained from participants in the Promotion for marketing and other purposes. By participating in the Promotion, unless prohibited by law, participants agree that Charlotte Motor Speedway, LLC, Speedway Motorsports, Inc. and their affiliate and subsidiary companies may disclose personal information, and e-mail addresses and other contact information obtained from participants in the Promotion to third parties.
RELEASE. By participating in the Promotion, each participant and winner releases and waives any and all claims of liability against the CMS, Speedway Motorsports, Inc., including its affiliates, Hansen Natural Corporation, owner and manufacturer of Monster Energy Drink, Circle K, Inc., and each of their respective shareholders, partners, members, directors, managers, officers, employees and agents, for any personal or other injury or loss which may occur from the conduct of, or participation in, the Promotion, or from the use of the Prize or any part thereof.
DRAWING. There will be a random drawing to select the winner during the Monster Truck event to be held at The Dirt Track @ Charlotte Motor Speedway on August 14, 2010; the selection of a winner will take place between 8:30pm and 11:00pm EST; this date is subject to change in the sole discretion of Charlotte Motor Speedway, LLC. The drawing will be conducted by representatives of Hansen Natural Corporation under the supervision of Bridgetree, Inc., a professional marketing company that will serve as third-party supervisor to the Promotion and the selection of the winner. All decisions and selections made pursuant to the foregoing sentence are final and binding. The entrant selected will be notified by telephone and/or e-mail, in the discretion of CMS, that he or she has won the drawing; the initially selected entrant shall then have 24 hours to respond and accept the prize and at such time such entrant becomes the winner (the "Winner"); if after any 24 hour notice period, the selected entrant does not notify CMS of his or her acceptance, Hansen Natural Corporation may randomly draw another entrant and CMS will similarly notify and wait for acceptance from such individual; this process will continue until a Winner has been identified. Once submitted, entries become sole property of CMS and will not be returned. Odds of winning depend on the number of eligible entries received.
NO PURCHASE NECESSARY. No purchase is necessary to enter this Promotion.
OPEN ONLY TO LEGAL U.S. RESIDENTS 18 YEARS OR OLDER AT TIME OF ENTRY WHO ARE NOT RESIDENTS OF NEW YORK, RHODE ISLAND, OR FLORIDA.
END OF PROMOTION. The Entry Period ends at 11:59PM on Saturday, August 14, 2010, unless there is a delay in the Monster Truck event to be held that evening at The Dirt Track @ Charlotte Motor Speedway; eligible entries must be received prior to that time. The final Prize will be selected from the pool of eligible entries submitted prior to the close of the Entry Period.
PRIZES. There will be two Winners, each winning one a Kawasaki bicycle: one of the bikes is a model KLX110 (the "110") and the other is a model KLX140 (the "140").
ELIGIBILITY. The Promotion is open to legal U.S. residents eighteen years of age or older who are not residents of New York, Rhode Island and Florida. The persons in the following categories are not eligible to participate or win a prize in this promotion: employees of Charlotte Motor Speedway, LLC, Speedway Motorsports, Inc., Speedway Children's Charities, Hansen Natural Corporation and Circle K, Inc., including each of their respective affiliate companies, parent companies, subsidiaries, advertising and promotion agencies involved in the Promotion, suppliers (collectively "Promotion Entities") and the immediate families or persons who reside in the same household of the employees of the Promotion Entities. Promotion Entities are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Promotion Entities are not responsible for injury or damage to participants. Persons who tamper with or abuse any aspect of the Promotion or Website or attempt to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or representatives of Charlotte Motor Speedway or any other Promotion Entity or who are in violation of these Official Rules, as solely determined by Charlotte Motor Speedway, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Promotion is unlawful and subject to legal action by the Charlotte Motor Speedway. By participating, entrants agree to abide by these Official Rules and to the decisions of Charlotte Motor Speedway, LLC, which shall be final and binding in all matters relating to this Promotion.
CONDITIONS OF PARTICIPATION. No prize substitution, except that Charlotte Motor Speedway, at its sole discretion, reserves the right to substitute a prize of comparable or greater value if the offered prize is unavailable for any reason. The Prize, and any part thereof, may not be assigned or transferred. Entrants agree that Charlotte Motor Speedway, and all Promotion Entities, will have no liability or responsibility whatsoever for lost, late, misdirected, destroyed, delayed, damaged, incomplete, illegible, or postage-due entries/mail, or any injuries, losses, or damages of any kind resulting from acceptance, possession or use/misuse of the Prize or any part thereof. Winner will be solely responsible for all transportation costs, lodging and any other expenses that may be incurred in accepting the Prize; in addition, Winner is solely responsible for all applicable taxes. Void where prohibited or otherwise restricted by law. All federal, state and local laws and regulations apply.
INDEMNIFICATION. Winner agrees to fully indemnify, defend and hold Promotion Entities harmless from and against any claim, action, liability, damages, cost, expense or loss of any kind whatsoever (including, without limitation, death or injury to any person or property) resulting from: (i) any breach of these Official Rules by Winner, (ii) any negligent or willful act or omission on the part of Winner, or (iii) any injury resulting from use of one or both of the Prizes. The respective indemnities are conditioned upon prompt written notice of any claim and on the indemnitor's being given the opportunity to defend the claim with counsel of its choice.
WINNERS LISTS. For a copy of the winners list, send a self-addressed, stamped envelope before September 15, 2010 to: Sales Department, Attn: Monster Truck Dirt Bike Giveaway, 5555 Concord Parkway S. Concord, NC 28027.
MODIFICATION. CMS reserves the right to amend modify or change these rules in its sole discretion and such revisions will appear in an updated posting of these official rules. CMS may also, at its sole discretion, cancel, postpone, delay, suspend and/or terminate this Promotion in whole or in part in the event that the Promotion or the delivery of the Prize is not capable of running as planned or as intended by these Official Rules by reason of any causes that, in the sole discretion of the CMS, impair, corrupt or interrupt the administration, fairness, security or integrity or proper play of the Promotion, including without limitation, hurricane, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, war, terrorist threat or activity or insurrection. No illegible, incomplete, forged or altered entries or mechanically reproduced entries will be accepted. CMS and judges are not responsible for late, lost, stolen, damaged, garbled, incomplete, misaddressed, postage due, or misdirected entries or mail, for errors, omissions, interruptions, deletions, defects or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise. CMS disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with this Promotion. CMS reserves the right, at its sole discretion, to cancel, terminate or suspend this Promotion should any virus bug, unauthorized human intervention or other causes beyond CMS's control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. Each on-line entry will be deemed to have been submitted by the record holder of the e-mail account from which the entry originated. Participants understand that the information supplied through an entry or on CMS or SMI websites may be used for marketing purposes.
WARNING: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND LOWE'S MOTOR SPEEDWAY AND THE OTHER PROMOTION ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.