LIONEL® RACING GOLDEN TICKET INSTANT WIN GAME COMPLETE OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
THIS SWEEPSTAKES IS INTENDED AND OFFERED FOR PLAY ONLY TO AND BY PERSONS IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AS OF THE DATE OF PARTICIPATION. THIS SWEEPSTAKES WILL BE GOVERNED BY U.S. LAW. DO NOT PLAY UNLESS YOU ARE ELIGIBLE AND LEGALLY LOCATED IN THE 50 UNITED STATES OR DISTRICT OF COLUMBIA AT THE TIME OF PARTICIPATION.
1. ELIGIBILITY: The Lionel® Racing Golden Ticket Instant-Win Sweepstakes (“Sweepstakes”) is open only to legal U.S. residents residing at the time of participation in the fifty (50) United States or the District of Columbia, who are at least 18 years of age at time of participation. Void in all other locations and jurisdictions and where prohibited. Employees, officers and directors of Lionel L.L.C. (the “Sponsor”), its parent, subsidiary, and affiliated companies, advertising, promotion or production agencies, Web masters/suppliers NASCAR Team Properties™ (“NTP”), NASCAR, Inc., and the teams, drivers, owners and other sponsors who have licensed their respective intellectual property to NTP, their affiliates and each of their respective employees, shareholders, officers, directors, members, agents, successors and assigns (and their IRS dependents, immediate family members [spouse, parents, children, siblings] and individuals residing in their same household, whether or not related) are not eligible to participate. By participating, participants agree to these Official Rules and the decisions of the Sponsor and/or its independent judging agency which are final and binding in all respects.
2. HOW TO PLAY/OBTAIN A FREE GAME PIECE: The Sweepstakes begins on October 28, 2013, when retailers (brick & mortar and online) will begin promoting the Sweepstakes, and potential purchasers may begin pre-ordering 2014 Lionel® Racing products. Pre-ordered 2014 Lionel® Racing products will begin shipping after January 1, 2014. During the Sweepstakes Period there are two (2) ways to play. (A) You can play the Sweepstakes by making a purchase (but a purchase is not required—see below for how to obtain a free game piece). Look inside specially-marked packages of Lionel® Racing products while supplies last. Specially-marked packages will begin shipping after January 1, 2014, and will not be generally available prior to that time. If your package contains a Golden Ticket bearing the words “Congratulations! This Golden Ticket entitles you to a free . . . . Call 855-4TICKET (855-484-2528) now to redeem” (or substantially similar language), you win the prize described on the ticket, subject to verification and validation of the Game Piece, your eligibility and compliance with these Official Rules. If your package does not contain a Golden Ticket bearing the words “Congratulations! This Golden Ticket entitles you to a free . . . . Call 855-4TICKET (855-484-2528) now to redeem” (or substantially similar language), then you are not a Golden Ticket prize winner. (B) You can play the Sweepstakes by mailing in a request for a free Game Piece after January 1, 2014. To obtain a free Game Piece (while supplies last) and/or a copy of these Official Rules, type or print your first and last name, date of birth, and complete mailing address on a 3" x 5" piece of paper or index card and mail it in an envelope with proper first-class U.S. postage affixed to: Lionel® Racing Golden Ticket Free Game Piece Request, 6301 Performance Drive, Concord, North Carolina 28027. You may send multiple requests for a free Game Piece, but each such request must be mailed in a separate postage prepaid envelope and mechanical reproductions of Game Piece requests are not acceptable. Mail-in requests for a free Game Piece must be received by Sponsor by December 22, 2014. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail/Game Piece requests. Because the first step of prize redemption must be completed by December 30, 2014 (see below for more details), if you wish to obtain a free Game Piece, you are strongly encouraged to mail your request so that it arrives to Sponsor far in advance of the December 22, 2014, deadline, giving more time for the free Game Piece to be sent from Sponsor to you. The Released Parties are not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail/Game Pieces.
3. PRIZE CLAIMS: If you have a winning Golden Ticket, to begin the prize redemption process, you must call 855-4TICKET (855-484-2528) or the phone number provided on the Golden Ticket (if it is different) (the “Prize Claim Phone Line”) and follow the prompts and/or instructions provided. Prize redemption calls to the Prize Claim Phone Line must be made between 8:00 a.m. and 9:00 p.m. on non-holiday weekdays. The deadline to complete your call to the Prize Claim Phone Line is 9:00 p.m. ET on December 30, 2014. Following your call to the Prize Claim Phone Line, a Sponsor representative will send each winner, by email if available, forms that are required to be executed prior to delivery of the prize(collectively “Winner Forms”). The completed, executed Winner Forms must be returned by mail or other courier, together with the winner’s Golden Ticket Game Piece to Sponsor at the following address: Lionel L.L.C., Attention: Lionel Racing Golden Ticket, 6301 Performance Drive, Concord, NC 28027. Do not discard your winning Golden Ticket Game Piece, because you must mail it to Sponsor to claim your prize. Your winning Golden Ticket Game Piece and accompanying completed, executed Winner Forms, must be received by Sponsor by January 30, 2015. If your winning Golden Ticket Game Piece and completed, executed Winner Forms are not received by Sponsor by January 30, 2015, your prize is forfeited. The Released Parties are not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due claims, mail, Golden Ticket Game Pieces, Winner Forms. The submission of a prize claim is solely the responsibility of the participant. Mechanical or other reproductions are void. All materials submitted become the property of Sponsor and will not be returned. Only official winning Golden Ticket Game Pieces from the Lionel® Racing Golden Ticket Instant-Win Sweepstakes are eligible. All other game pieces are invalid and void.
4. PRIZE DETAILS: A total of 739 prizes will be offered. The total approximate retail value of all prizes is $69,998.95. Prizes are described in the table below, including approximate retail values of each prize. Where an approximate retail value is identified as $0, it means that the prize offered is “experiential” in nature and not generally available in the marketplace for the general public to purchase and, as a result, there is no value for the prize. VIP passes/tickets are subject to the standard terms and procedures of NASCAR® and subject to NASCAR’s® sole discretion. Transportation to experiential prize opportunities is not provided as part of the prize; winners of such prizes are responsible for their own transportation and associated costs and fees to attend the experiential prize destination. The expiration date of certain prizes is “End of 2014 Season.” This refers to the 2014 racing season. Racing seasons typically end in November. The 2014 racing season schedule has not yet been released, and winners of prizes that expire at the end of the 2014 season should plan to use their prizes prior to November 2014 and should check the season schedule once released to ensure that they are aware of the deadline for using prizes that expire at the end of the 2014 season.
Additional prize details in connection with prizes may be provided to respective prize winner at the time of notification. Odds of winning any prize are approximately 1 in 511 (739 total prizes and 377,000 total Game Pieces). Travel to destinations not included in any prize. Prize winners responsible for any travel and any other fees, costs, and expenses of any type or amount not specifically included in prize descriptions above. Sponsor assumes no responsibility for canceled, delayed, suspended or rescheduled events (including, but not limited to, airline flights) or any acts or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations beyond its control. For any prize necessitating travel, winner and guest(s) (if any) must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for such travel. Lost, stolen or damaged Golden Tickets and prize vouchers or certificates will not be replaced or exchanged. Gift cards are subject to federal and state regulations and the terms and conditions of the issuer.
Any difference between stated value and actual value of any prize will not be awarded. If winner cannot accept prize as stated, prize may be forfeited in its entirety. In the event Sponsor or prize provider is unable to provide any portion of the prize, no compensation or substitution will be provided for that portion of the prize; however, the remainder of the prize package will be awarded and Sponsor will have no further obligation to winner. Any and all applicable federal, state and local taxes (including but not limited to income and sales taxes) and all fees, expenses, service charges, gratuities, and other costs related to acceptance and use of a prize not specifically stated herein are solely the responsibility of the individual prize winner. No prize may be substituted, assigned, transferred, or redeemed for cash, except that Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize of equal or greater value if the advertised prize (or portion of prize) is or becomes unavailable. Winner is responsible for any loss of prize or portion of any prize after it has been delivered. Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other promotion or offer. Unclaimed and unawarded prizes will not be awarded.
5. RELEASE AND LIMITATIONS OF LIABILITY: By participating and accepting a prize, prize winner and his/her guest(s) (if any) represent that he/she understands that participation in Sweepstakes-related and prize-related activities, including but not limited to travel and driving and visiting sites contain some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other agencies, known or unknown. Prize winner and his/her guest(s) (if any) represent that they recognize that such risks may be present at any time before, during and after participation in any Sweepstakes-related or prize-related activity. 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. By entering, participants agree (and agree to confirm in writing): (a) that Sponsor, prize providers, and their respective parents, subsidiaries, related and affiliated entities, advertising and promotion agencies, NTP, NASCAR, Inc., and the teams, drivers, owners and other sponsors who have licensed their respective intellectual property to NTP, their affiliates and each of their respective employees, shareholders, officers, directors, employees, representatives members, successors, and assigns and agents (collectively, the “Released Parties”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s) including, without limitation, death or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related or prize-related activities including, without limitation, any travel or driving related thereto; (b) except where legally prohibited, prize winners grant (and agree to confirm that grant in writing) permission to Sponsor, prize providers, and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media (digital, analog, or otherwise) now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval, unless prohibited by law; (c) any portion of the prize not accepted or used by the respective prize winner will be forfeited; and (d) Sponsor is not responsible for any inability of any prize winner to accept or use any prize (or any portion thereof) for any reason. Each prize winner shall bear all risk of loss or damage to their prize after delivery of such prize. Sponsor and/or prize provider, at their respective individual sole discretion, may chronicle winner’s prize experiences on the Sponsor’s Website and/or via other media. All prizes are awarded “as is,” “where is,” and Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize or while participating in such prize; except for any express manufacturer’s warranty as may be included with the prize. SPONSOR MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND CONCERNING ANY PRIZE, AND SPONSOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER IMPLIED WARRANTY
7. GENERAL CONDITIONS: Released Parties are not responsible for lost, late, stolen, incomplete, illegible, inaccurate, mutilated, postage due, undelivered, delayed or misdirected mail, prize claims, prizes, game piece requests or Second Chance entries; or for any error or problem of any kind relating to or in connection with the Sweepstakes including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of Game Piece requests, prize claims or Second Chance Drawing entries, the announcement of the prizes or winners, and any travel or other activities in connection therewith, or in any Sweepstakes-related materials. Released Parties are not responsible for entry submissions or other documentation received after the deadline, incomplete information, lost/delayed data transmissions, omissions, interruptions, defects, incomplete transmission defaults or faulty network connections, telephone, computer server/system/software failure of any kind, including those due to human error, and/or delayed garbled or corrupted data. Released Parties are not responsible for errors, whether caused by participants or third parties or by any of the equipment or programming associated with or utilized in the Sweepstakes that may occur in the processing of the entries in the Sweepstakes or otherwise. Sponsor reserves the right to suspend/terminate (in whole or part) this Sweepstakes without notice if, in Sponsor’s sole discretion, the promotion becomes infected or corrupted, or the administration, security, fairness, integrity or proper play of the Sweepstakes is compromised. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of the Official Rules or any laws, or to be attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, misappropriation, infringement or any other unfair playing practices/poor sportsmanship, or intending to annoy, abuse, threaten or harass any other entrants/players or Sponsor representatives. Sponsor reserves the right to terminate/cancel the promotion as a result of any printing or technological errors. By participating in the Sweepstakes, you agree and acknowledge to be bound by these Official Rules and the decisions of the judges, which will be final and binding, and to waive any rights to claim ambiguity with these Official Rules. You are not a winner until your Sweepstakes Golden Ticket Game Piece has been verified and it is determined that you have complied with all terms of these Official Rules. Sweepstakes materials are automatically void if they fail to pass anti-fraud detection measures or if they are reproduced, mutilated, forged, altered, tampered with, or illegible in any way, if they are obtained outside authorized, legitimate channels, or if they contain printing, production, typographical, mechanical or other error. Liability for Game Pieces containing printing or other errors is limited to replacement with another Game Piece while supplies last. Only the number of prizes stated in the Official Rules will be awarded. If, for any reason, the number of prize claims received exceeds the stated number of prizes, only the stated number of prizes in these Official Rules will be awarded through a random drawing from among all eligible, non-suspect and valid prize claims received.
8. BINDING ARBITRATION AND DISPUTES: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’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 PLAY THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN SPONSOR’S SWEEPSTAKES, EACH PARTICIPANT AND PRIZE WINNER 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 SWEEPSTAKES, 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 PARTICIPANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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) PARTICIPANT AND PRIZE WINNER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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 PARTICIPANT.
9. GOVERNING LAW AND JURISDICTION: By participating, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor and prize providers in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of North Carolina without giving effect to any choice of law or conflict of law rules, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of North Carolina, in Cabarrus County. By participating, participants consent to the jurisdiction and venue of the federal, state and local courts located in Cabarrus County, North Carolina.
10. WINNERS’ LIST: For the names of the prize winners, mail a self-addressed envelope with proper postage affixed to: Lionel® Racing Golden Ticket Sweepstakes Winners’ List, 6301 Performance Drive, Concord, North Carolina 28027 for receipt by July 1, 2015. (VT residents may omit return postage).
SPONSOR: Lionel L.L.C., 6301 Performance Drive, Concord, North Carolina 28027. NASCAR Team Properties™ and NASCAR, Inc., are not sponsors of this promotion. NASCAR® and NASCAR Hall Of Fame® are registered trademarks of the National Association for Stock Car Auto Racing, Inc., NASCAR Team Properties™ is used under license by National Association for Stock Car Auto Racing, Inc. The NASCAR Sprint Cup Series™ word mark is used under license by the National Association for Stock Car Auto Racing, Inc., and Sprint.
All trademarks related to this Sweepstakes and the prizes in this Sweepstakes are the property of their respective owners and no sponsorship, endorsement or affiliation with Sponsor, its products or this Sweepstakes is implied by their use.