Official Rules of "Anduril 250™, Win A NASCAR® Race Experience Sweepstakes"
Sponsored by Anduril Industries, Inc. (the “Sponsor” or “Anduril”)
NO ENTRY FEE, INTERNET ACCESS, OR MOBILE DEVICE REQUIRED. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. PURCHASE, INTERNET, OR MOBILE PHONE USAGE DOES NOT IMPROVE ONE’S CHANCE OF WINNING. STANDARD TEXT MESSAGE, DATA RATES, TERMS AND CONDITIONS MAY APPLY.
POTENTIAL WINNER ACKNOWLEDGES THAT IN THE EVENT THE PRIZE SELECTED IS THE NASCAR®-THEMED PRIZE (AS DESCRIBED BELOW), THE NASCAR®-THEMED PRIZE WILL BE MADE AVAILABLE FOR RETRIEVAL FROM SPONSOR’S DESIGNATED FACILITY ON A DATE THAT IS WITHIN SIX (6) MONTHS (THE “NASCAR-THEMED PRIZE DELIVERY DATE”) FOLLOWING THE DATE THE WINNER SELECTS THE NASCAR-THEMED PRIZE AS THEIR CHOSEN PRIZE (THE “PRIZE SELECTION DATE”) AND COMPLETES ALL REQUIREMENTS AS DETAILED IN THESE OFFICIAL RULES. IN ORDER TO CLAIM THE NASCAR PRIZE, THE POTENTIAL WINNER MUST TAKE DELIVERY OF THE NASCAR-THEMED PRIZED WITHIN SIX (6) MONTHS OF THE NASCAR-THEMED PRIZE DELIVERY DATE AND MUST MEET THE SPECIFIC ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES. FAILURE TO DO SO WILL, IN SPONSOR’S SOLE DETERMINATION, RESULT IN FORFEITURE OF THE PRIZE, AND SPONSOR AND/OR ADMINISTRATOR MAY SELECT A NEW WINNER WITHOUT LIABILITY OF ANY KIND.
IN ORDER TO CONSTITUTE A VALID ENTRY FOR THE SWEEPSTAKES VIA INTERNET OR PHYSICAL SUBMISSION, THE SUBMITTED INFORMATION MUST MEET THE REQUIREMENTS SET FORTH IN SECTION 3 BELOW, CONTAINING THE FIRST AND LAST NAME, DATE OF BIRTH, EMAIL ADDRESS, PHONE NUMBER, AND MAILING ADDRESS FOR THE POTETNAIL WINNER.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 17 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, PROHIBITS CLASS ACTION CLAIMS, AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
For purposes of the Sweepstakes, all times refer to Pacific Time (“PT”) and the Sponsor’s computer is the official clock. The ANDURIL 250™, Win A NASCAR® RACE EXPERIENCE Sweepstakes (the “Sweepstakes”) begins on May 31, 2026 at 12:01AM PT and ends on June 21, 2026 at 11:59PM PT (the “Sweepstakes Period”).
1. Agreement to Official Rules. By entering or participating in the Sweepstakes, you accept and agree to be bound by these “Official Rules” and all terms associated with the Prize (if verified as the Prize winner). In the event of any conflict between these Official Rules, any Sponsor terms of service, and any terms of purchase of Sponsor’s products, these Official Rules will govern with respect to the Sweepstakes and disposition of the Prize. You hereby acknowledge and agree that the Prize will be fulfilled by the Sponsor, NASCAR, the Navy (as are defined herein), and Deloitte Touche Tohmatsu Limited (“DTTL”) (the “Administrator”) are not responsible for the lack of or delay in fulfillment of the Prize.
2. Eligibility. The Sweepstakes is open to residents of all fifty (50) states and the District of Columbia (“D.C.”) in the United States that are the age of majority (eighteen (18) years of age in most states or older) as of the date of entry. Entrants must have either a valid Social Security number and/or a valid U.S. Individual Taxpayer Identification Number. Employees of Sponsor, Administrator, Partner Sponsors, and their respective parent companies, affiliates, subsidiaries, officers, directors, advertising, promotion, fulfillment and other coordinating agencies, service providers, prize suppliers, Sponsor’s retailers, Sponsor’s distributors, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Sweepstakes Period, the Indemnified Parties, and their respective immediate family members (i.e. a spouse, domestic partner, child, sibling, or parent) and persons living in the same household (whether related or not), are not eligible to enter or participate in the Sweepstakes. For the avoidance of doubt, persons located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions are not eligible for participation in the Sweepstakes.
3. How to Enter. If you meet all the requirements as provided in Section 2 herein, you may enter the Sweepstakes. You are limited to a single Sweepstakes entry during the Sweepstakes Period. Any attempt by an entrant to obtain more than the stated number of entries/sweepstakes submissions by using multiple/different email addresses, identities, registrations, logins, AI generative technology, or any other methods other than as described herein, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s entries/sweepstakes submissions or excess submissions, in Sponsor or Administrator’s sole discretion. There are two (2) ways you can enter the Sweepstakes (each, an “Entry”):
(a) Anduril.com visit & submission: Entrants must visit the Anduril.com website and follow the link to the ANDURIL 250 Win A NASCAR Race Experience Sweepstakes entry form submission page. The entry form submission page is located at http://anduril.com/NASCAR or https://gear.anduril.com/pages/sweepstakes (“Website”), and sign up by providing your first and last name, email address, mobile phone number and consent to receive sweepstakes and marketing messages via email and SMS text from Sponsor/Partner Sponsors/Administrator. After completing your submission, you will receive an email and an SMS text message confirming receipt of entrant’s submission. Entrants may stop receiving text messages at any time by texting “Stop” to any text received. In order to constitute a valid entry for the Sweepstakes, the receipt must contain the following information and meet the following criteria (“Qualifying Receipt Requirements''):
i. Legal Name (First and Last Name)
ii. Date of Birth
iii. Email Address
iv. Phone Number
v. Mailing Address
(b) Postal Mail: NO PURCHASE NECESSARY TO ENTER. To enter without visiting the Anduril.com website, mail a handwritten standard sized postcard (no larger than 5” x 7”) that legibly provides your first and last name, date of birth, email address, phone number, and mailing address (“Alternate Mail Entry Information”) to the following address (such mailing, the “Alternate Method of Entry”):
ANDURIL 250™ Win A NASCAR Race Experience Sweepstakes
1400 Anduril,
Costa Mesa, CA 92626
One (1) postcard will result in a single Entry. Alternate Method of Entries must be mailed separately, postmarked by June 22, 2026 and received by June 29, 2026. Any Alternate Method of Entry received that is not legible will not be a valid Entry. No mass produced typed/copied/printed reproductions of Alternate Method of Entry will be accepted.
Proof of submitting an Entry will not be deemed by Sponsor as proof of receipt or entry into the Sweepstakes. All required information, Qualifying Receipt Requirements and Alternate Mail Entry information (collectively, “Entry Information”) must be completed in full, be accurate and valid. The Entry Information must match the information of the entrant that completed the act of physically entering the Sweepstakes. Entrants can enter via both methods/mechanisms described above, however only one (1) Entry can be received by one (1) entrant.
4. Prize Drawing: The winner of the Sweepstakes will be chosen at random from among all eligible Entries no later than July 17, 2026 at 11:59PM PT. The potential winner will be notified on or around July 17, 2026 at the email address or phone number associated with the selected Entry or such other method specified by Administrator and will be required to answer eligibility questions. Administrator will make three (3) notification attempts within a period of two (2) business days. Potential winner(s) will have three (3) business days to respond to the notification. Sponsor reserves the right to make a public announcement announcing the winner in any manner it deems reasonably appropriate (such as via website, social media and/or similar platform). An alternate potential winner will be selected if the initial (or subsequently selected potential winner if the initial potential winner is deemed ineligible): (a) cannot be located; (b) fails to confirm that they are claiming the Prize within three (3) business days of notification of being selected as the potential winner; or (c) fails to comply with or otherwise complete all requirements for eligibility set forth in these Official Rules (collectively, the “Eligibility Requirements”). This selection of the winner and notification process shall continue until a winner is confirmed if the alternative winner(s) is/are unable to claim the Prize. The random selection is final and binding. Neither Sponsor, the Indemnified Parties, nor Administrator assumes any responsibility for undeliverable emails or communication (e.g., resulting from any form of active or passive filtering by an email/mobile client or for insufficient space in an email/mobile account to receive an email).
5. Eligibility Requirements: Potential winner(s) will be required to sign, have notarized, and return an original, unmodified Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release (collectively “Affidavit/Release”), an IRS W-9 Form, a Background Authorization Form, and any other documentation that Sponsor or Administrator requires within five (5) days after receipt by potential winner(s) or such potential winner(s) may be disqualified and an alternate potential winner(s) may be selected. When the Sponsor or Administrator contacts a potential winner and determines that he/she/they have met all Eligibility Requirements of the Sweepstakes, such individual will be declared the “winner” of the Sweepstakes. The Eligibility Requirements are as follows: (a) the execution of all required waivers, publicity and liability releases and disclaimers; and (b) successful completion and clearance of a background check. The results from the background check must be satisfactory, in Sponsor’s sole and absolute discretion. The winner must complete all of the foregoing within five (5) days following notification of being a potential winner of the Sweepstakes. ANY POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, IN ITS SOLE DISCRETION, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THAT ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH ALL REQUIREMENTS TO CLAIM THE PRIZE HAVE BEEN VERIFIED AND FULFILLED PURSUANT TO THESE ELIGIBILITY REQUIREMENTS, AND THE ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
6. Prizes: The Prize to be awarded from the Sweepstakes is either (a) a Gen-6 Chevrolet (collectively, “NASCAR®-Themed Prize”), or (b) $250,000 cash (collectively, “Cash Prize”). The prize that is ultimately chosen by the winner will be referred to as the “Prize”. The winner has three (3) days from the date he/she/they receive the Affidavit/Release, to confirm which Prize they choose, and once confirmed, the winner may not change the Prize, without the express written consent of Sponsor. If the winner elects to receive the NASCAR-Themed Prize, the winner acknowledges that the NASCAR-Themed Prize will be made available for retrieval from the specified Sponsor facility by the NASCAR Delivery Date. The NASCAR will be stored for up to six (6) months in the specified Sponsor facility and must be retrieved within such a time period by the winner (the “NASCAR Pick-up Period”). FAILURE TO RETRIEVE THE NASCAR-THEMED PRIZE WITHIN THE NASCAR-THEMED PRIZE PICK-UP PERIOD OR COMMUNICATION FROM WINNER THAT IT WILL NOT PICK-UP THE NASCAR-THEMED PRIZE DURING SUCH PERIOD DESPITE SELECTING THE NASCAR-THEMED PRIZE, WILL RESULT IN FORFEITURE OF THE PRIZE, AND SPONSOR MAY SELECT ANOTHER POTENTIAL WINNER.
The odds of winning the Prize depends on the total number of eligible Entries received. Sponsor and the Indemnified Parties will not replace the Prize if it is lost or stolen (whether it be the NASCAR-Themed Prize or the Cash Prize ). The winner is solely responsible for all costs and expenses associated with shipping, insuring, storing (e.g., in a hangar, except as set forth in Section 6 above), maintaining, and handling the NASCAR-Themed prize, all required certification(s), permits, licenses and any other legally-required permissions, consents and/or documentation, as well as any and all federal, state, and local taxes, if any, that apply to the Prize (whether the NASCAR-Themed Prize or the Cash Prize, as applicable based on what the winner elected to receive). You agree to provide Administrator and/or Sponsor with any additional information and complete any required tax or other forms relating to your receipt of the Prize.
Total Approximate Retail Value ("ARV") of the NASCAR-Themed Prize is up to $250,000. The Total ARV of the Cash Prize is $250,000. The total ARV of all prizes is up to $250,000.
All expenses associated with the receipt or use of the Prize not specifically mentioned as being included are excluded and are the sole responsibility of the winner. Prize is not transferable. However, Sponsor may, in its sole discretion choose to substitute a Prize (or prize component) of equal or greater value due to unavailability or for any other reason.
All federal, state, or other tax liabilities (including but not limited to income taxes) arising from participation in the Sweepstakes or award of any prize will be the sole responsibility of the winner, unless otherwise stated in Section 4. If prize value is $600 or more, winner(s) will be issued an IRS Form 1099-MISC from the Sponsor(s) or Sponsor’s designee for the total ARV of the prize won (as stated herein) in the calendar year won.
7. DISCLAIMERS & LIMITATION OF LIABILITY.
(a) NEITHER SPONSOR, PARTNER SPONSOR, NASCAR, LLC, THE NAVY, HMS HOLDINGS, LLC, HENDRICK PERFORMANCE, LLC, NOR ADMINISTRATOR IS RESPONSIBLE FOR (I) LATE, TAMPERED WITH, FORGED, DELETED, LOST, MISPLACED, STOLEN, DESTROYED, DROPPED, INACCESSIBLE, CORRUPTED, JUMBLED, DELAYED, DAMAGED, POSTAGE-DUE, INCOMPLETE, ILLEGIBLE, GARBLED, MECHANICALLY DUPLICATED AND MASS MACHINE PRINTED, MUTILATED, MISDIRECTED OR UNDELIVERABLE ENTRIES, RESPONSES, OR OTHER CORRESPONDENCE, WHETHER BY EMAIL, ADDITIONAL DIGITAL TRANSMISSIONS, POSTAL MAIL OR OTHERWISE; (II) THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATIONS OF ENTRY MATERIALS OR ENTRIES; OR (III) PHONE, ELECTRICAL, NETWORK, COMPUTER, HARDWARE, SOFTWARE PROGRAM OR TRANSMISSION MALFUNCTIONS, INCLUDING ANY TECHNICAL OR MECHANICAL ERROR WHEN TRANSMITTING SMS TRANSMISSIONS, PUSH NOTIFICATIONS AND/OR MOBILE ALERTS, FAILURES OR DIFFICULTIES OR ANY TECHNICAL HARDWARE OR SOFTWARE FAILURES OF ANY KIND, WHICH MAY LIMIT A PERSON’S ABILITY TO PARTICIPATE IN THE SWEEPSTAKES.
(b) THE PRIZES ARE PROVIDED “AS IS.” SPONSOR, PARTNER SPONSOR, NASCAR, THE NAVY, HMS HOLDINGS, LLC, HENDRICK PERFORMANCE, LLC, AND ADMINISTRATOR SPECIFICALLY DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. IN NO EVENT WILL SPONSOR, NASCAR, THE NAVY, HMS HOLDINGS, LLC, HENDRICK PERFORMANCE, LLC, NOR ADMINISTRATOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, INCLUDING (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUCTED TRANSACTIONS OR (II) SERVER FAILURE OR DATA LOSS WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR, PLATFORM OR ADMINISTRATOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Indemnification. You agree to release, indemnify, defend and hold Sponsor, HMS Holdings, LLC, Hendrick Performance, LLC, the Indemnified Parties as defined herein, Partner Sponsors, Administrator, and such parties’ respective parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Sweepstakes, harmless, from and against any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Sweepstakes including, without limitation: (a) any condition caused by events beyond Sponsor’s, the Indemnified Parties’ Partner Sponsors’, or Administrator’s control that may cause the Sweepstakes to be disrupted or corrupted; (b) the Prize, or acceptance, possession, or use/misuse or defects of the Prize; (c) participation in the Sweepstakes; (d) human error; and (e) any printing or typographical errors in any materials associated with the Sweepstakes. Sponsor and the Indemnified Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused by or have contributed to (1) any wrongful, negligent or unauthorized act or omission on the part of a Prize supplier (if applicable) or any of its agents, servants, employees or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies.
9. Publicity. Except where prohibited by law, by participating in the Sweepstakes and/or winning the Prize, you irrevocably consent to the use of your name, image, photograph, likeness, biographical information, Entry, statements attributed to you (if true) and any video footage related to the Prize, for Sponsor’s and its affiliates’ advertising, promotional and/or other commercial and archival purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation. You also consent to the Sponsor’s and Administrator’s putting your name on a winner’s list. Please note that Administrator, Partner Sponsors and/or Sponsor may not acknowledge or return any Entries.
10. Additional Conditions. Sponsor, Partner Sponsors, HMS Holdings, LLC, Hendrick Performance, LLC, and Administrator reserve the right, in their sole discretion, to terminate, modify or suspend the Sweepstakes in whole or in part, if in Sponsor’s opinion: (a) the Sweepstakes is not capable of running as planned by reason of the occurrence of any event beyond its control, including, without limitation, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s, Partner Sponsors’, or Administrator’s control; or (b) any other factors beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, in all instances without liability to the entrants. If, for any reason, the Sweepstakes is not capable of running as originally planned, Sponsor will instruct the Administrator to conduct a random drawing and award the Prize from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by the Sponsor or award the Prize in a manner that is fair and equitable. Notice of such action by the Sponsor will be posted on the Website. Sponsor, Partner Sponsors, and Administrator also reserve the right to disqualify any entrant or winner, as determined by Sponsor or Administrator, in its sole discretion, who is found to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or tamper with the Sweepstakes will be prosecuted and is not eligible for the Prize. The Prize is for personal consumption only and may not be resold or otherwise used for commercial purposes.
11. Personal Information. Sponsor, Partner Sponsors, HMS Holdings, LLC, Hendrick Performance, LLC, or Administrator may collect personal data about entrants online in accordance with its privacy policies and as may be more specifically set forth in these Official Rules. Please review these Official Rules and Administrator’s, Partner Sponsors’, and Sponsor’s respective privacy policies, which can be found at https://gear.anduril.com/policies/privacy-policy. Entrants understand, agree, and consent that any personally identifiable information provided to the Sponsor, Partner Sponsors, or the Administrator may be retained and used for the purposes of this Sweepstakes (including as applicable but not limited to any applicable record keeping, tax forms, state registrations, and/or any prize fulfillment related obligations). The Administrator does not and will not sell the personally identifiable information of any entrant or winner. Furthermore, the Administrator will not share or disclose any personally identifiable information to any third-party company or business unrelated to the Sweepstakes. In addition, by participating in this Sweepstakes participant’s consent to opting in to receive further communication (i.e., e-mails, specific offers, etc.) from Hendrick Motorsports in accordance with Hendrick Motorsports' Privacy Policy available at https://www.hendrickmotorsports.com/privacy.. Entrants may opt-out of receiving further communication from Hendrick Motorsports at any time.
12. Rules/Name of Winner: For the name of the winner or for a copy of these Official Rules, send an email to support@gear.anduril.com with the name of the Sweepstakes and “Winner List” or “Rules” (specify which) in the subject line. All email requests must be received no later than two (2) months after the end date. The Official Rules will be available on the Website, during the entire Sweepstakes. Name of the winner may also be posted on the Website.
13. Sponsor: Anduril Industries, Inc. 1400 Anduril, Costa Mesa, CA 92626.
14. Contact. If you have any questions relating to the Sweepstakes, you may contact the Sponsor or Administrator via email at: support@gear.anduril.com with the name of the Sweepstakes and “Question” (specify which) in the subject line.
15. General Terms. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal by a tribunal of competent jurisdiction, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s, Partner Sponsors’, or Administrator’s failure to enforce any provision of these Official Rules will not constitute a waiver of that term or any other provision of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. All federal, state and local laws and regulations apply. These Official Rules and the Sweepstakes in general shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice of law or conflict of laws rules.
16. Binding Arbitration. Except where prohibited by law, you agree that ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR THE PRIZE AWARDED SHALL BE RESOLVED
INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, (shall be settled first by mediation and, if necessary, by binding arbitration administered by the American Arbitration Association (AAA) under its Comprehensive Arbitration Rules and Procedures. The arbitration will be conducted by one impartial arbitrator selected by AAA, with costs shared equally by the parties, and hearings will take place in Orange County, California. The federal rules of civil procedure shall apply, and the arbitrator's findings will be final and binding. The prevailing party may recover attorneys' fees and costs, including expert witness fees. Any arbitration award may be enforced exclusively in a court with jurisdiction over Orange County, California, where the parties waive any immunity and submit to personal jurisdiction, acknowledging the transactions as commercial under U.S. law. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court).
NASCAR®-THEMED PRIZE: ADDITIONAL TERMS & CONDITIONS
17. Retrieval of NASCAR-THEMED PRIZE. Upon winner’s selection of the NASCAR-Themed Prize, Sponsor will arrange to have the NASCAR-Themed Prize available for collection from a designated Sponsor facility. Winner shall inspect and accept delivery of the NASCAR-Themed Prize at the designated Sponsor facility within six (6) months of the NASCAR-Themed Prize Delivery Date.
18. LIMITATION OF LIABILITY. IN THE CASE OF DAMAGES PROXIMATELY CAUSED BY SPONSOR REGARDING THE NASCAR-THEMED PRIZE AND ITS DELIVERY AND CONDITION, SPONSOR, PARTNER SPONSORS, NASCAR, THE NAVY, HMS HOLDINGS, LLC, HENDRICK PERFORMANCE, LLC, AND ADMINISTRATOR SHALL NOT BE LIABLE TO WINNER, OR ANY OTHER PERSON, FIRM OR ENTITY CLAIMING BY, THROUGH, OR UNDER WINNER, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, BUSINESS, DATA, OR PROFITS), WHETHER OR NOT ARISING FROM CONTRACT, IN TORT, STRICT LIABILITY OR THE NEGLIGENCE OF SPONSOR, PARTNER SPONSORS, NASCAR, THE NAVY, OR ADMINISTRATOR.
19. Regulatory Compliance. At the time of delivery and acceptance, winner shall be in compliance and will comply with the Bank Secrecy Act of 1970, as amended or extended from time to time, USA PATRIOT Act of 2001, Pub. L. No. 107-56, as amended or extended from time to time, export restrictions, and further winner shall not be a person with whom U.S. persons or entities are restricted from doing business under regulations of Office Foreign Asset Control (including those listed on any denied persons list, entities list, debarred list or terrorist list in each case issued or administered by the U.S. Department of Commerce, Bureau of Industry and Security, or by the U.S. Department of State, Directorate of Defense Trade Controls or under the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism or have been or be engaged in any dealings or transactions or otherwise be associated with such persons or entities in violation of applicable law, or be included on any other United States Governmental list of prohibited or restricted parties or located in a country which is comprehensively sanctioned by the United States. In no event shall winner be a person with whom Sponsor is prohibited from transacting business or delivering the Car by any law or regulation of the United States.
20. Additional Indemnity. Winner agrees to indemnify and hold harmless Sponsor, Partner Sponsors, HMS Holdings, LLC, Hendrick Performance, LLC, and Administrator and each of its respective affiliates (consisting of entities, that are directly or indirectly controlling, controlled by or under common control of Sponsor, Partner Sponsors, and Administrator), their members, officers and directors (“Indemnified Parties”) from any claim, suit, damage, cost or expense (including but limited to reasonable and documented attorneys’ fees) asserted by any third party against an Indemnified Party based on the ownership, operation, or the subsequent transfer of the NASCAR-Themed Prize by Sponsor to winner, or that may otherwise arise out of the use or non-use of the NASCAR-Themed Prize.
21. Taxes. Winner shall be responsible for the payment of any and all use, stamp, excise, property or other taxes assessed or levied by any taxing authority on or related to the use, ownership, operations, or storage of the NASCAR-Themed Prize imposed after acceptance and delivery. Winner acknowledges that delivery and acceptance shall occur within the continental United States at such location as Sponsor may indicate and winner shall execute and provide Sponsor with any applicable exemption from sales tax as may apply prior to delivery and acceptance.
22. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, LLC. NASCAR, LLC, HMS Holdings, LLC, Hendrick Performance, LLC, and the Navy are not sponsors of this promotion. The stylized 24® is a registered trademark of HMS Holdings, LLC.