TEAM PENSKE BASIC SOCIAL MEDIA CONTEST RULES
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The following rules apply to all basic social media-based contests conducted through the Team Penske official social channels. These contests include those with a method of entry that require a post, a tweet, a retweet, a like, a comment or a share in order to be eligible to win the specific prize. The prizes in these contests will typically be valued at under $200. Rules for any specific contest or sweepstakes conducted by Team Penske (“Sponsor” and “Administrator”) or one of its sponsors or partners and posted online at www.TeamPenske.com, outside of the basic social media-based contests detailed above, shall supersede the basic rules outlined below.
1. ELIGIBILITY: The Team Penske social contests are open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees, contractors, directors, the employees, directors, and officers of Penske Corporation, any Team Penske sponsors or partners, their dealers, their respective divisions and subsidiaries and affiliated companies, participating retailers, advertising, fulfillment, and promotion agencies, their respective shareholders, agents, members, successors and assigns and their respective immediate family members and those living in their same households are not eligible. The contests are subject to all applicable federal, state, and local laws and regulations.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by the contest Administrator.
2. HOW TO ENTER EACH ONLINE CONTEST: During the specific contest period as stated online in Team Penske social media posting, an eligible entrant (“Entrant”) may enter the contest through several methods of Internet entry. Participants may enter online without making a purchase. Participants may be asked to enter via social media post, tweet, retweet, like, comment or share through any of the Team Penske social media channels. Participants may also be asked to answer a question or express an opinion about a subject. Multiple entries into the contest will be allowed unless otherwise stated by the Administrator. Neither the Administrator, nor Team Penske sponsors or partners, nor their divisions or affiliates, nor parent company and subsidiaries (if applicable) are responsible for late, lost, illegible, incomplete, mutilated, misdirected, duplicate, or stolen entries, which will be disqualified. All entries become the exclusive property of the Administrator and none will be acknowledged or returned.
3. RANDOM DRAWING: Within the specific time period outlined through Team Penske social media posting and promotion of each contest, the Administrator will randomly select the potential winner(s) from among all eligible entries received during the entry period. Each winner is considered a potential winner pending verification of eligibility and compliance with the contest rules.
4. PRIZES AND ODDS OF WINNING:
A. General Prize Conditions/Restrictions: If any element of a prize described for each contest is delayed, postponed or canceled for any reason whatsoever, the winner will not be reimbursed. The winner will not receive compensation from Team Penske for the winner’s inability to use or receive the prize due to cancellation, delay or postponement of any delivery of the prize or a portion of the prize. All details of the prize will be determined by the Administrator in its sole discretion. The prize is awarded pursuant to a revocable nontransferable license that is personal to the winner and may not be sold, resold, auctioned, bartered, assigned, exchanged, rented, leased, placed in commerce, transferred, given away, donated, or otherwise conveyed. A violation of these restrictions shall revoke the winner’s license, and may result in the prize not being awarded. Sponsor reserves the right to remove or to deny entry to the winner if such winner violates the previous restrictions or engages in a disruptive manner, or with intent to abuse, threaten or harass any other person participating in the award of the prize.
B. Odds of Winning: The odds of winning a prize depend on the total number of eligible entries received during each entry period.
C. Prize Limit: Only the stated specific number of prizes will be awarded.
5. HOW TO CLAIM A PRIZE: After the random drawing, the potential winner will be notified by the Administrator via social media post or direct message. If no response to the Notification is received within 24 hours, or if a potential winner does not comply with these Official Rules, the prize may, in the Administrator’s sole and absolute discretion, be forfeited. In the event a prize is forfeited or not awarded for any reason, the Administrator may award the prize in a random drawing from all eligible entries received, at its sole discretion. If after a good-faith attempt, the Administrator is unable to award or deliver a prize, the prize may not be re-awarded.
Once a winner is verified, the winner will have the specific prize shipped to their mailing address, unless otherwise stated, and any additional costs, taxes or any other expenses relating to the prize are the sole responsibility of the prize winner.
No prize substitution or exchange will be allowed, except by Administrator, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Administrator’s sole and absolute discretion. The Administrator and its partners shall not be held responsible for any delays in awarding a prize for any reason. Each prize will only be awarded to a verified winner.
6. LIMITATION OF LIABILITY: By participating in an individual social media contest, entrants agree that the contest entities such as, but not limited to, Sponsor, Administrator or Penske Corporation, and each of their respective parent companies (if applicable), affiliates, subsidiaries, divisions, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, and Web masters (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any users, tampering, hacking or by any of the equipment or programming associated with or utilized in the contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any contest-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a prize. The Released Parties shall not be responsible or liable for entries or entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Administrator’s sole and absolute discretion, be disqualified.
If, for any reason, the contest is not capable of running as planned, the Administrator reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the contest and/or proceed with the contest, including the selection of a winner in a manner it deems fair and reasonable including the selection of a winner among eligible entries received prior to such cancellation, termination, modification or suspension. All contests are subject to all federal, state, and local laws and regulations.
By entering a contest, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the contest; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the contest, including, but not limited to, any contest-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the contest, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any contest materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the contest, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant, (j) interruption or inability to access the contest or any other contest-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) device, equipment used to access the contest and/or its contents related to or resulting from any part of the contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by Entrant.
Without limiting the foregoing, everything regarding the contest, including the prize components, are provided “as is” without warranty of any kind other than, if applicable, the express terms of the manufacturer’s or supplier’s warranty, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
7. DISPUTES: ALL CONTESTS ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF OAKLAND, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR CONTEST ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
8. PRIVACY POLICY: Any personally identifiable information collected during an Entrant's participation in the contest will be collected by the Administrator, their parent companies (if applicable), subsidiaries, divisions, affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the contest as described in these Official Rules or for other lawful purposes, and, in accordance with the Administrator’s privacy policy at www.TeamPenske.com.
9. PUBLICITY RIGHTS: By participating in any social media contest and/or accepting a prize, each Entrant agrees to allow Administrator or the Administrator’s designee the perpetual right to use his/her name, biographical information, photos and/or likeness, voice recording, video images and all related footage, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on television, radio, the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
10. GENERAL: Any attempted form of participation in this contest other than as described herein is void. If it is discovered or suspected, in Administrator’s sole and absolute discretion, that an Entrant has registered or attempted to register using fraudulent identities, proxy servers or like methods, all of that Entrant’s entries will be declared null and void, and that Entrant will be ineligible to win the prize. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the social media account associated with such entry. Each Entrant may be required to show proof of being an authorized account holder. The Administrator reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR SOCIAL MEDIA PLATFORM OR TO UNDERMINE THE LEGITIMATE OPERATION OF A CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. The Administrator’s interpretation of these Official Rules is final and binding in all matters related to all contests.
Sponsor and Administrator: Penske Racing, Inc., 200 Penske Way, Mooresville, NC 28115, USA.
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