Huk Gear® VIP Race Day Experience Promotion Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

ODDS OF WINNING IN THE SWEEPSTAKES WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PUBLICITY RELEASE MAY BE REQUIRED. VOID WHERE PROHIBITED BY LAW.  ONLINE ENTRY AND INTERNET CONNECTION REQUIRED IF ENTRY IS VIA THE WEBSITE.   ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION WITH NO CLASS RELIEF. THIS PROMOTION MAY BE CANCELED OR POSTPONED BY SPONSOR, AT ANY TIME IN ITS SOLE DISCRETION, DUE TO THE ONGOING PANDEMIC (E.G., CORONAVIRUS/COVID-19).

BY ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT REQUIRES YOU TO INDEMNIFY AND RELEASE ALL CLAIMS AGAINST THE SWEEPSTAKES ENTITIES AND TO AGREE TO ARBITRATION WITH NO CLASS RELIEF AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING BUT NOT LIMITED TO: RCR RACE OPERATIONS, LLC AND ITS AFFILIATES. RCR IS NOT A SPONSOR OF THIS SWEEPSTAKES.

 

  1. SWEEPSTAKES DESCRIPTION:

 

The VIP Race Day Experience (the "Sweepstakes") takes place from 12:00 a.m. Eastern Standard Time on September 19 2023 through 5 p.m. Eastern Standard Time on September 29th, 2023 (the “Sweepstakes Period”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Huk Gear ("Sponsor") 

 

 2. ELIGIBILITY:

 

Sweepstakes is open only to legal United States residents who reside in the fifty (50) United States and Washington D.C., who are eighteen (18) years of age or older, who maintain an Account (as defined below) at the time of entry and the time a prize is awarded, or enter as set out below, without an Account.  Entry is limited to one (1) entry per person, regardless of the number of Accounts a person has. Employees, directors and officers of Sponsor, Richard Childress Racing ("RCR"), and each of their respective parents, subsidiaries and affiliated companies, and Sponsor's advertising and sweepstakes agencies and each of their respective officers and directors (collectively, with Sponsor, the "Sweepstakes Entities"), and each of their immediate family members and/or those living in the same household of each (whether legally related or not), are ineligible to participate in the Sweepstakes. For purposes of this Sweepstakes, "immediate family members" are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. RCR is not a Sponsor or administrator of this Sweepstakes and are in no way responsible or liable for the administration of this Sweepstakes. All trademarks used are the property of their respective owner(s) and are used for prize description purposes only.

 

  1. HOW TO ENTER:

 

There are two (2) ways to enter the Sweepstakes:

 

  1. a) Entry with an Account: During the Sweepstakes Registration Period, you must) go to https://www.hukgear.com/pages/huk-nascar-charlotte-2023 (the “Registration Website”) and complete a one-time Sweepstakes registration by September 29th, 2023 at 5:00 p.m. EST. Entry is limited to the primary holder of an Account (i.e., the person who controls the Account), as long as such person is otherwise eligible in accordance with these Official Rules. Offer is limited to one (1) entry per person, regardless of how many Accounts a person has or how many instances of Qualifying Activity.  
  1. b) Entry without an Account: To enter the Sweepstakes without Qualifying Activity to an Account, there is an alternate method of entry available (the “AMOE”). Click here: http://amoe.netspendgiveaway.com (the “Website”) and complete the registration form in its entirety with your full name, email address, complete mailing address (including city, state and zip code), and your date of birth.  Once the request form is completed, follow the instructions to print out the form and affix the bar code accompanying the AMOE entry to a post card with first class postage to: Huk Gear VIP Race Day Experience, 2265 Clements Ferry Road, Suite 401 Charleston South Carolina US 29492 .  Limit one (1) entry per mailing.  Offer is limited to one (1) entry per person, regardless of the number of AMOE mailings. All requests must be received by September 29th, 2023. Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail.

 

  1. LIMIT ON NUMBER OF ENTRIES AND DRAWING PERIODS:

 

Limit one (1) entry per person regardless of method of entry, instances of Qualifying Activity, or number of eligible Accounts.  Participants may not mail in multiple AMOEs or participate with multiple email addresses, nor may participants use any device or artifice to participate multiple times or as multiple participants.  Any participant who attempts to participate with multiple email addresses, under multiple identities or uses any other device or artifice to enter multiple times will be disqualified from participation in the Sweepstakes and will forfeit any prize that he/she may have won.  The Sweepstakes Entities shall not be responsible for incorrect or inaccurate entry information caused by any technical or human error which may occur in the processing of registrations in the Sweepstakes.  

 

  1. WINNER SELECTION AND NOTIFICATION:

 

On or about the week of October 2nd 2023, the potential Grand Prize winner will be randomly selected from all eligible entries received.  The potential prize winners will be notified by or email, using contact information provided or collected at the time of entry.  Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information.  Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential winner does not respond within seventy-two (48) hours of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.  Non-compliance with this time frame, or if prize or prize notification is returned as undeliverable, will result in the entrant being disqualified, after which the prize in question may go unawarded if it remains unclaimed.  If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.  Sponsor will have complete discretion over the interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of winners.  Decisions of the Sponsor as to the selection of the winners will be final.

 

  1. PRIZES /APPROXIMATE RETAIL VALUES AND METHOD OF AWARD/ODDS OF WINNING:

 

One (1) Prize is available. Prize consists of two (2) tickets to the race in Charlotte, North Carolina, October 8, 2023 VIP behind-the-scenes experience, and a $500 Huk E Gift Card which can be used at anytime and will not expire.

The delivery of all other prize components will be arranged with the winner, once confirmed.

In the event winner and/or their guest engages in behavior that is (as determined by Sponsor in its sole and absolute discretion) obnoxious or threatening, illegal or intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send winner and/or his or her guest home with no further compensation.    All other expenses and costs, not expressly listed above, including, but not limited to parking, meals, souvenirs, concessions, transportation, taxes, tips, entertainment, are winner’s sole responsibility. Other restrictions may apply. Save for liability for death or personal injury due to negligence, winners and their guests agree that they undertake the trip at their own risk.

 

The odds of winning the Grand Prize depends on the total number of eligible entries received throughout the Sweepstakes Entry Period.  

 

  1. PRIZE CONDITIONS:

 

There will be no substitutions or cash alternatives for any prize except at the sole discretion of Sponsor and/or Prize Provider. No sale, transfer or assignment of any prize is allowed.  The prize will be issued in the name of the winner and guest. Once awarded, prize may not be resold or commercially traded in any manner, directly or indirectly.  Prizes not claimed in accordance with these Official Rules will not be awarded. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.  The potential winner of the grand prize must sign and have notarized an Affidavit of Eligibility, Liability Release and (where legal) Publicity Release (collectively, “Prize Claim Documents”) within five (5) days of notification.  Non-compliance with the foregoing may result in disqualification and awarding of a prize to an alternate winner.  If any prize notification letter or prize is returned as undeliverable, winner may be disqualified.  

 

  1. PUBLICITY RELEASE:

 

Each winner, as a condition of receiving a prize, irrevocably grants the Sponsor and each of its designees, licensees, successors, assigns and sub-licensees the right and permission to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising, promotional and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, unless prohibited by law. 

 

  1. WAIVERS, DISCLAIMERS AND RELEASES:

 

Participants agree that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released, discharged and held harmless from, any and all claims, liability, costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, arising out of or related, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from a participant’s acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  Sponsor assumes no responsibility for any damage to a participant’s or any other person’s computer system or wireless phone which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Each participant further agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities.  Sponsor is not responsible for the actions of participants in connection with the Sweepstakes, including participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  Participants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  Participants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  The releases hereunder are intended to apply to all claims not known or suspected to exist.  The intent of the releases hereunder is to waive the effect of any laws which require an intent to release future unknown claims.

 

TAMPERING WITH SWEEPSTAKES:  The Sweepstakes Entities are not responsible for violations of the Official Rules that impact any individual’s privacy rights in connection with the Sweepstakes, including participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  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 or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike 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.  No illegible, incomplete, forged, or automated multiple entries will be accepted.  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.

 

SUSPENSION / MODIFICATION / TERMINATION:  In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes.  If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winners of any remaining prizes in a random drawing from all eligible, non-suspect registered participants as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each participant’s sole and exclusive remedy under such circumstances.

 

GENERAL:  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 of the Official Rules or the Prize Claim Documents is determined to be invalid or otherwise unenforceable or illegal, these 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.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion.  Participants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event that there is a discrepancy between statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

 

  1. GOVERNING LAW/JURISDICTION:

 

All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of participants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the state of South Carolina without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.

 

BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS AGREE 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, 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) NOT TO EXCEED TEN DOLLARS ($10.00), 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 NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANTS’ 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 YOU.  

  1. DISPUTE RESOLUTION, WITH NO CLASS RELIEF: 

 

THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION, ON AN INDIVIDUAL BASIS, WITH NO CLASS RELIEF; PROVIDED, HOWEVER, THAT THE SPONSOR SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS IN TRAVIS COUNTY, TEXAS, AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES.   IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED.  THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION.  THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES SHALL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES PROCEDURES OF JAMS INC. (“JAMS”) OR ANY SUCCESSOR TO JAMS.  IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A “DEMAND FOR ARBITRATION”, THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR ANY OTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE.  IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN AUSTIN, TEXAS; PROVIDED, HOWEVER, IF AUSTIN, TEXAS IS NOT CONVENIENT FOR THE HEARING, THE PARTIES MAY MUTUALLY AGREE ON AN ALTERNATIVE LOCATION.  THE FEDERAL OR STATE LAW THAT APPLIES TO THESE OFFICIAL RULES WILL ALSO APPLY DURING THE ARBITRATION.  DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOESN’T APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN TRAVIS COUNTY, TEXAS.  SPONSOR AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR’S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF PARTICIPANT TO ATTEND THE ARBITRATION HEARING).  EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT.

 

  1. PRIVACY POLICY:

 

Any personal information supplied by you to Sponsor will be subject to Sponsor’s privacy policy posted at https://www.hukgear.com/pages/privacy-policy. By entering the Sweepstakes, you grant Sponsor permission to share your name, address, email address, phone number, and any other personally identifiable information with the other Sweepstakes Entities required for the purpose of Sweepstakes administration and prize/award fulfillment.

 

  1. WINNER’S LIST:

 

A winner’s list may be obtained by sending a legal-size, self-addressed, stamped envelope to: VIP Race Day Experience Winners List Request, 2265 Clements Ferry Road, Suite 401 Charleston South Carolina US 29492.  All such requests must be received by November 1, 2023.  For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: VIP Race Day Experience Official Rules Request, 2265 Clements Ferry Road, Suite 401 Charleston South Carolina US 29492.

 

  1. SPONSOR: This Sweepstakes is sponsored by Huk Gear®, located at 2265 Clements Ferry Road, Suite 401 Charleston South Carolina US 29492. RCR Race Operations, LLC and its affiliates are not a sponsor of this sweepstakes.

 2. ADMINISTRATOR: 2265 Clements Ferry Road, Suite 401 Charleston South Carolina US 29492.

 

 

The stylized No. 3 is a trademark and the RCR checkered flag logo is a registered trademark of RCR Enterprises, LLC. Austin Dillon's name, likeness and signature are used under license from AUSTIN DILLON GROUP LLC.  All trademarks, personal likenesses and the likeness of the No. 3 race car are used under license from their owners.

 

© 2023 Huk Gear. All rights reserved worldwide.All other trademarks and service marks belong to their owners.