NO PURCHASE OR PAYMENT OF ANY KIND OR LOAN APPLICATION IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND OR LOAN APPLICATION WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
INTERNET CONNECTION REQUIRED TO ENTER. “PRIVATE” INSTAGRAM ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, LLC (“INSTAGRAM”) OR FACEBOOK, INC. (“FACEBOOK”).
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
WINNERS OF CERTAIN PRIZES IN THIS SWEEPSTAKES WILL BE REQUIRED TO TRAVEL SEPTEMBER 28, 2018 – OCTOBER 3, 2018. SEE “PRIZES AND DETAILS” SECTION BELOW FOR MORE DETAILS ON TRAVEL.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. ELIGIBILITY: OneMain 2018 Speedway Sweepstakes (the "Sweepstakes" ) is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia and who are twenty-one (21) years of age or older at time of entry. Void where prohibited by law. Officers, directors, employees and shareholders of OneMain Financial Group, LLC ( "Sponsor" ), Marden-Kane Digital Promotions (the "Administrator" , JR Motorsports, LLC, and Drivers Choice Marketing "Drivers Choice" ) and each of their respective parents, subsidiaries, affiliates, retailers, advertising and promotion agencies and prize suppliers (collectively, the "Sweepstakes Entities" ), and each of such officers,’ directors,’ employees,’ and shareholders’ immediate family members and/or those living in the same household (whether legally related or not) of each, are ineligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year. Limit one (1) prize awarded per person.
2. ENTRY PERIOD: The Sweepstakes entry period begins at 12:00:00 a.m. Eastern Time ( "ET" ) on July 17, 2018, and all entries must be received on or before 11:59:59 p.m. ET on August 24, 2018 ( "Entry Period" ).
3. HOW TO ENTER: Eligible individuals can enter the Sweepstakes anytime during the Entry Period by any or all of the following methods:
Facebook Like and Comment Method of Entry To participate and enter this Sweepstakes via the Facebook Like and Comment method of entry, individuals will need a Facebook account ( "Facebook Account" ). If you don’t already have a Facebook Account, visit www.facebook.com to create a Facebook Account; creating a Facebook Account is free. By submitting your information and creating a Facebook Account, you will be required to agree to Facebook’s Terms of Service and Data Policy. If you do not agree to Facebook’s terms and data policy, you cannot create a Facebook Account or participate in this Sweepstakes via the Facebook Like and Comment method of entry.
To enter via the Facebook Like and Comment method of entry, during the Entry Period, eligible individuals must log into their Facebook Account and visit the OneMain Financial Facebook page at www.facebook.com/OneMain ( the "Page" ) and must like and post a comment ( "comment" ) on any or all of the four (4) specially marked sweepstakes posts appearing on the Page, which will contain the hashtags #SpeedwaySweepstakes and #EnterNow. The “Facebook Posts” will be posted on the Page July 17, July 31, August 7 and August 14, 2018. Each will be available after posting throughout the Entry Period.
Comments must contain the hashtag #SpeedwaySweepstakes. Sponsor reserves the right to remove any Comment which is not related to the Sweepstakes or does not comply with the entry requirements or violates the Content Guidelines. Entrants may post more than one (1) Comment to any of the Facebook Posts; however, only one (1) entry per person will be awarded for a Comment posted on each of the Facebook Posts. Any comments on, or associated with, any other posts promoting this Sweepstakes will not earn entries into the Sweepstakes.
The individual that likes the post and posts the Comment on Facebook will be considered the entrant for purposes of this entry method. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Comments not received by Sponsor will not be entered into the Sweepstakes. For purposes of this Sweepstakes, entrant’s liking and posting of a Comment to a post will be deemed acceptance of these Official Rules. To qualify as an eligible entry, the entrant’s Comment must comply with the requirements set forth in these Official Rules, including, without limitation, the Content Guidelines set forth below. Limit: Four (4) entries per person via Facebook Like and Comment method of entry.
To enter via the Instagram Like and Comment method of entry, during the Entry Period, eligible individuals must log into their Instagram Account visit Sponsor’s Instagram account @OneMain. They must like and post a Comment on any or all of the four (4) specially marked sweepstakes posts, which will contain the hashtags #SpeedwaySweepstakes and #EnterNow. The "Instagram Posts" will be posted by @OneMain on July 17, July 31, August 7 and August 14, 2018. Each will be available after posting throughout the Entry Period.
Comments must contain the hashtag #SpeedwaySweepstakes. Sponsor reserves the right to remove any Comment which is not related to the Sweepstakes or does not comply with the entry requirements or violates the Content Guidelines. Entrants may post more than one (1) Comment to any of the Instagram Posts; however, only one (1) entry per person will be awarded for a Comment posted on each of the Instagram Posts. Any comments on, or associated with, any other posts promoting this Sweepstakes will not earn entries into the Sweepstakes.The individual that posts the Comment on Instagram will be considered the entrant for purposes of this Sweepstakes. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. NOTE: Sponsor may not receive entries from Instagram users with “private” account settings (i.e., user has set their Instagram Account so that only people the user has approved can view their account) due to the way Instagram operates its service. Comments not received by Sponsor will not be entered into the Sweepstakes. For purposes of this Sweepstakes, entrant’s liking and posting of a Comment on a post will be deemed acceptance of these Official Rules. To qualify as an eligible entry, the entrant’s Comment must comply with the requirements set forth in these Official Rules, including, without limitation, the Content Guidelines set forth below. Limit: Four (4) entries per person via Instagram Like and Comment method of entry.
Website Method of Entry During the Entry Period, eligible individuals must visit the entry page either by: 1) visiting www.omf.com/SpeedwaySweeps ( "Entry Page" ) ; or 2) visiting www.OneMainRacing.com/games-and-giveaways and clicking on the “Enter” button for the OneMain 2018 Speedway Sweepstakes to reach the Entry Page. On the Entry Page, entrants must follow the entry instructions. Each entrant will be asked to submit an official entry form, which may include, among other things, his/her full name, address (no P.O. Boxes), email address, an acknowledgement of agreement to be bound by the Official Rules, and related registration information as prompted. Entrant must complete and submit the entry form with all required information for the entry to be eligible. Limit: One (1) entry per person via Website method of entry.Note: For this Sweepstakes, there is a total limit of nine (9) entries per person throughout the Entry Period.
4. GENERAL ENTRY PROVISIONS: Entry attempts made by the same individual to submit multiple entries by using multiple or false contact information or using multiple accounts or otherwise may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes, at Sponsor’s sole and absolute discretion. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Sweepstakes Entities are not responsible for any changes or unavailability of the Instagram or Facebook services that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use such services for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Instagram or Facebook, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
In the event of a dispute over the identity of an entrant, the entry will be declared to have been made by the registered account holder of the email address associated with the Instagram Account or Facebook Account for the potentially winning entrant, but only if that person meets all other eligibility criteria. A registered “account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be required to provide Sponsor with proof that he/she is the registered account holder for the email address associated with the account for the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Any damage made to any website, the Instagram service or the Facebook service will be the responsibility of the registered account holder of the email address for the account submitted at the time of entry. For purposes of this Sweepstakes, an Instagram entry is “received” when the Instagram servers record the Comment posting, and a Facebook entry is “received” when the Facebook servers record the Comment posting. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. The database clock of Instagram or Facebook, as applicable, will be the official timekeeper for this Sweepstakes. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
Submissions to the Sweepstakes via a Comment on Instagram and/or Facebook ( "Submissions" ) taht do not meet the following "Content Guidelines" are subject to disqualification, at Sponsor’s sole and absolute discretion:
5. INTELLECTUAL PROPERTY: Entrants, upon entry in the Sweepstakes by a Comment on Facebook or Instagram, hereby irrevocably grant to the Sweepstakes Entities, and each of their licensees, successors and assigns, a non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions submitted as part of the Sweepstakes, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants except for the awarding of the prizes in this Sweepstakes. The Sweepstakes Entities, and each of their successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all of their rights hereunder and to grant unlimited, multiple- level sublicenses. Without limiting the forgoing, the Sweepstakes Entities will have the right to use the Submissions submitted as part of the Sweepstakes, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Submissions submitted as part of the Sweepstakes. Entrants acknowledge that as a condition of participating in the Sweepstakes and/or being selected as a winner, the Sweepstakes Entities may request that the entrant’s Submission, and any rights therein, be assigned to them and entrants may be required to confirm such assignment by completing and submitting the Affidavit (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prizes. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that the Sweepstakes Entities shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Entrants agree that the neither Sweepstakes Entities, nor its agents, shall be responsible for return or preservation of the Submissions submitted. All Submissions that are submitted in connection with this Sweepstakes may be reposted/retweeted by Sponsor and made available to be viewed by anyone with access to the Internet.Each entrant acknowledges that other entrants may have created ideas and concepts contained in their Submission that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Sweepstakes Entities because of these familiarities or similarities. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for any Sweepstakes Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Each entrant, by participating in the Sweepstakes, except where legally prohibited, grants permission for the Sweepstakes Entities and each of their designees to use his/her name, social media site username, photograph, and/or other likeness in connection with the distribution of his/her Submission for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Sweepstakes.
6. REPRESENTATIONS, WARRANTY & INDEMNITY: Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their Submission and all materials and matter therein: (a) (except for elements that are within the public domain) are wholly original with such entrant and are not a copy or imitation of any other material; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her Submission or any images, text and materials depicted therein to any other third party. Further, each entrant represents and warrants that the Sweepstakes Entities’ use of any Submission or any images, text and materials depicted therein shall not violate an agreement to which such entrant is a party. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third party claim, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Sweepstakes activities.
7. PRIZES AND DETAILS: The prizes to be awarded in the Sweepstakes are as follows:
One (1) Grand Prize. The Grand Prize consists of:
Total ARV of Grand Prize is $7,600.00
Two (2) First Prizes. Each First Prize consists of:
Total ARV of Grand Prize is $5,400.00
Five (5) Second Place Prizes. Each First Second Place Prize consists of:
Total ARV of Second Prize is $105.
The total ARV of all the prizes awarded in this Sweepstakes is $18,925. Actual retail value of trip prizes may vary depending on point of trip departure, travel dates and fare/rate fluctuations. The winners will not receive cash or any other form of compensation if actual travel costs are less than any allocated or estimated amount set forth in these Official Rules. Any expenses which exceed the amounts allocated for each trip element of the prizes, as set forth above, are solely the trip prize winner’s responsibility. All expenses not specifically mentioned herein, are not included as part of the prize packages, and are solely the winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at the winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. The Sweepstakes Entities are not responsible for and winner will not receive the difference, if any, between the actual value of any prize element at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.
All prizes are non-transferable, with no cash redemptions, equivalents or substitutions, except as expressly set forth herein and/or at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change without advance notice and subject to prize provider’s rules and restrictions. Prizes, if legitimately claimed, will be awarded. No more than the stated prizes will be awarded. The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach its winner because of an incorrect or changed address.
Drivers Choice shall make all travel arrangements, accommodation and hospitality details on the winners’ behalf and winners will be required to sign all paperwork delivered by Drivers Choice (if any). Each prize winner and his or her guest must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. It is the responsibility of each trip prize winner and his or her guest to provide proper documentation (including government issued picture identification). Each prize winner and guest are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole and absolute discretion. The round-trip air transportation element for the prizes begins and ends at the point of departure. The prizes are subject to airline seat and hotel availability, as well as Sponsor’s terms and conditions generally applicable thereto. If in the judgment of Sponsor air travel is not required due to a winner’s proximity to trip prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the trip prize winner. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the prize winners. Each trip prize winner may be required to provide a credit card at the time of hotel check-in.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any trip prize-related services or accommodations. Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Additional prize award details and travel information to be provided to the prize winners at the time of trip prize notification.
Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) received, regardless of whether the prize(s), in whole or in part, are used. Winners will be responsible for remitting payment of taxes to taxing authorities, and Sponsor has no responsibility therefor. The ARV of the prizes awarded may be reported for tax purposes as required by law. An IRS Form 1099 may be issued in the name of each winner for the value of the prizes received. The winners may be required to provide Sponsor with a valid Social Security number or tax identification number for tax reporting purposes before the prizes will be awarded.
Each guest must execute liability/publicity releases prior to issuance of travel documents. Once a guest is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Sponsor reserves the right to conduct background checks on the potential winners and the potential winners’ guests, as a condition to receipt of prizes. Winners and winners’ selected guests must first submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to remain eligible to receive the prize. Sponsor reserves the right, in its sole discretion, to disqualify any winner and/or winner’s guest if such background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (which may be determined in Sponsor’s sole and absolute discretion). In the event a potential or actual prize winner or their guest engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person or to damage or destroy any property, Sponsor reserves the right to refuse to award the prize to such potential winner and/or guest and further reserves the right to refuse to allow any such actual winner and/or guest to participate in, or to discontinue participation in, any experiential aspect of a prize.
If a winner or a guest becomes disabled or cannot otherwise fully enjoy their prize due to illness, Sponsor shall have the option of: (a) being relieved of liability for fulfillment of the prize; or (b) at Sponsor’s sole and absolute discretion, extending the period during which the prize may be awarded for a period equal to the duration of the winner’s disability or illness, in which case certain prize components may not be available. The winner must prove such disability by a doctor’s certificate, which certificate shall be endorsed by another physician agreeable to Administrator and winner at Sponsor’s expense.
In the event that Sponsor is unable to provide any winner with his or her prize, or any element of a prize, Sponsor may elect to instead provide to any such winner the approximate value of such item in cash or award an alternate prize of comparable or greater value. If, for whatever reason, any event associated with a prize is cancelled after the prize is awarded, due to weather or any other cause, Sponsor’s liability for the prize is limited only to the non-event portions of the prize. No compensation will be paid in lieu of the cancelled event. Specifically, and not by way of limitation, if the performance or execution of the ride along with Dale Earnhardt Jr. portion of the Grand Prize is prevented, restricted or interfered with for any reason, including medical reasons, acts of God, inclement weather, accident, or by any other reason or any cause, then Sponsor in its sole discretion and election may either (1) utilize a substitute driver for the ride along on the originally-scheduled date, or (2) reschedule the ride along, in which event Sponsor will not be responsible for any additional costs (including travel costs) incurred by a winning ride along participant due to such rescheduling.
The appearances of Dale Earnhardt Jr. and Elliott Sadler in connection with prizes are subject to their availability and are subject to cancellation. If either or both of such individuals are unable to attend the event associated with the prize, Sponsor will make commercially reasonable efforts to replace such person(s) with another celebrity guest. No compensation will be paid in lieu of a cancelled appearance as this portion of the prize has no cash value.
The tickets to any event are subject in all respect to the terms and conditions set forth on the tickets and any requirements of the facility hosting the event. Seat locations (if applicable) will be determined by Sponsor. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the tickets unless Sponsor consents in writing.
8. WINNER SELECTION AND ODDS: There will be eight (8) winners in this Sweepstakes. On or about August 27, 2018, a random drawing for the prizes will be conducted from among all eligible entries received throughout the Entry Period. Odds of winning depend on the total number of eligible entries submitted via the various methods of entry throughout the Entry Period. The entries submitted via the Facebook and Instagram Like and Comment methods of entry that will be included in the drawing will be determined by searching the Facebook and Instagram platforms for individuals who posted a Submission that complies with the terms and provisions of these Official Rules. The drawing shall be conducted under the direction of Administrator and Sponsor, whose decisions are final and binding in all matters relating to this Sweepstakes. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Sponsor as to the selection of the winners will be final.
9. WINNER NOTIFICATION AND PRIZE CLAIMING: Potential prize winners will be notified by Administrator in a commercially reasonable time after the drawing, using the information provided during entry by any of email, telephone, mail, a post on the potentially winning entry or through a direct message on a social media platform (if applicable), which method shall be selected by Sponsor in its sole discretion. Notification is deemed to have occurred immediately upon sending of an email, post on a social media platform or placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing.
The Sweepstakes Entities are not responsible and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners or for false, incorrect, changed, incomplete or illegible contact information provided by entrants or for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. It is each potential winner’s responsibility to set his or her Facebook Account and/or Instagram Account settings to accept contacts by Sponsor and to timely check his/her accounts for any messages. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize.
Potential prize winners will be required to complete, sign, properly execute (including notarization), and submit an affidavit of eligibility and liability release, including a consent for publicity purposes (collectively, the “ "Affidavit" ) , an IRS-W9 Form, and identification of and information regarding the potential winner’s guest (collectively with the Affidavit, the “ "Materials" Such Materials will be sent to the potential winner by Administrator at the time the entrant is notified in writing he/she is a potential prize winner. Such written notification will also state the deadline by which the Materials must be completed and returned to Administrator.
Entrants acknowledge that failing to complete and return eligibility Materials in compliance with the written instructions ON OR BEFORE THE DEADLINE DATE may result in disqualification and, in such case, the prize will be forfeited and awarded to an alternate potential winner, at Sponsor’s sole discretion.
If the prize or prize notification is unclaimed or returned as undeliverable, or if any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend any event or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified. In such case, the prize will be forfeited and awarded to an alternate potential winner, at Sponsor’s sole discretion.
If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
10. PUBLICITY RELEASE: Subject to applicable law, winners and their guests irrevocably grant the Sweepstakes Entities, and each of their licensees, and their respective successors, assigns and sub-licensees the right and permission to use their Submission, name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes and in connection with OneMain Racing, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners. Specifically, and not by way of limitation, such use may include display on the Entry Page or anywhere on the OneMain Financial website ( www.onemainfianancial.com) or anywhere on the OneMain Racing website (www.onemainracing.com) or in any social media platform maintained by or for Sponsor.
11. TAMPERING WITH SWEEPSTAKES: The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. Sponsor reserves the right, In its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on Facebook and Instagram via a Sponsor update and/or on the site(s) where these Official Rules have been posted.
12. SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, Sponsor shall have the right to modify, suspend or terminate the Sweepstakes and select the potential winner from all eligible entries received prior to any action taken or as otherwise deemed fair and appropriate by Sponsor. Sponsor additionally reserves the right, in its sole and absolute discretion to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes and select the winner from all eligible entries received prior to any action taken or as otherwise deemed fair and appropriate by Sponsor.
13. CONDITIONS OF ENTRY: By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these "Official Rules" and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. Sponsor reserves the right to disqualify participants who violate these Official Rules or interfere with this Sweepstakes in any manner. If a participant is disqualified, Sponsor reserves the right to terminate that participant’s eligibility to participate in this Sweepstakes. If a participant submits entries in excess of applicable limits, all entries submitted by such participant shall be void.
14. WAIVERS, DISCLAIMERS AND RELEASES: By participating in the Sweepstakes, entrant agrees to release, discharge and hold harmless the Sweepstakes Entities, Dale Earnhardt Jr., DEJ Holdings, LLC, RDEJ Revocable Trust, Kelley Earnhardt Miller, Elliott Sadler, Facebook, Instagram and each of their respective directors, officers, employees, agents, successors and assigns (collectively, "Released Parties" ) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations ( "Suppliers" ) as a part of the prizes provided in connection with the Sweepstakes; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to; (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Sponsor’s or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties 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 Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize.
15. ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address, email address, the fact entrant is or is not a OneMain customer, and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a list of Sweepstakes winners.
16. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, Administrator or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Indiana, 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.
17. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Vanderburgh County, Indiana 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. However, neither Sponsor nor entrant may require arbitration of the other’s claims brought in a small claims court lawsuit strictly seeking a monetary recovery of no more than the court’s jurisdictional limit (including attorneys’ fees and costs), provided that no other relief is sought; but, the parties may elect arbitration of any amended claim, counterclaim, cross-claim or third-party claim seeking any relief other than monetary relief up to the jurisdictional limit (including attorneys’ fees and costs). A single arbitrator shall conduct arbitration, under the Federal Rules of Evidence and the American Arbitration Association ( "AAA" ) Consumer Arbitration Rules in effect at the time the claim is filed. To obtain rules and form, contact the AAA at 800.778.7879, www.adr.org/consumer (website), or email@example.com (E-Mail). Sponsor agrees to pay any filing fee in excess of $200 and to pay any required deposit. Sponsor agrees to pay the initial costs of arbitration up to a maximum of eight hours of hearings. Any participatory hearing will take place in the county where entrant lives unless the parties agree to another location. If AAA cannot or will not administer the arbitration, the parties agree to submit the claim to JAMS for proceedings conducted under JAMS’ Comprehensive Arbitration Rules. If both designated arbitration forums cannot or will not administer the arbitration, it remains the parties’ intent to arbitrate and to have appointed an arbitrator pursuant to 9 USC § 5. Entrant agrees not to participate in a representative capacity or as a member of any class of claimants pertaining to any claims or disputes covered by these mandatory arbitration provisions. No arbitrator shall be allowed to conduct arbitration on a class-wide basis, and the arbitrator shall not be allowed to consolidate arbitration demands filed by Sponsor’s other customers. However, if the previous sentence is found unenforceable, these entire mandatory arbitration provisions shall be void. If any other term is unenforceable in these mandatory arbitration provisions, the remaining terms are severable and enforceable to the fullest extent permitted by law. These mandatory arbitration provisions shall be governed by the Federal Arbitration Act. By participating in the Sweepstakes, entrant agrees to the mandatory arbitration provisions above. ENTRANT UNDERSTANDS THAT HE/SHE IS VOLUNTARILY WAIVING HIS/HER RIGHT TO A JURY TRIAL OR JUDGE TRIAL FOR SUCH DISPUTES.
18. LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) 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; (B) 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; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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 (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT 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.
19. LIST OF SWEEPSTAKES WINNERS/OFFICIAL RULES REQUESTS: To receive a list of winners, send a self-addressed, stamped envelope (prior to December 1, 2018) to: “OneMain 2018 Speedway Sweepstakes Winners List”, P.O. Box 59, Evansville, IN 47701-0059. For a copy of these Official Rules, send a legal-size, self- addressed, stamped envelope (prior to August 31, 2018) to: “OneMain 2018 Speedway Sweepstakes Official Rules”, P.O. Box 59, Evansville, IN 47701-0059.
21. SPONSOR & ADMINISTRATOR: Sponsor: OneMain Financial Group, LLC, 601 NW Second Street, Evansville, IN 47701. Administrator: Marden-Kane Digital Promotions, 575 Underhill Blvd, Suite 222, Syosset, New York, 11791. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.