Terms and Conditions
DESCRIPTION: DHR Indy 500 Challenge (“Challenge”) begins at 12:00 AM Eastern Time on 12/06/2010 and ends at 11:59 PM on 04/15/2011.
SPONSOR and ADMINISTRATOR: DMH Racing LLC (“DMH Racing”)
DONATIONS: Every ten (10) donation dollars will automatically grant the donor one (1) Challenge entry. ALL DONATIONS ARE NON-REFUNDABLE AND ARE NOT TAX DEDUCTIBLE AS A CHARITABLE CONTRIBUTION. Donation may qualify as a marketing/advertising tax-deductible expense for business. Twenty five percent (25%) of all Challenge Donations will go to support the Administrator’s charities.
FAILURE TO COMPETE: In the event insufficient funds are raised for DMH Racing to enter the Indy 500, all (100%) of the Challenge donations will be directed to the Administrator’s charities, less administrative expenses. Donor names will no longer be displayed on the Indy 500 racecar. The monetary threshold for Indy 500 entry is determined by the Administrator and is confidential and private. In the event Administrator is unable to compete in the Indy 500 on May 29th, 2011, funds will remain apportioned as under the “Donation” description. General Conditions and Release apply (see below). Challenge prize(s) will still be awarded pursuant to these Terms and Conditions.
ELIGIBILITY: The Challenge is open to all legal residents of the continental United States who are eighteen (18) years of age or older at the time of entry. Residents of Alaska, Hawaii or Puerto Rico are not eligible. The Challenge is void where prohibited or restricted by law. Entries may be submitted at www.danielherrington.com or mailed via “Free Method of Entry” instructions below. All entries must be received before the end of Challenge. In the event of a dispute as to the identity of an entrant, the authorized account holder of the e-mail account associated with the entry will be deemed to be the entrant. “Authorized account holder” of an e-mail address is the natural person in whose name the e-mail address has been issued. Employees of (i) DMH Racing LLC, or its affiliated companies, or (ii) any entity directly connected with the development, implementation or marketing of this promotion, and the immediate family (spouse, parents, siblings and children) or household members of each such employee are not eligible to participate.
FREE METHOD OF ENTRY: Hand print your name, address, phone number, email address and age on a 3″ x 5″ piece of paper and mail it in an envelope with proper postage to “DHR Indy 500 Challenge” at P.O. Box 12223, Raleigh NC, 27605. For each mail-in request you will be credited with one entry. Limit: 1 entry per envelope. All mail-in entries must be handwritten. Also include the name of the individual that encouraged you to enter, if applicable. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. All mail-in entries must be postmarked and received by the dates set forth in the details of the Challenge.
DESCRIPTION OF PRIZES: Prizes for the Challenge are outlined below. Other prizes may be added to the Challenge and all entry holders will be automatically entered to win.
Borg Warner Prize – Package for two (2) individuals eighteen (18) years of age and older includes tickets for 2011 Indy 500, garage passes, race day hot pit-lane passes and travel expenses including round-trip coach air travel for two, transportation to and from the event and airport, and lodging as organized by Sponsor. ARV $4,000.
Friend Referral Bonus – A five hundred dollar cash prize will be given to the friend that refers the Borg Warner Prize winner to the DHR Indy Challenge. ARV $500.
ODDS OF WINNING: Odds of winning will be determined by the total number of entries received.
FRIEND REFERRAL BONUS: The individual who first referred the winner of the Borg Warner Prize to the DHR Indy Challenge will win the bonus. The Friend Referral will be nominated exclusively by the winner of the Borg Warner Prize. The Friend Referral must be an entrant in the contest and will receive a $500 cashier’s check via mail 7 to 10 business days after receiving notice from the Borg Warner Prize winner. Use of social media, email, telephone and internet communication to notify other potential entrants is all permitted. More details will be provided in an entry email receipt.
PRIZE ACCEPTANCE: Challenge prize Winner(s) will be selected on April 25th, 2011 in a random drawing from all eligible entries. Winner(s) will be notified via e-mail and phone on the date of the drawing at the e-mail address or phone number provided on the entry form and will have five (5) days from the date they are notified to accept the prize and confirm availability. Winner(s) will also be required to sign and return a release of liability, declaration of eligibility and, where lawful, publicity consent agreement, as conditions of receiving a prize within three (3) days of prize acceptance . Failure to comply with the aforementioned conditions shall be grounds for forfeiture of the prize. If any potential winner selected cannot be contacted, or does not properly respond within five (5) days, or the prize or prize notification is returned as undeliverable, such potential winner shall forfeit any and all rights to a prize and an alternate winner will be selected. Sponsor, in its sole discretion, will attempt to contact a minimum of three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go un-awarded if it remains unclaimed.
GENERAL CONDITIONS/RELEASE: Except where prohibited by law, entry constitutes permission to use entrant’s name, hometown and likenesses for online posting, and/or any advertising and publicity without notice or compensation unless Challenge participant selects the anonymity option on the donation form. By entering, each participant agrees to release and hold harmless DMH Racing LLC, the Marketing Affiliates, their respective legal representatives, prize providers, advertisers and each of their respective parent companies, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Challenge, including any injury to computer during the entry process, or any prize won. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Challenge, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Challenge, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Donation, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
GOVERNING LAW: By entering, each participant further agrees that, in the event there is any conflict or other inconsistency between the Terms and Conditions and any advertisements, promotional or marketing materials, e-mails, or announcements relevant to this Donation, these Terms and Conditions will govern. Entrants agree that any and all claims, disputes and causes of action arising out of or related to this Challenge shall be resolved exclusively by the appropriate courts in Forsyth County, North Carolina in accordance with the laws of the State of North Carolina, without giving effect to conflict of law rules which would cause the application of the laws of any other jurisdiction.
PRIVACY AND INFORMATION: By agreeing to these terms and conditions, you will also receive periodic e-mails from www.danielherrington.com and our Marketing Affiliates. Your personal information is proprietary to us and will NOT be provided to any other source not affiliated with this campaign. Should you no longer wish to receive e-mails from www.danielherrington.com and/or our Marketing Affiliates you can unsubscribe separately at any time by sending an email to email@example.com with “unsubscribe” in the subject line and your registered name in the email body.