Official Rules – 2018 Racing Spirit, LLC Social Media Sweepstake – (Instagram, FaceBook and Newsletter)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
This Sweepstake (“Sweepstake”) is offered, sponsored, and administered by Racing Spirit, LLC whose address is 241 NE 61stStreet, Miami, FL 33137 (“Sponsor”). This Sweepstake is not sponsored, endorsed, or administered by or associated with Instagram, Inc., and FaceBook, Inc. nor is Instagram, Inc. and FaceBook, Inc. are associated with the Sweepstake in any way. This Sweepstake is also not sponsored or administered by OMP Racing, Inc., OMP Racing S.p.A. and any of their affiliates or other brand/sponsor names appearing on the prize. Any questions, comments or complaints regarding the Sweepstake should be directed to Sponsor, and not to Instagram, Inc., FaceBook, Inc., OMP Racing, Inc., OMP Racing S.p.A., and any of their affiliates or other brand/sponsor names. The Sponsor’s administration and operation of the Sweepstake and the selection of the potential Prize Winner are final and binding in all matters related to the Sweepstake.
This Sweepstake is void where prohibited by law.
Sweepstake Likes and Period: The Sweepstake must receive Five Thousand (5,000) Instagram Likes and Five Thousand (5,000) FaceBook Likes within a Period that begins on November 15, 2019 at 12:00 PM Eastern Time (“ET”) and ends on December 31, 2019 at 11:59 PM ET.
How to Enter:
To enter for a chance to win, Entrants must:
- Follow @RacingSpiritBrand on Instragram, and, during the Sweepstakes Period, like and comment by tagging two other Instagram users on Sweepstake Instagram posts published during the Sweepstake Period.
- Follow @RacingSpiritBrand on Facebook, and, during the Sweepstake Period, like and comment by tagging two other FaceBook users on Sweepstake FaceBook posts published during the Sweepstake Period.
- Sign up to our Newsletter service by entering your email at the bottom of Racing Spirit home page
Note: To enter in the sweepstake, Entrants must follow the instructions on the Post made by Sponsor. Commenting on the rules, replying to any Entries made by other personal Instagram/FaceBook accounts, or sharing the Post are not valid methods of Entry. Entrants are discouraged from tagging themselves. Limit one (1) Entry per person/Instagram/FaceBook account holder. Any Entries received in excess of the entry limit will be disqualified.
Eligibility: Each Entry will be subject to the following terms and conditions:
General Eligibility: To be eligible to win, an Entrant must: (a) be a legal resident of a State/Country where Sweepstake is permitted; (b) be at least eighteen years of age or have reached the age of majority in the State/Country in which she/he resides as of the date of Entry and; (c) not be an officer, director, or employee of Sponsor, its affiliates, or subsidiaries, nor a member of his or her immediate family (biological, step, or in-law) including parent, grandparent, child, sibling, or spouse of any of the foregoing (regardless of where they live) or households of any of the above, whether related or not, Tax dependents, and household members.
Instagram/FaceBook Accounts: Each Entry must be made with a valid and active personal Instagram/FaceBook account. An Entrant’s Instagram/FaceBook account must be able to receive messages from Sponsor during the Sweepstake Period and the Winner Selection Period. Sponsor reserves the right to disqualify, in its sole and absolute discretion, entries made through Instagram/FaceBook accounts that are used to perpetuate, solicit, or encourage fraud, unlawful activity, sexual activity, harassment, or spam or submit multiple Entries in excess of the Entry limitation.
Sponsor discourages participants from creating multiple Instagram/FaceBook accounts to submit multiple Entries, and any participant doing so will have all of his or her Entries disqualified.
No Names and Likeness Without Permission: The Entry must not: (1) use individuals’ names, in whole or in part (except for the Entrant’s first name and another Instagram/FaceBook account holder’s first name); (2) refer to public figures, living or dead; (3) contain material that embodies the name, likeness, or other identifying element of any person, living, or dead, without first obtaining permission from said person.
No Illegal, Offensive, or Inappropriate Content: The Entry must not contain, in the sole and unfettered discretion of the Sponsor: (1) words, images, or statements considered offensive to individuals of any race, ethnicity, religion, sexual orientation, or socioeconomic group; (2) material that is unlawful, sexually explicit, or libelous; (3) content that violates the intellectual property rights of third-parties, including illegal use of a third-parties’ copyrights or trademarks; (4) content that commits any torts, including libel, defamation, and violations of rights of privacy and publicity; and (5) statements concerning any third-party products, made as comparisons to Sponsor’s products or otherwise, in connection with this Sweepstake.
Sponsor reserves the right, in its sole and absolute discretion, to disqualify and/or request that the Entrant and/or Instagram/FaceBook remove the Entry if Sponsor believes that the Entry violates any of the requirements contained herein. Sponsor also reserves the right, in its sole and absolute discretion, to disqualify any Entrant that engages in inappropriate or harassing conduct on Sponsor’s Instagram/FaceBook page or on any other medium that is connected with this Sweepstake.
Winner Selection: After the Sweepstake Period, Sponsor will randomly select on or before January 15th, 2019 from all eligible Entries received during the Sweepstake Period one (1) “Prize Winner.” The selection of the Prize Winner will be conducted by Sponsor, and Sponsor’s decisions will be final in all matters pertaining to the selection. Any potential Prize Winner will be subject to verification by Sponsor of eligibility and compliance with these Official Rules.
Notification of Winner: Sponsor will attempt to contact a potential Prize Winner via email address that Entrant made with his or her Newsletter Entry. Three (3) contact attempts will be made within a 120-hour period (“Winner Selection Period”) to contact the potential Prize Winner. If the potential Prize Winner does not respond within the Winner Selection Period, his or her Prize will be forfeited and Sponsor will select an alternate potential Prize Winner, and the same process will be repeated until the Prize Winner is successfully contacted and the Prize is awarded. Sponsor is not responsible for contacting an Entrant if that Entrant has changed contact information during the Winner Selection Period. At the sole discretion of the Sponsor, forfeiture of any Prize and the selection of an alternate Prize Winner may result from any of the following: (a) a potential Prize Winner’s failure to respond to notification within the specified response period; (b) a potential Prize Winner’s failure to provide Sponsor with satisfactory proof of age, identity, and residence; or (c) any non-compliance with these Official Rules.
Odds:The odds of winning the Prize depend on the total number of eligible Entries received during the Sweepstake Period.
Prize/Approximate Retail Value (“ARV”):There will be one (1) Prize Winner. The Prize Winner will receive the following “Prize”:
An Original Replica of Emerson Fittipaldi’s 1974 racing suit that was produced in 2018 for an exhibition event named F1 Miami Festival. Suit has been signed by Emerson Fittipaldi. (ARV: $799.00 USD)
Prize Restrictions:Without limiting the generality of the foregoing, the following general conditions apply to the Prize:
Prize is awarded “as-is” and without warranty of any kind, express of implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose);
Sponsor reserves the right to substitute a prize of equal or greater value if all or part of the advertised Prize is unavailable or cannot reasonably be provided for any reason. No substitution or transfer of Prize by Prize Winner is permitted;
Prize Winner will be solely responsible for all federal, state, and/or local taxes, Customs duties and for any other fees or costs associated with the Prize he or she receives, regardless of whether it, in whole or in part, is used;
Allow 4-6 weeks for the mailing of your Prize; and
If any Prize is lost, destroyed, or stolen it will not be replaced.
Release: By entering, participants agree to release, discharge, indemnify, defend, and hold harmless, Sponsor, Instagram, Inc., FaceBook, Inc., and their parents, subsidiaries, affiliates, and each of their respective officers, directors, members, employees, agents, and agencies, (“Released Parties”) from and against any demands, claims, liability, costs, losses, damages, or cause of action, including, without limitation, personal injury, death, or damage to or loss of property, arising out of, in whole or part, directly or indirectly, from participating or attempting to participate in the Sweepstake or from acceptance, possession, misuse, use, or award of the Prize. Unless prohibited by law, Prize Winner shall bear all risk of loss or damage to the Prize after it has been delivered.
Use of Entry: By entering the Sweepstake and submitting an Entry, each Entrant hereby: (i) grants to the Sponsor, in perpetuity, a worldwide, non-exclusive, irrevocable, fully paid, license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete, modify, edit, display the Entry in connection with the Sweepstake, or any portion thereof or otherwise use the submission, in whole or in part in any media now known or hereafter devised; (ii) authorizes the Sponsor and any entities affiliated with the Sponsor to utilize the Entry in any manner they see fit; and (iii) waives all moral and publicity rights in and to his or her image or video included in the Entry in favor of the Sponsor. Entrant is responsible for obtaining all necessary permissions, and all releases and consents necessary to permit the use and exhibition of the submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof if requested may result in disqualification of the Entry. By submitting an Entry, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the use of Entry as set forth herein.
Additional Terms: By participating, all Entrants agree to these Official Rules and that the decisions of the Sponsor shall be final and binding without right of appeal in all respects. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstake, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstake, as determined by Sponsor in its sole and absolute discretion. Any attempt by any person to undermine the legitimate operation of the Sweepstake may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. In the event the Prize Winner engages in behavior that (as determined by Sponsor or Administrator or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, Sponsor reserves the right to terminate the Sweepstake or withdraw the Prize Winner’s Prize.
Prize Winner’s Grant of Rights: Except where prohibited by law, by accepting the Prize, the Prize Winner agrees to the Sponsor’s and its designee’s use of Prize Winner’s name, city, or state of residence, and/or photograph or other likeness for advertising and publicity purposes in connection with the Sweepstake without notice or compensation. All national, state, and local laws and regulations apply.
Limitation of Liability: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website or mobile device users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstake and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized access to the Website or any Entrant’s personal Instagram/FaceBook account. The Sponsor is not responsible for injury or damage to Entrant’s or to any other person’s mobile device, computer, or other electronic device related to or resulting from participating in this Sweepstake. If, for any reason, the Sweepstake is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in the sole opinion of Sponsor, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstake, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend this Sweepstake and select a Prize Winner from Entries received prior to the action taken or in such other manner as Sponsor may deem fair and appropriate.
Sponsor does not authorize, condone, sponsor, encourage, or take responsibility for Entrants’: (1) unauthorized use of any third party’s intellectual property, including copyrights and trademarks; (2) commission of any torts, including libel, defamation, and violations of rights of privacy and publicity; and (3) statements concerning any third-party products, made as comparisons to Sponsor’s products or otherwise, in connection with this Sweepstake.
IN NO EVENT WILL SPONSOR, ANY PARTICIPATING PROMOTIONAL COMPANIES, RELEASED PARTIES, OR PRIZE PROVIDERS, OR THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, LOST PROFITS, CONSEQUENTIAL, OR PUNITIVE, MULTIPLE, OR ADDITIONAL DAMAGES.
Disputes: Except where prohibited by applicable law, Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstake, shall be resolved individually, without resort to any form of class action, exclusively, before the appropriate Florida courts located in Miami-Dade County, Florida – U.S.A. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, indirect, lost profits, or consequential damages, or any other damages, including attorneys’ fees, and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Sweepstake, or the rights and obligations of the participant and Sponsor or Administrator in connection with the Sweepstake, shall be governed by, and construed in accordance with, the laws of the State of Florida. By entering, Entrants consent to the exclusive jurisdiction and venue of the federal and state courts located in Miami-Dade, Florida, U.S.A.
Winner List: The name of the Prize Winner (“Winners List”) may be requested only after the end of the Sweepstake Period and no later than February 28, 2019To receive the Winners List, send request to Racing Spirit, LLC, ATTN: Marketing Department, 241 NE 61stStreet, Miami, FL 33137.