Toco All-Stars VIP Racing Experience Promotion
NO PURCHASE REQUIRED TO ENTER OR WIN
THE ODDS OF BEING SELECTED DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE ENTRY PERIOD
1. Eligibility & Prize: The “Toco All-Stars VIP Racing Experience” promotion (the “Promotion”) is open only to persons who are legal residents of the continental United States and eighteen (18) years of age or older at the time of entry. Employees of Sponsor (defined below), Stewart-Haas Racing, LLC and their respective affiliates and subsidiaries, and such employees’ immediate family (spouse, parents, siblings, and children) and household members are ineligible. The Promotion is subject to federal, state, and local laws and regulations and is void where prohibited by law. One (1) eligible entrant will be awarded title to the following prize (collectively, the “Prize”):
All travelers must travel on same itinerary. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. If trip destination is less than 250 miles from the winner's residence, winner will be provided $200 for driving expenses in lieu of air transportation. Sponsor is not responsible if any scheduled event is delayed, postponed or cancelled for any reason and winner will not be reimbursed for tickets. Tickets may be subject to issuer’s standard rain-check policies and procedures. All expenses, travel, and other costs not expressly stated in the package description above are the sole responsibility of winner.
2. Sponsor & Acceptance of Rules: The Promotion is sponsored by Toco Warranty Corp., 8501 Fallbrook Avenue, Ste. 225, West Hills, California (the “Sponsor”). Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning the Prize is contingent upon fulfilling all requirements set forth herein. Except where prohibited by law, participation in the Promotion constitutes the entrant’s consent to Sponsor’s use of entrant’s name, likeness, biographical information, endorsement and state of residence for promotional purposes in any media without further payment or consideration. Participation in the Promotion constitutes each entrant’s express written consent to Sponsor and its affiliates contacting entrant in any medium via any contact information provided by entrant, including without limitation wireless phone. The winner’s name will be posted on Sponsor’s website for at least 30 days after the Prize winners are announced.
3. Entry: The Promotion entry period begins at 11:00:00 a.m. eastern time on May 15, 2019, and ends at 11:59:00 p.m. eastern time on September 16, 2019 (the “Entry Period”). Entries submitted prior to or after the Entry Period are disqualified. You may enter the Promotion during the Entry Period, as follows: (a) by submitting a complete entry form (as determined by the Sponsor) at www.woobox.com/mxyvet or www.tocowarranty.com or www.toco14.com, with Entrants receiving one (1) entry for the valid completion of the submission form; (b) by sharing this Promotion on the following social media platforms: [Facebook, Twitter, Instagram, Email ] with the unique URL provided to Entrant upon initial submission, Entrant will earn three (3) entries for each individual who enters the sweepstakes using the aforementioned unique URL; or (c) by purchasing vehicle repair coverage from Sponsor via Sponsor’s website at www.toco14.com or www.tocowaranty.com, with Entrants receiving twenty-five (25) entries for each such qualifying purchase of vehicle repair coverage. To enter without completing a submission form, please write your name, address, telephone number and email address on a 3x5 inch card and mail it care to: 6001 Haas Way, Kannapolis, NC 28081, care of Mandy Paysor. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Sponsor’s computer is the official time-keeping device for this Sweepstakes.
4. Drawing: On or about September 17, 2019, Sponsor will select the name of one (1) potential Prize winner in a random drawing of all eligible and proper entries received during the Entry Period. The odds of being selected depend on the number of eligible entries received during the Entry Period. The odds of an entrant winning will vary, depending on the number of eligible entries received. You need not be present to win. Sponsor will attempt to notify the potential winners by any means reasonably available. The Prize will be awarded only on verification by Sponsor that all Promotion requirements have been met by the winners and upon such winners signing such acknowledgement as Sponsor may require. If a winner does not claim such winner’s Prize, then such winner may be deemed to have waived all rights to the Prize and an alternate entrant will be selected in the same manner in his/her place in a random drawing of all entries received.
5. Winner Requirements: Except where prohibited by law, the potential winners will be required to (i) execute and deliver an bill of sale, release and affidavit of eligibility and liability/publicity release/global release, and (ii) sign any documentation required by the tracks holding the races or NASCAR® (collectively, the “Requirements”). If a potential winner fails to satisfy the Requirements, an alternate entrant will be selected in his/her place by selecting by random drawing.
6. Prize: There will only be one (1) Prize winner. No Prize substitutions are allowed except at the Sponsor’s sole discretion. The Prize is not transferable or refundable and must be accepted as awarded. The estimated Value of the Prize is $4,900. This is a taxable event and all federal, state, and local taxes and expenses related to the receipt of the Prize are the responsibilities of the winner. A Department of the Treasury Internal Revenue Service Form W-9 (and any other forms required or advisable under applicable law) must be completed by the winner and the winner will be provided with a Form 1099 in 2019. The Prize winner is responsible for all other expenses to use the Prize.
7. Conditions & Disqualification: If the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend or terminate the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the Prize at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner or impairs the administration, security, fairness or proper entry into the Promotion. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. RELEASE & LIABILITY LIMITATION; NO WARRANTY: By participating in the Promotion, entrants agree to release and indemnify, defend and hold harmless the Sponsor, Stewart-Haas Racing, LLC and their related companies, and their respective officers, members, managers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of the Prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Promotion or the processing of entries; or (f) injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use of the Prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. ENTRANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES. ENTRANT DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE WHATSOEVER WITH RESPECT TO THE PROMOTION (OR RELATED ACTIVITIES), WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, PARTICULARLY INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS ANY WARRANTY THAT THE PROMOTION AND/OR ACCESS TO THE SPONSOR’S WEBSITE AND/OR THE WEBSITES OF THE RELEASED PARTIES ARE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS.
9. Disputes: Except where prohibited, entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Promotion or the Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by an appropriate state court located in the Mecklenburg County, North Carolina. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.