MOOG® Leader of the Pack Competition and Sweepstakes (“Promotion”)
2018 OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR THE 48 CONTIGUOUS UNITED STATES, DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC). DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES (EXCLUDING ALASKA AND HAWAII) OR CANADA (EXCLUDING QUEBEC) AT THE TIME OF ENTRY. VOID IN ALASKA, HAWAII, QUEBEC AND WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAWS AND REGULATIONS.
1. ELIGIBILITY: Open to legal residents of the 48 contiguous United States, the District of Columbia, and Canada (excluding Quebec) who are 18 years of age or older, and the age of majority in their state/province/territory of residence (19 in Alabama, Nebraska, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Yukon, Nunavut and the Northwest Territories) at the time of registration. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of Federal-Mogul Motorparts, LLC fka Federal-Mogul Motorparts Corporation (“Sponsor”), its parent, subsidiary, and affiliated companies, and the web design, advertising, fulfillment, legal, judging, administrative, and promotion agencies involved in the administration, development, fulfillment, and execution of this Promotion (collectively, “Promotion Parties”), NASCAR, Inc., and its parent(s), subsidiaries, affiliates and each of their respective employees, shareholders, directors, officers, members, successors, and agents and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion). Void in Alaska, Hawaii, Quebec and where prohibited.
2. PROMOTION OVERVIEW: Consumers are encouraged to visit the website at www.moogleader.com (“Website”) from August 13, 2018 at 9:00:01 a.m. Eastern Time (“ET”) through November 18, 2018 at 11:59:59 a.m. ET (“Registration Period”) to register and create a free account (“Account”) to play the MOOG® Leader of the Pack competition (“Registrants”), starting on September 10, 2018. The Registrants that open an Account from August 13, 2018 9:00:01 a.m. ET through September 9, 2018 at 11:59:59 p.m. ET (the “Pre-Registration Sweepstakes Period”) will be entered into a random drawing (the “Pre-Registration Sweepstakes”). Limit one (1) Account per person/email address.
The competition (“Competition”) portion of the Promotion will run from September 10, 2018 at 12:00:01 p.m. ET through November 18, 2018 at 11:59:59 a.m. ET (“Competition Period”). Consumers may register and create a free Account anytime throughout the Competition Period to play, but will only be able to make Selections, and receive points, for subsequent NASCAR® Playoffs race week (each as defined below).
The entire Promotion will consist of a Registration Period (which includes a Pre-Registration Sweepstakes Period and Pre-Registration Sweepstakes, with two-hundred (200) prize winners chosen in a random drawing on or about September 13, 2018) to register to play; a Competition Period, with one (1) Grand Prize winner and fifty (50) runner-up winners (based on the highest number of points accrued); and a sweepstakes (“Participation Sweepstakes”) with one-hundred (100) potential Participation Sweepstakes Prize winners selected at the end of the Competition Period in a random drawing from among all eligible Registrants.
3. TO PARTICIPATE IN THE COMPETITION: Each NASCAR® Playoffs race week (as defined below) during the Competition Period, Registrants may visit the Website during the NASCAR® Playoffs as set forth in the Competition Timeline table below, and log in to their Account to choose the driver they think will come in First Place (“Selection”) for that specific Monster Energy NASCAR Cup Series™ race. As the NASCAR® Playoffs progress, drivers will be eliminated from the Selection pool. Only the drivers still participating in the NASCAR® Playoffs race will appear for a Registrant to make each week’s Selection.
The driver’s finishing position for each NASCAR® Playoffs race will earn points, as outlined in the Point Structure tables below. Points will accrue over the ten (10) NASCAR® Playoffs races. Registrants can accrue up to a maximum of 500 points during the Competition Period. The Website will post each NASCAR® Playoffs winners and will automatically track points accumulated for each Account. The points will be visible each time Registrants log in to their Account. At the end of the Competition Period, the Registrant with the highest number of points (out of 500) will be declared the potential winner of the Competition Grand Prize, subject to verification; and the fifty (50) Registrants with the next highest point totals will also each win a prize (the “Runners-Up Winners”), as described in Section 6, subject to verification. In the case of a tie in the total number of points, the Registrant with the most First Place Selections throughout the Competition Period will win, continuing on to the number of Second Place Selections and so on, as needed, until the tie is broken.
The Grand Prize winner will be announced on the Website on or about December 1, 2018.
Point Structure for Races: Each race will be broken up into three stages (a “Stage”); Stage 1, Stage 2, and Stage 3, which will vary by track and race length. Stage 1 and Stage 2 will each comprise approximately 25-30 percent of a race’s total length, with Stage 3 making up the remainder and determining the winner. Stages correlate directly to the Stages set forth by NASCAR, Inc.
Points will be awarded at the end of Stage 1, Stage 2, and Stage 3 (as per the charts below).
Standard data rates may apply if you access the Website from your mobile device, and you are solely responsible for any such charges.
Competition Restrictions: Limit one (1) Selection per Registrant/Account per NASCAR® Playoff races. NASCAR® Playoff Drivers Selection Period dates and times for each NASCAR® Playoff races are outlined in the Competition Timeline table above. Automated means of participation are prohibited, and any use of automated devices will cause disqualification. Consumers may not use any other device or artifice to register multiple times above the stated limit or as multiple Registrants. Any Registrant who attempts to participate with Accounts above the stated limit, or who uses any device or artifice to participate multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. By participating, Registrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions.
4. THE PRE-REGISTRATION SWEEPSTAKES, DRAWING AND ODDS OF WINNING: Any Consumer that registers from August 13, 2018 at 9:00:01 a.m. ET through September 9, 2018 at 11:59:59 p.m. ET will get one (1) Entry into the Pre-Registration Sweepstakes. Limit one (1) Entry per Registrant/Account. Automated means of participation in the Pre-Registration Sweepstakes are prohibited and any use of automated devices in connection with Pre-Registration Sweepstakes Entries will cause disqualification. Registrants may not use any other device or artifice to enter the Pre-Registration Sweepstakes multiple times above the stated limit or as multiple Registrants. Any Registrant who attempts to enter the Pre-Registration Sweepstakes with Accounts above the stated limit, or who uses any device or artifice to enter the Pre-Registration Sweepstakes multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion.
Two hundred (200) Pre-Registration Sweepstakes prize winners will be randomly selected in one (1) drawing from all eligible Pre-Registration Sweepstakes Entries received during the Pre-Registration Period. Odds of winning a Pre-Registration Sweepstakes prize depend on the number of eligible Pre-Registration Sweepstakes Entries received. The drawing will be conducted in Oak Park, Illinois, U.S.A., on or about September 17, 2018, by a third-party promotion administrator whose decisions shall be final and binding on all matters relating to the Pre-Registration Sweepstakes. Limit one (1) Pre-Registration Sweepstakes prize per person.
5. THE PARTICIPATION SWEEPSTAKES, DRAWING, AND ODDS OF WINNING: For each Selection made within the Driver Selection Period, Registrants will receive one (1) entry (“Entry”) into the Participation Sweepstakes. Limit ten (10) Entries per Registrant/Account. Automated means of participation in the Participation Sweepstakes are also prohibited and any use of automated devices in connection with Participation Sweepstakes Entries will cause disqualification. Registrants may not use any other device or artifice to enter the Participation Sweepstakes multiple times above the stated limit or as multiple Registrants. Any Registrant who attempts to enter the Participation Sweepstakes with Accounts above the stated limit, or who uses any device or artifice to enter the Participation Sweepstakes multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion.
One hundred (100) Participation Sweepstakes prize winners will be randomly selected in one (1) drawing from all eligible Participation Sweepstakes Entries received throughout the Competition Period. Odds of winning a Participation Sweepstakes prize depend on the number of eligible Participation Sweepstakes Entries received. The drawing will be conducted in Oak Park, Illinois, U.S.A., on or about November 28, 2018, by a third-party promotion administrator whose decisions shall be final and binding on all matters relating to the Participation Sweepstakes. Limit one (1) Participation Sweepstakes prize per person.
6. PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”):
COMPETITION GRAND PRIZE (1): a weekend trip for the verified Grand Prize winner (“Grand Prize Winner”) and one (1) guest (guest must be 18+ or age of majority) to attend one (1) Monster Energy NASCAR Cup Series™ race of winner’s choice in 2019; and one (1) Limited Edition Custom MOOG® Garage Cabinet.
ARV: $4,150.00 USD/$5,214.47 CAD (as of April 16, 2018).
Grand Prize trip includes:
• Two (2) round-trip coach class air transportation tickets from a major airport in the 48 United States near winner’s residence for the Grand Prize Winner and one (1) verified guest to an airport near the destination city;
• Three (3) days/two (2) nights hotel accommodations (standard room, double occupancy) in a hotel of Sponsor’s choice in the destination city;
• $500 USD Prepaid Gift Card for a U.S.-resident winner; and
• VIP Access for two (2) for the Monster Energy NASCAR Cup Series™ race selected by the winner (subject to the standard terms and procedures of NASCAR and subject to NASCAR’s sole discretion).
NOTE: A Grand Prize Winner who is a Canadian resident will be awarded the Grand Prize in the form of a cheque made payable to the Grand Prize Winner for $4,150.00 USD, less the applicable U.S. income tax, which the Sponsor (or its designated agent) will remit to the U.S. IRS, in compliance with U.S. tax law (30% of the $4,150.00 ARV, and minus the $1,000.00 value of the two (2) tickets and VIP access being given) and the $150.00 for the cabinet which will be shipped to the winner, for a total cheque of $1,755.00 USD (for the winner to make his/her travel, hotel, and transportation arrangements); VIP access for two (2) to the Monster Energy NASCAR Cup Series™ race of choice, and one (1) limited edition, custom MOOG® garage cabinet. A Grand Prize Winner who is a Canadian resident is responsible for all costs associated with their travel and accommodations, must have a passport and no barrier to entry into the USA.
COMPETITION RUNNER-UP PRIZES (50): a Limited Edition Custom MOOG® Garage Cabinet, ARV: $150.00 USD each/$188.47 CAD each (as of April 16, 2018). Total ARV: $7,500.00 USD/$9,423.50 CAD (as of April 16, 2018).
Total ARV of all Competition Prizes: $11,650.00 USD/$14,637.82 CAD (as of April 16, 2018).
PRE-REGISTRATION SWEEPSTAKES PRIZES (200): a prize package of MOOG® swag gear, includes: one (1) 52nd poster, one (1) limited edition MOOG® Leader of the Pack t-shirt, one (1) pair of MOOG® gloves, and decal. ARV: $35.00 USD each/$43.98 CAD each (as of April 16, 2018).
Total ARV of all Pre-Registration Prizes: $7,000.00 USD/$8,796.00 CAD (as of April 16, 2018).
PARTICIPATION PRIZES (100): a package of MOOG® swag, includes: one (1) 52nd poster, one (1) limited edition MOOG® Leader of the Pack t-shirt, one (1) pair of MOOG® gloves, (1) MOOG® hat, and decal. ARV: $50.00 USD each/$62.82 CAD each (as of April 16, 2018).
Total ARV of all Participation Prizes: $5,000.00 USD/$6282.00 CAD (as of April 16, 2018).
TOTAL VALUE OF ALL PRIZES: $23,650.00 USD/$29,715.82 CAD (as of April 16, 2018).
7. PRIZE RESTRICTIONS: Limit one (1) Pre-Registration Prize, one (1) Participant Sweepstakes Prize and one (1) Competition Grand Prize/one (1) Runners-up Prize per Registrant/Account/household. Prizes are non-transferable, and no prize substitution permitted, except for a Canadian-resident Grand Prize Winner, as described herein, at the sole discretion of the Sponsor. If a prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or equal value. Sponsor does not make, nor in any manner is responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prizes including but not limited to their quality, fitness for purpose, or condition. Prepaid Cards are subject to terms and conditions as set by issuer. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.
U.S. Resident Grand Prize Winner: Actual value of trip may vary depending on the Grand Prize Winner’s point of travel origin, airfare, and hotel fluctuations. Any difference between stated approximate retail value and actual value of Grand Prize will not be awarded. All Grand Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Certain restrictions and blackout dates may apply, at the discretion of the Sponsor. Grand Prize Winner must notify Sponsor of desired dates of travel no later than January 8, 2019 for the 2019 season. Trip must be booked ninety (90) days prior to the desired date of departure. Sponsor and the Released Parties do not guarantee transportation and accommodations will be available on the exact dates requested by Grand Prize Winner. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of the Grand Prize Winner. Grand Prize Winner and guest must travel on same itinerary. Guest must be at least eighteen (18) years of age and the age of majority in their state of residence and must sign and return a travel/liability release before any ticketing of travel occurs. Grand Prize Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Once guest has been selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. 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. If in the judgment of Sponsor, air travel is not required due to winner’s proximity to the destination city, 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 Grand Prize Winner.
For any Grand Prize Winner: Sponsor and the Released Parties 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 Grand Prize-related services or accommodations. Additional prize award details and travel information to be provided to the Grand Prize Winner at the time of notification. Grand Prize Winner and guest are also 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. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.
In the event the race is postponed/rescheduled or otherwise cancelled, no compensation or substitution for such portion of the Grand Prize will be provided; however, the remainder of prize package will be awarded, and the Sponsor will not have any further obligation to the Grand Prize Winner. Tickets and passes are subject to the standard terms and procedures of NASCAR and subject to NASCAR’s sole discretion. Sponsor and the Released Parties are not responsible if event is delayed, postponed or canceled for any reason. Grand Prize Winner will not receive compensation from Sponsor for tickets that the Grand Prize Winner is unable to use due to cancellation of the event, but tickets may be subject to standard rain-check policies and procedures set by the issuer. Grand Prize Winner agrees that event admission is awarded pursuant to a revocable, nontransferable license that is personal to that applicable Grand Prize Winner, and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. Grand Prize Winner and guest must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of the prize and removal from event. Sponsor has the right, at its sole discretion, to disqualify and remove the Grand Prize Winner and/or his or her guest from any activity at any time without compensation if the Grand Prize Winner’s behavior and/or his or her guest’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor, and in such a case, Grand Prize Winner will still be solely responsible for all taxes and other expenses relating to the prize. The Sponsor and Released Parties shall not be responsible for any damage to property (including hotel or travel accommodations arranged by Grand Prize Winner or Sponsor), caused by the Grand Prize Winner’s or Winner’s guest’s behavior.
By participating in this Promotion and submitting an entry, each Registrant agrees: (i) to be bound by these Official Rules, including all entry requirements; (ii) to release and hold the Promotion Parties and National Association for Stock Car Auto Racing, Inc., and its affiliates and each of their respective employees, shareholders, officers, directors, agents, members, and assigns (collectively, with the Promotion Parties, the “Released Parties”) harmless from and against any and all claims, injuries, damages, losses and liability that may occur, directly or indirectly, in whole or in part, from participation in the Promotion or from the receipt or use/misuse of any prize or any travel or activity related to the receipt or use of the Grand Prize; and (iii) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Winners assume all liability for any injury or damage caused or claimed to be caused by participation in this promotion or use or redemption of any prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
8. WINNER NOTIFICATION AND PRIZE CLAIM: Winners are subject to verification, including verification of age.
Skill-Testing Question: If a potential winner of any prize is a Canadian resident, the selected Registrant will be notified via the email address used to register and must, unaided, correctly answer a time-limited mathematical skill-testing question within two (2) business days. In the event that the selected Registrant does not send a return email within two (2) business days or is unable to correctly answer the skill-testing question, he/she shall be disqualified (and shall forfeit any and all rights to the applicable prize), and the Sponsor shall have the right to randomly draw or select (as applicable) another eligible Registrant, and the Sponsor shall be fully and completely released and discharged from any liability in this regard.
Grand Prize Winner Notification: The potential Grand Prize Winner will be contacted on or about November 26, 2018 via the email address/phone number collected at the time of registration. The potential Grand Prize Winner will be required to respond via email/phone within two (2) business days of the attempted notification to claim the Grand Prize. Upon receipt of the potential Grand Prize Winner’s return email/phone call (and, for a Canadian resident, successful completion of the skill-testing question as described above), the potential Grand Prize Winner will be sent, via email, a Declaration/Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, to be completed, signed, and returned to Sponsor within five (5) business days or prize may be forfeited. If the potential Grand Prize Winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential Grand Prize Winner will be disqualified. In the event that the potential Grand Prize Winner is disqualified for any reason, Sponsor reserves the right to award the Grand Prize to the Registrant with the next highest total number of points in the Competition, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. The Grand Prize Winner is solely responsible for any federal, state, local, or provincial taxes on the prize. Potential Grand Prize Winner will be required to fill out a W-9 or W-8BEN form at the time of verification for U.S. tax reporting purposes.
Taxes: A Grand Prize Winner who is a U.S. resident will receive an IRS 1099 Miscellaneous Income Tax Form in January of the year following receipt of their prize showing the prize value (as stated in these Official Rules) as additional income for the year in which they receive the Grand Prize. A Grand Prize Winner who is a Canadian resident will be awarded the air fare, hotel, and Gift Card of the Grand Prize in cash, less the applicable U.S. income tax (30% of the ARV), which Sponsor (or its designated agent) will remit to the U.S. IRS, in compliance with U.S. tax law. A Canadian Grand Prize Winner will receive an IRS 1042S Foreign Person’s U.S. Source Income Subject to Withholding Form for their tax records, showing the prize value (as stated in these Official Rules) and the deductions taken.
For all prizes: Prizes will only be awarded to an address within the 48 contiguous United States, the District of Columbia, and Canada (excluding Quebec). Sweepstakes prizes and the Runners-Up prizes will be shipped to the address provided at time of registration within 4–6 weeks after the end of the Promotion Period. The Grand Prize garage cabinet will be shipped to the address provided at the time of verification within 4-6 weeks after the Grand Prize Winner has been verified and the race has been chosen. Sponsor and the Released Parties are not responsible for any change of email address, mailing address and/or telephone number of Registrants. Sponsor and the Released Parties have no obligation to post any information regarding the award of prizes on the Website or elsewhere or to give out such information by telephone, fax, mail, email or by any other means of communication, but may do so it its sole discretion.
9. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Promotion is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Promotion. If, in Sponsor’s sole discretion, any portion of the Promotion is not capable of running as planned for any reason, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Promotion without notice and, if terminated, at its sole discretion, select winner(s) for the affected Sweepstakes drawing and/or Competition from among all non-suspect, eligible Entries received prior to cancellation for the Sweepstakes and/or Competition or as otherwise deemed fair and appropriate by Sponsor. In the event that an Entry is confirmed to have been erroneously deleted, lost or destroyed, Registrant’s sole remedy shall be another Entry into the Promotion.
10. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Released Parties, resulting from any user’s participation in, attempt to participate in, or download of any information in connection with participating in the Promotion. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Promotion: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention in the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Promotion. Sponsor and the Released Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on promotional materials or on the Website. Use of Website is at user’s own risk. Released Parties are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user’s or any other person’s computer equipment resulting from participation in the Promotion, use of the Website or the download of any information from the Website, or any other loss related to user’s participation in the Promotion or receipt of any prize. As a condition of entering, Registrants agree to release the Released Parties from any and all liability, loss, or damage incurred with respect to Registrant’s participation in the Promotion and the awarding, receipt, possession, and/or use or misuse of any prize.
11. BINDING ARBITRATION: These Official Rules, the Promotion and any cause of action arising from the Promotion shall be governed by and construed in accordance with the laws of the State of Michigan, U.S.A. (exclusive of its choice of law provisions). Any controversy or claim arising out of or relating to these Official Rules or the Promotion shall be settled by final and binding arbitration in accordance with the rules of and shall be administered by the American Arbitration Association before a single arbitrator, with the proceedings to be held in Southfield, Michigan, U.S.A. and, in the case of any appeal permitted under those rules, exclusive jurisdiction and venue will rest with the federal and state courts in the State of Michigan, U.S.A, and County of Oakland. Each party shall bear his/her own legal expenses in such arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE REGISTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS PROMOTION, EACH REGISTRANT AGREES 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 PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY REGISTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND REGISTRANT 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) REGISTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND REGISTRANT 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 EVERY REGISTRANT.
12. PUBLICITY: Except in Tennessee, U.S.A., and where prohibited by law, by accepting a prize, winners grant permission for Sponsor and those acting under its authority to use their name, and address (city and state/province), Entry, photograph, voice, image and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on a Website) now known or hereinafter invented without territorial or time limitations and without further notice and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winners’ list.
13. GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A. without giving effect to any choice of law or conflict of law rules thereof. By entering, you consent to the jurisdiction and venue of the federal, state and local courts located in Southfield, Michigan, U.S.A. for the resolution of any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and agree that any and all such disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
14. WINNERS LIST: For a list of winners, send an email request to email@example.com. Winners list will be available 30 days after all winners are deemed official, which is on or about December 31, 2018.
16. SPONSOR: Federal-Mogul Motorparts, LLC fka Federal-Mogul Motorparts Corporation, 27300 W 11 Mile Road, Southfield, Michigan, U.S. A. 48034.
NASCAR® and Monster Energy are not participants in or sponsors of this Promotion. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. The Monster Energy NASCAR Cup Series™ word mark is used under license by the National Association for Stock Car Auto Racing, Inc., and Monster Energy. MOOG® is a trademark of Federal-Mogul Motorparts LLC or one of its subsidiaries in one or more countries.