Ticket Giveaway Promotion
Ticket Giveaway Promotion (the “Promotion”) is open only to those individuals who are persons age eighteen (18) or older on the date of entry, and who make a Qualifying Purchase (as defined below). The following individuals are not eligible to participate or win a prize in this Promotion: an employee or officer (or any spouse, child, sibling, or parent residing as a member of the primary household of such employee or officer) of, O’Reilly Automotive Stores, Inc., Martinsville International, Inc. (“MVS”) and each of their respective parents, affiliated companies, subsidiaries, licensees, vendors, distributors, dealers, retailers, agents, printers, sponsors of the Promotion, advertising and promotion agencies and any and all other companies if they are associated with the Promotion (collectively, the “Parties”).
Entry/How to Play:
With the purchase of $25 or more in products (“Qualifying Purchase”) at either one of the two remote locations (“Retail Location”), the entrant will be considered to be a Qualifying Purchaser.
All prizes are provided on a first-come, first-served basis, and receipt is conditional on availability and supplies lasting.
Tickets: The first sixty-five (65) Qualifying Purchasers per designated Retail Location will receive a pair of tickets to attend Martinsville Speedway’s “Goody’s Fast Relief 500” race event on Sunday, October 30, 2016 (the “Fall Race”), limited as follows:
- Fall Race Tickets will be available on a first-come, first-served basis. There is no limit to the number of products that may be purchased, but Fall Race Tickets are limited to the first sixty-five (65) Qualifying Purchasers per Retail Location, and to one (1) pair of Fall Race Tickets per Qualifying Purchaser.
The term “winner” applies to all winners.
The Promotion begins and ends on Saturday, October 8, 2016 at the times and locations specified below. (“Promotion Period”). Further, once all prizes have been awarded the Promotion Period will be deemed over and signage will be posted at the Retail Locations indicating the same. Consumers may participate in the Promotion at the two (2) Retail Locations during the Promotion Period as follows:
Saturday, October 8, 2016
Saturday, October 8, 2016
10:00 a.m. to 12 noon
3:00 p.m. to 5:00 p.m.
O’Reilly Auto Parts, #4026
3112 Old Forest Road
O’Reilly Auto Parts, #1773
239 W. Kings Hwy
The above date, time, and locations are subject to change. Visit www.martinsvillespeedway.com for up-to-date event information.
The Approximate Retail Value of each Fall Race Ticket is $75.00. The Winner and guest must be 18 or older. The Winner and guest must be available to attend the Fall Race at Martinsville Speedway, on October 30, 2016. An alternate Winner shall be chosen if any Winner is unable to attend the Fall Race, fails to respond to the Winner notification, or fails to sign a release and waiver as required by MVS.
Event tickets are to be used for personal use only and may not be resold or redistributed for profit. All event tickets are subject to availability.
Taxes and Expenses:
The winners are responsible for any local, state and federal taxes. Any additional expenses incident to any prize, or that are related to the Promotion, are not included and are the responsibility of the winners. For example, travel, parking, taxes, food, and beverages, (other than what is provided in the suite) are not included.
Odds of Winning:
Upon making a Qualifying Purchase, winning a Prize is a certainty for the first 65 Qualifying Purchasers at each Retail Location, subject to availability and stated limitations.
The Winner will be notified and have the Prize delivered in person at the Retail Location at the time of the Qualifying Purchase. The execution of additional releases and/or waivers of liability required by MVS and/or any other applicable sanctioning body or prize provider may also be required and returned prior to the dissemination of the Fall Race Tickets or within such other time period specified by such entities, as appropriate. If any Promotion event is delayed, postponed or cancelled for any reason, the respective winner will not be reimbursed for purchase.. However, should the racing event be postponed, the tickets will be honored the day the event is held. Should the race be canceled, winner will not receive a refund or exchange of ticket.
By participating in this Promotion, entrants agree to be bound by these Official Rules. All entrants and winners are solely responsible for the actions of any guests who accompany them to the Retail Location and the Fall Race. No prize substitution, cash equivalent, or transfer of prize by any winner in violation of these rules and regulations is permitted. The Parties reserve the right to substitute prizes of equal or greater value.
Should any winner make any false statement in connection with this Promotion, the winner will be required to promptly return to the Parties, upon demand, any prize.
The Parties reserve the right, in their sole discretion, to modify these Official Rules without materially affecting the terms and conditions of the Promotion. No modification or amplification, oral or written, with respect to the covenants, conditions and terms herein contained, shall be binding upon the Parties unless embodied in an instrument in writing mutually approved by the Parties. The Parties reserve the right to modify, terminate, or suspend the Promotion, or any part of it, if any viruses, bugs, unauthorized human intervention, fire, flood, earthquake, epidemic, explosion, labor dispute or strike, act of public enemy, equipment failure, riot or civil disturbance, war or other military action, terrorist threat or activity, government order, fraud, technical failures or any other factor beyond the Parties’ reasonable control (a “Force Majeure Event”) impairs the integrity, feasibility or proper functioning of the Promotion, as determined by the Parties in their sole discretion. The Parties reserve the right, in their sole discretion, to disqualify any entrant, winner or designee from participating in any aspect of the Promotion if they deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of the law or these Official Rules; (b) damaging or tampering with or corrupting the entry process or the operation of the Promotion; (c) participating in unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent or potentially fraudulent behavior; (d) acting with intent to annoy, abuse, threaten or harass any other person; or (e) participating in any activity deemed to be generally inconsistent with the intended operation of the Promotion. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Parties reserve the right to seek damages from any such person to the fullest extent permitted by law. The Parties’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Whether caused by an entrant, by any of the equipment or programming associated with or utilized in this Promotion, or by any technical or human error that may occur in the processing of the Promotion or Promotional entries, the Parties are not responsible for inaccurate processing of the Promotion or Promotional entries, which may be the result of: (1) error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Promotion processes; or (2) lost, misdirected, late, incomplete, illegible or unintelligible processing of the Promotion or Promotional entries.. The Parties are not responsible for any human, printing, or technical error which may occur in processing, printing or distribution of the Promotion or Promotional entries. Mechanically reproduced entries are not permitted and will be deemed void. Illegible/incomplete entries are void.
The Parties make no express or implied warranties of any kind with respect to the safety, appearance, or performance of any prize offered.
By participating in the Promotion, each winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of winner's name and/or likeness in any and all advertising promotions and other publicity conducted by the Parties, unless prohibited by law.
Martinsville Speedway® and its logo are registered trademarks and are used with permission. The Parties agree that, if any one Party (“Supplying Party”) provides or proposes intellectual property to another Party (“Receiving Party”) for use or display during the Promotion, including but not limited to copyrights, trademarks, patents, celebrity names or endorsements, likenesses, logos, slogans, jingles, Promotion names, or autographs (“IP”): (1) the Supplying Party represents that it has full and unencumbered right, power and authority to provide such IP to the Receiving Party for use or display during the Promotion; and (2) the Supplying Party shall indemnify and hold the Receiving Parties harmless against any third-party claims for liability, including, but not limited to, reasonable costs and expenses, including attorneys’ fees, for infringement or violation of any patent, trademark, copyright or trade secret, arising from the use or display of such IP by the Receiving Party or Parties during the Promotion, unless such infringement results from the Receiving Party’s act or omission.
Limitation of Liability:
By accepting a prize, an entrant, on behalf of himself or herself and his or her heirs and legal representatives, agrees to release the Parties from, and shall hold the Parties harmless against, any liability, loss, claims, injury or damage to property or to person, including death, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prizes or participation in this Promotion, even if caused or contributed to by the negligence of the Parties. Parties are not liable in the event that any portion of the Promotion or prize is canceled due to any Force Majeure Event.
This Sweepstakes shall be governed by the laws of the State of Virginia. Each entrant knowingly and voluntarily intends and agrees that (i) the mandatory, exclusive venue for any action in any way related to or arising out of this Sweepstakes or prizes awarded shall be resolved individually without resort to any form of class action and shall be the state and federal courts in and for Henry County, Virginia; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Sweepstakes, but in no event attorneys' fees. Each entrant hereby knowingly and voluntarily waives any and all objections to venue and personal jurisdiction in the foregoing, and submit themselves thereto. Each entrant hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the aforementioned courts shall have in personam jurisdiction and venue over them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Sweepstakes.
Class Action Waiver:
Each party agrees that an arbitrator, judge, magistrate or other similar authority may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action.