PRI Show Contest Official Terms and Conditions

PRI Show Contest Official Terms and Conditions

 

These Official Rules, Terms and Conditions (“Rules” or “Agreement”) describe legal requirements and restrictions for each participant ("Participant") in the PRI Show Contest Program (“PRI Show Contest”) produced by the Specialty Equipment Market Association ("SEMA") and the Performance Racing Industry (“PRI”), collectively the “Parties” or “PRI”.

AGREEMENT

 

By participating in PRI Show Contest, Participant agrees to be bound by this Agreement, all applicable federal, state, and local laws, and the judging decisions of the Parties.  This Agreement forms a binding legal agreement between the Parties with respect to PRI Show Contest.  PRI reserves the right to cancel, modify, or suspend PRI Show Contest in any way, at any time and at its sole discretion without liability. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

NO PURCHASE NECESSARY TO ENTER THE PRI SHOW CONTEST OR WIN A PRIZE. A PURCHASE, PAYMENT, OR FINANCIAL CONTRIBUTION OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE. Void where prohibited or restricted by law.  All Federal, state, and local laws and regulations apply. 

 

Sponsor:  PRI is a nonprofit organization (“PRI”), 27081 Aliso Creek Road, Suite 150, Aliso Viejo, California 92656.  SEMA is a section 501(c)(6) organization (“SEMA”), 1575 S. Valley Vista Drive, Diamond Bar, CA 91765.

 

Timing:  This PRI Show Contest Program begins at 12:00 a.m. Eastern Time (“EDT”) on July 13, 2021 and ends on December 8, 2021, at 11:59 p.m. EDT (the “Contest Period”). The Sponsor reserves the right to extend or shorten the Contest at its sole discretion.  Winners will be randomly chosen and announced approximately December 8, 2021.

 

The Show Contest shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein.

 

PARTICIPATION/HOW TO ENTER

 

To enter, a Participant must successfully register to attend the PRI Show. Successful registration is defined as qualified to attend the PRI Show through the qualification process. All Participants who are successfully registered by December 8, 2021 at 11:59 p.m. EDT are automatically eligible to win.

 

Eligible entrants must enter in accordance with these Rules.  No other method of entry will be accepted.

 

Failure to submit all required information in the manner required in this Agreement and/or failure to conform to the Rules may result in disqualification.  All Participants are subject to verification by PRI.

 

Participant shall bear all costs associated with application and participation in the PRI Show Contest program, including but not limited to Show registration fees, equipment, internet, transmission and other costs. 

 

ELIGIBILITY

 

The PRI Show Contest program is open to any person who is at least 18 years of age as of the date of entry. Participants must be PRI Show attendees.

 

Directors, officers, employees, and interns of PRI or SEMA, any of its affiliated or related organizations, PRI Show staff, PRI Show exhibitors and exhibitor staff, web masters and web suppliers, vendors, agents, professional advisors, consultants, contractors, and immediate families of each (parents, mother-in-law, father-in-law, spouse, life partners, children, grandchildren, brothers-in-law, sisters-in-law or siblings, wherever they reside) and members of the households (whether related or not) are not eligible to enter (“Ineligible Persons”). Participant acknowledges that they are not an Ineligible Person.

THE PRI SHOW CONTEST IS VOID IN ANY JURISDICTION IN WHICH IT IS PROHIBITED BY LAW.

 

Any person entering the PRI Show Contest covenants and agrees to be bound by this Agreement and may be required to execute and deliver such other documents PRI may deem appropriate. PRI retains the ultimate decision, in its sole discretion, as to which Participants are eligible and reserves the right to cancel or reject any entries for any reason or for no reason.  PRI’s failure to enforce any term of this Agreement shall not constitute a waiver of that term. 

 

By submitting an entry, Participant agrees to be bound by this Agreement, which is final and binding in all respects, and further agrees not to sue or assert any claim against the Parties in connection with the PRI Show Contest; provided, that if applicable law prohibits such a covenant, release or waiver of claims, Participant hereby waives the right to seek or accept damages in any proceeding and to reimburse the Parties for any and all expenses or costs associated with such claim (including attorneys’ fees, court costs and the amount of any judgment or settlement).

 

PRIZES

 

THE INCLUSION AND AWARD OF PRIZES IS AT THE SOLE DISCRETION OF PRI AND MAY BE AMENDED, CHANGED OR CANCELED AT ANY TIME, WITHOUT NOTICE OR COMMUNICATION.

 

PRIZE WILL BE AWARDED TO PARTICIPANTS SOLELY AT THE DISCRETION OF PRI WITHOUT RESTRICTION.

 

PARTICIPANT ACKNOWLEDGES THAT AWARD OF PRIZES IS NOT GUARANTEED BY PRI AND PARTICIPANT HAS NO CLAIM TO ANY PRIZE OR PRIZES UNLESS AND EXCEPT AS DETERMINED AT THE SOLE DISCRETION OF PRI, AT ANY TIME.

 

The Prizes will consist of two (2) tickets to a Pacers game on December 8, 2021 (approximate value up to $200); two (2) tickets to a Pacers game on December 8, 2021 (approximate value up to $200); two (2) tickets to a Pacers game on December 10, 2021 (approximate value up to $200); two (2) tickets to a Pacers game on December 10, 2021 (approximate value up to $200); a $100 gift certificate; and a swag gift bag worth approximately $100.

 

The prize being awarded may constitute income under applicable federal, state, and local tax laws. All taxes on or in connection with prizes, and the reporting consequences thereof, are the sole and exclusive responsibility of the Winner. Tax liability is based on the value of the prizes. If required, a Winner is responsible for providing a Show Security Number and other necessary information to PRIs for the purpose of filing a Form W-9 and Form 1099G with the Internal Revenue Service as well as any other required tax documents.

 

PRI is not responsible for any problems related to participation in the PRI Show Contest or the prizes, including, but not limited to, quarantine, outbreak of disease, cancellation of the game, theft, delay, loss, internet connectivity issues, transmission problems, or other issues. If a Participant does not accept the prize and/or does not agree to be bound by these terms upon being contacted by PRI, the prize shall be forfeited and PRI may award the prize to an alternate or may not award the prize to any Participant.

 

The prize is non-transferable and non-assignable and may not be redeemed or exchanged for cash or other alternative goods or services.

 

PRI reserves the right to substitute prizes.  Any difference in prize value as a result of such substitution will not be awarded.  No transfer, substitution or cash equivalent for prizes is allowed, except in PRI’s sole discretion.  Odds of winning depend upon the number of entries.

Should a Participant choose not to accept the prize, if Participant fails to return any required affidavit and release materials, or if two (2) attempts by PRI to contact Participant by phone and/or email are not successful, or if prize is not otherwise claimed, there is no cash option and the prize is forfeited.  PRI may require winner to sign an affidavit of eligibility and liability/publicity release.  Prize may not be redeemed or exchanged for cash or other alternative goods or services, except that PRI reserves the right to substitute a prize of equal or greater value for the prize or any part of it.  A forfeited prize may be awarded to an alternate winner. 

 

This Agreement apples to all Participants.  PRI shall make all determinations as to whether the Participant has complied with this Agreement and the decision of PRI is final.  A potential winner will be notified by telephone and/or other means.  To claim a prize, the potential winner should follow the instructions and comply with the conditions contained in the notification.  The potential winner shall have one (1) day after being notified to respond or forfeit the prize.  In the event that potential winner does not respond to PRI’s attempts to contact them or are otherwise disqualified such that PRI is unable to award the prize, PRI may award the prize to another Participant.  Award of the prize will be made upon written acknowledgement of, and full compliance with, the requirements listed herein, including but not limited to, execution of any required affidavit of eligibility, release of liability, and tax-related documents, as well as any other legal, tax or regulatory documents required by PRI in its sole discretion.  Winners must satisfy all eligibility requirements before the prize is awarded. 

 

Except as specifically provided herein, the prizes do not include taxes, insurance, personal expenses, incidental charges, or any other item not specifically described in this Agreement or in the prize notification messages provided to potential winners, and all expenses for any of the foregoing are the sole responsibility of the Participant who is the prize winner.  If PRI cannot find a winner who meets the requirements, the prize may not be awarded.  Prize cannot be used in conjunction with any other promotion or offer and may not be separated. The prize may not be transferred or assigned except by PRI. Only the listed prize will be awarded and no substitutions, cash equivalents or redemptions will be made, except that PRI reserves the right to substitute any prize package with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of prizes, are the sole responsibility of the winner.  PRI expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. PRI makes no representations or warranties concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations apply. PRI will not be liable for or replace any lost, misdirected, misdelivered, or stolen prize items.

 

The prize is awarded as is and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  PRI expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of, or participation in, the prizes awarded. PRI makes no representations or warranties concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations apply. The winner shall bear all responsibility for use of the prize in compliance with any conditions, and any additional costs associated with its use, service, or maintenance.

 

All expenses associated with the prizes not specifically specified in these rules are the sole responsibility of the winner.  Winner is responsible for any taxes including all Federal, State and Local taxes, if any, as well as any other taxes payable due to acceptance of the prize.  

 

ODDS

 

Odds of winning depend upon the number of entries. 

 

LICENSE TO SUBMITTED CONTACT INFORMATION, CONTENT AND PUBLICITY GRANT

 

Except where prohibited by law, by submitting an entry in the PRI Show Contest, each Participant grants permission to post his/her name (“Content” or “Entry”) and further grants to PRI, the PRI Show, the unconditional, unlimited, irrevocable, perpetual, royalty-free, non-exclusive, transferable right to publish, display, broadcast, reproduce, use, sublicense (through multiple tiers), share, disclose, adapt, edit and/or modify, and create derivative works from any such Content, in any and all media whether now or hereafter known, without limitation and for any purpose (including commercial purposes, advertising, publicity, fundraising, promotion and sales), and without consideration to the Participant and without further consent, compensation or approval.  Participants are not guaranteed to appear in any communication of PRI and PRI shall not incur any liability to the extent PRI chooses to refrain from using such information or Content from Participant. 

 

Participants agree to sign a liability/publicity release, if required.

 

PRI retains the ultimate decision, in their sole discretion, as to which Participants and/or entries are eligible.  Participants who do not include all required information or that fail to adhere to the terms of this Agreement will be considered void and will not be eligible for consideration in the PRI Show Contest. PRI reserves the right to cancel or reject any Participant or Entry for any reason or for no reason.  PRI may, in its sole discretion, remove, delete, and/or disqualify any Entry, Content or any Participant deemed to be inappropriate, ineligible or otherwise non-compliant.

 

Participant, by acceptance of prize, except where legally prohibited, grants permission for PRI and its designees to use Participant's name, company name, address (city and state), photographs, content, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, world-wide in perpetuity, without further notice or approval.

 

RESERVATION OF RIGHTS

 

PRI reserves the right, at any time and in its sole discretion, to disqualify and/or deem ineligible any Participant for any violation or noncompliance with any requirement or restriction within this Agreement or who it believes has failed to agree to or have violated this Agreement.

 

PRI reserves the right, at any time, to verify Participants and to disqualify any Participant or any Entry deemed not in accordance with this Agreement and PRI is not required to provide a reason for their determination. PRI also reserves the right to request further documentation, in their sole and absolute discretion, to verify eligibility and compliance with this Agreement.

 

In the event the PRI Show Contest is compromised by unauthorized human intervention, tampering or other causes beyond the control of PRI, that corrupts or impairs the administration, security, fairness or proper operation of the PRI Show Contest or associated prizes, or otherwise impairs PRI’s’ ability to conduct the PRI Show Contest in the manner anticipated by PRI, PRI reserves the right in its sole discretion to suspend, modify, cancel or terminate a Participant and/or the PRI Show Contest.

 

The decision of PRI is final and binding on all matters relating to the PRI Show Contest and Participant waives the right to contest any decision by PRI.

 

PRI reserves the right to modify, suspend, terminate, or cancel the PRI Show Contest at any time for any reason without liability at the sole discretion of PRI and their designees.

 

PRI reserves the right to change or substitute prizes to be awarded to a Participant at any time prior to the conveyance of such prize at the sole discretion of PRI and their designees.

 

LIMITATION OF LIABILITY; DISCLAIMERS

 

The Parties and their designees assume no liability or responsibility for and are not responsible for damages arising out of computer hardware or software, Internet Service Provider (ISP), server, website, satellite, telephone, cable, or network malfunctions occurring in connection with Entry submissions or communications, including, without limitation, errors or difficulties which may occur in connection with the administration of the PRI Show Contest, the processing of entries, drawings, the announcement of the prizes, or in any PRI Show Contest related materials. The Parties and their designees are also not responsible for any incorrect or inaccurate information, whether caused by others, tampering, hacking, or by any equipment or programming associated with or utilized in the PRI Show Contest. The Parties and their designees are not responsible or liable for injury or damage to any person or property, including, but not limited to, quarantine arising out of participation in PRI Show Contest, or contraction of any disease or sickness while participating in PRI Show Contest.

 

The Parties do not endorse any particular entry, content, prize, company, messages, or advice expressed therein, and the Parties expressly disclaim any and all liability in connection with the submitted entries, prizes.  The Participant assumes sole responsibility for the Entry and the content contained in it and also for the consequences of submitting the Entry and content in any format.

 

Participant agrees to defend, indemnify and hold harmless the Parties, and their respective parents, subsidiaries, divisions, affiliated companies, independent contractors, advertising and promotional affiliates, web hosting, and service and fulfillment providers, and all of their respective officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from Participant’s: violation of this Agreement; third party actions taken or brought against Participant regarding any Entry; any and all injuries, losses and damages of any kind including death, contraction of disease or sickness, to persons and property resulting in whole or in part, directly or indirectly, from Participant’s participation in PRI Show Contest, whether caused by the negligence of the Parties or otherwise; tax consequences arising from receiving any prize; or otherwise arising from Participant’s participation in the PRI Show Contest or participation in/use of the prize, or communications associated with or arising out of the PRI Show Contest. This defense and indemnification obligation will survive indefinitely beyond the conclusion of the PRI Show Contest.

 

Participant has read, understands and consents to this release and waiver of his or her legal rights.

 

The Parties assume no liability or responsibility for any loss or harm resulting from Participant’s participation in or attempt to participate in the PRI Show Contest or ability or inability to upload, download or otherwise access or transmit any information in connection with participating in the PRI Show Contest.

 

In no event shall the Parties, their directors, officers, employees, agents or representatives be liable to any party for any loss or injury to earnings, profits or goodwill, or for any direct, indirect, incidental, special, punitive or consequential damages of any person or entity whether arising in contract, tort or otherwise, even if advised of the possibility of such damages.

 

PRI reserves the right in its sole discretion to disqualify any individual found to be tampering with the entry process, or the operation of the PRI Show Contest or acting in violation of this Agreement. 

 

If for any reason, the PRI Show Contest cannot be conducted as planned by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, quarantine, disease outbreak, or any other causes which, in the sole opinion of PRI, corrupts or affects the administration, security, fairness, integrity or proper conduct of the PRI Show Contest, PRI reserves the right in its sole discretion to cancel, terminate, modify, postpone or suspend the PRI Show Contest and/or substitute other prizes for any prize set forth in this Agreement. 

 

The Parties are not responsible for loss, harm, damage, injury, property damage, violations of rights of publicity or privacy, personal injury and/or death, costs, or expense whatsoever (including without limitation actual attorneys’ fees and related costs) including, but not limited to, claims against the Parties in connection with the PRI Show Contest or delivery, misdelivery, acceptance, possession, use of or inability to enter or fully compete in the Contest, use of the prize; income tax; viruses, property damage, personal injury and/or death, which may occur directly or indirectly in connection with, participation in the PRI Show Contest, or possession, acceptance and/or use or misuse of or attendance at any PRI event, the negligence, intentional misconduct or illegal actions of Participant, as well as any actions or omissions of Participant resulting in or giving rise to, in whole or in part, any injuries or damages to person (including death or property), or exercise of any other rights granted to the Parties by such Participant, including such rights granted pursuant to this Agreement, the actual or alleged breach of any representation or warranty made by Participant.  If applicable law prohibits such a covenant, release or waiver of claims, Participant hereby waives the right to seek or accept damages in any proceeding and to reimburse the Parties for any and all expenses or costs associated with such claim (including attorneys’ fees, court costs and the amount of any judgment or settlement).

 

The Parties are not responsible for any technical, computer, electronic or internet hardware or software malfunctions, failures, connections, or availability, or by any human error which may occur in the transmission or processing of the application, Entries, or other activities of this Contest.  The Parties are not liable for unauthorized human intervention in any part of the entry process; printing, typographical, technical, computer, network or human error which may occur in the administration of the PRI Show Contest; the processing of entries, the announcement of the Prizes or in any related materials; late, lost, misdirected, damaged or stolen entries; or receipt or use or misuse of Prizes awarded; or any typographical or other error in the printing of this Agreement or any materials associated with the administration of the PRI Show Contest.  The Parties are not responsible for, and hereby disclaim, any injury or damage to any Participant related to or resulting from participating in the PRI Show Contest except arising from the Parties’ gross negligence or willful misconduct.

 

Participant, by participating in the PRI Show Contest, agrees that Parties, and their respective parents, subsidiaries, divisions, affiliated companies, dealers, service agencies, independent contractors, advertising and promotion agencies, web hosting and service and fulfillment providers, and all of their respective officers, directors, employees, representatives, and agents will have no liability whatsoever for, and shall be held harmless against, any liability for any injuries, harm, losses, or damages of any kind, including but not limited to, property damage, violations of rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), personal injury and/or death, costs, or expense whatsoever (including without limitation actual attorneys’ fees and related costs), including but not limited to quarantine, death, disease, or sickness, to persons or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of a prize, including any travel or activity related thereto, or from participation in the PRI Show, claims against the Parties, in connection with PRI Show Contest, delivery, misdelivery, acceptance, possession, use of or inability to use the prize; income tax; property damage, personal injury and/or death, which may occur directly or indirectly in connection with, preparation for, or participation in the PRI Show Contest, or possession, acceptance and/or use or misuse of prize or participation in any PRI Show Contest-related activity, the negligence, intentional misconduct or illegal actions of Participant, as well as any actions or omissions of Participant resulting in or giving rise to, in whole or in part, any injuries or damages to person (including death or property), any use of such Participant’s Entries by the Parties, or exercise of any other rights granted to the Parties by such Participant, including such rights granted pursuant to this Agreement, the actual or alleged breach of any representation or warranty made by Participant, including those contained in this Agreement, and for any claims based on publicity rights, defamation or invasion of privacy, as well as any actions or omissions of Participant resulting in or giving rise to, in whole or in part, any injuries or damages to person (including death or property).  If applicable law prohibits such a covenant, release or waiver of claims, winner hereby waives the right to seek or accept damages in any proceeding and to reimburse the Parties for any and all expenses or costs associated with such claim (including attorneys’ fees, court costs and the amount of any judgment or settlement).  Any liability of the Parties shall be limited to the amount of the prize or Two Hundred Fifty Dollars ($250) whichever is less, and in the case of any dispute, PRI’s decision shall be final.

 

IN NO EVENT WILL THE PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS PROGRAM AND USE OF, OR PARTICIPATION IN, THE PRIZES.  SOME JURISDICTIONS DO NOT ALLOW OR MAY LIMIT THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.  CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

 

ANY ATTEMPT BY A PARTICIPANT OR OTHER PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND THE PARTIES AND THEIR AGENTS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

If any provision of the Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of the Agreement shall nevertheless remain in full force and effect.

 

Parties’ failure or delay in exercising rights under this Agreement shall not operate as a waiver of those rights or constitute a waiver of any prior, concurrent, or subsequent breach.

 

RELEASE AND WAIVER, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

 

Participant hereby assumes full responsibility for and releases PRI and SEMA, and their designees from liability, including liability in connection with any bodily injury, death, quarantine, or property damage arising out of or related to the PRI Show Contest, whether caused by the negligence of PRI, and/or SEMA, and their designees or otherwise, and agrees to indemnify PRI and SEMA and their designees for any damage or liability incurred by reason of Participant's participation in the Contest. Participant hereby agrees that this Release and Waiver, Assumption of Risk, and Indemnity Agreement extend to all acts of negligence by PRI and SEMA and their designees and is intended to be as broad and inclusive as is permitted by the laws of the State of Indiana and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 

DISPUTES

 

By entering and/or participating in the PRI Show Contest, Participant agrees that this Contest is governed by the laws of the State of Indiana and any and all claims, disputes and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action and without use of a jury (Participant hereby waives any right to a jury trial) in the federal or state courts located in Indianapolis, Indiana, United States of America.  By entering and/or participating in this Contest, Participant agrees that any and all claims, judgments and awards shall be limited to, and the maximum aggregate liability of the Parties to any Participant or third party shall be limited to, the lesser of Participant’s actual out-of-pocket costs incurred, including costs associated with entering this Program in accordance with the Agreement, but in no event attorneys’ fees, and the lesser of Two Hundred Fifty Dollars ($250) or the value of the Prize, and under no circumstances will Participant be permitted to obtain awards for and Participant hereby waives all rights to claim punitive, incidental and/or consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of Participant, shall be governed by and construed exclusively in accordance with the laws of the State of Indiana without giving effect to any principles of conflicts of law in any jurisdiction and the forum for any dispute shall be in state and federal courts located in Indianapolis, Indiana, United States of America.

 

 

CONTACT

 

Please direct all questions about the PRI Show Contest Program, by email to the following address: jons@performanceracing.com