Fan Rewards Terms Of Use

NASCAR® FAN REWARDS™

Program Terms & Conditions

 

Eligibility & Participation

1.    NASCAR Fan Rewards (the “Program”) is a free rewards program offered by National Association for Stock Car Auto Racing, LLC (“NASCAR”) to individuals age 18 or older who are legal residents of the 50 United States, the District of Columbia or Canada, and who are located within the U.S. or Canada.

2.    Enroll online at nascar.com/fanrewards, or through the “Fan Rewards” sections of the NASCAR Mobile or NASCAR Track Apps (collectively, the “Program Website”).  Limit one Program account per individual. A unique participant ID will be assigned upon enrollment with online or mobile account activation. By enrolling in the Program, you agree to these Terms & Conditions (“Program Terms”).  Existing nascar.com registrants will need to opt-in to the Program using their existing online credentials and accept these Program Terms to enroll in the NASCAR Fan Rewards program.

3.    Employees of NASCAR, its affiliates, tracks, and Official Partners are eligible to participate in the Program, but may be restricted from some earning types as described below and are not eligible to participate in any sweepstakes, contests and drawings that may be offered. 

Program Year Period

4.    The standard Program year period for earning is defined as January 1 – December 31 (“Program Year”).

5.    Points earned by Program participants (“Reward Points”) in the U.S. must be redeemed by a participant during the same Program Year in which the Points were earned.  Unused Reward Points will expire at 11:59pm PST, on each December 31, at the end of each Program Year, with the exception of Reward Points earned in 2022, which will roll over into the 2023 Program Year.  Thereafter, all Reward Points for U.S. residents will expire at the end of each Program Year.

6.    Reward Points awarded to participants in Canada shall expire when and if a participant fails to redeem any Reward Points from the participant’s account for a period of twelve (12) months, calculated from either the date of the last Reward Point redemption by that participant or January 1, 2023, whichever is later.

7.    NASCAR reserves the right to modify the Program Year at any time, and the earning and expiration rules associated with it.  Any such changes will be posted on the Program Website and will become effective immediately upon posting, unless otherwise stated.

Program Tier Levels & Benefits; Reward Points & Tier Points

8.    Reward Points are points earned via earning opportunities outlined in Section 21.  Reward Points are only redeemable in the NASCAR Fan Rewards Catalog.  Reward Points for U.S. participants expire as described in Section 5.  Reward Points for Canadian participants expire as described in Section 6.

9.    Tier Points are earned at a 1:1 ratio on base Reward Points and are not redeemable.  Tier points track progress throughout the calendar year to each tier level.  Tier points for all participants expire on December 31st, except that Tier Points earned in 2022 will roll over into 2023. Thereafter, all Tier Points for all participants will expire at the end of each Program Year.

10. There are three Tier Levels of participant accounts: Rookie, All-Star and Champion (each a “Tier Level”).

11. Rookie: All participants automatically begin at the Rookie level upon enrollment. A participant will remain a Rookie, unless and until the participant earns 1,500 Tier Points in a single Program Year to move to the next Tier.

12. All-Star: A participant achieves All-Star level upon earning 1,500 Tier Points through qualified participant activity during one Program Year.  A participant will stay at the All-Star level for the remainder of the Program Year in which the participant qualifies and the following full Program Year; after which, annual requalification is required.  If a participant does not earn at least 1,500 Tier Points during a Program Year in order to maintain the All-Star level, the participant will revert back to Rookie level for the following Program Year.

13. Champion: A participant achieves Champion level upon earning 3,000 Tier Points through qualified participant activity during one Program Year.  A participant will stay at the Champion level for the remainder of the Program Year in which the participant qualifies and the following full Program Year; after which, annual requalification is required.  If a participant does not earn at least 3,000 Tier Points during a Program Year in order to maintain the Champion level, the participant will revert back to either Rookie level or All-Star level, as applicable, for the following Program Year.

14. Tier Points are earned at a 1-to-1 value for every standard Reward Point earned, as described below.  Tier Points have no redemption value and are used solely for the purpose of determining a participant’s Tier Level based on their activity during a Program Year.

15. For participants in the Rookie Tier Level, your Tier Points and your Reward Points will be the same. 

16. Participants in the All Star and Champion Tier Levels receive bonus Reward Points (but not Tier Points), with All Star participants receiving a 10% Reward Point bonus and Champion participants receiving a 25% Reward Points bonus.  See the discussion of bonus Reward Points in Section 25 below for more details.

17. The All-Star and Champion Tier Levels may have access to additional benefits, which will be explicitly defined on the Program Website.

18. The type, timing and availability of participant benefits will be solely determined by NASCAR.  NASCAR may alter, limit, or modify tier benefits and rules without prior notice, except that any changes or updates will be posted on the Program Website upon adoption.

Earning Reward Points

19. A participant can begin earning Reward Points immediately upon enrollment in the Program.  No Reward Points will be awarded to a participant for activities or transactions that occurred prior to the date and time of the participant’s enrollment in the Program.

20. Log in to your NASCAR Fan Rewards account to earn Reward Points: In order to receive Reward Points, you must be 1) logged in to your NASCAR Fan Rewards account when taking the action for eligible earning, OR 2) use the email address associated with your NASCAR Fan Rewards account when partaking in a qualified activity. It may take up to five (5) business days after the qualified activity for your Reward Points earnings to be applied to your account.

21. Ways to earn Reward Points: NASCAR may change or modify ways to earn Reward Points, the number of Reward Points awarded for any activity, the maximum number of times Reward Points may be earned for any given activity and other details of the Program in its sole discretion at any time.  Changes to the earning opportunities will be posted on the Program Website.  Earn Reward Points for the following activities:  

                                               i.     Complete your NASCAR Fan Rewards profile (nascar.com/fanrewards) (250 Reward Points) (limit once per participant for the life of the Program)

                                                             ii.      Subscribe to a NASCAR Newsletter (nascar.com/newsletters) (50 Reward Points) (limit once per participant for the life of the Program)

                                                           iii.      Join NASCAR Fantasy Live (nascar.com/fantasy) (100 Reward Points) (limit once per participant for the life of the Program)

                                            iv.     NASCAR Race Online Digital Check-ins (nascar.com/fanrewards) (50 Reward Points each) (limit one per race; maximum one check in per race per series in a Program Year)

                                             v.     Coming in 2023: NASCAR Track Check-ins at select tracks (NASCAR Track Mobile Application) (250 Reward Points each) (limit once per participant per Race; maximum ten times earned in a Program Year) (not available to employees of NASCAR, its affiliates, tracks and Official Partners)

                                                           vi.      Active NASCAR Scanner Subscription (nascar.com/scanner) (50 Reward Points each) (maximum six times earned per Program Year)

                                                         vii.      Active Mobile Premium Subscription (nascar.com/mobile) (50 Reward Points per month) (maximum six times earned per Program Year)

                                         viii.     Advance Online Purchase of NASCAR Race Tickets at select tracks (nascar.com/tickets) (100 Reward Points per transaction) (maximum two times earned per month)

                                            ix.     Advance Online Purchase of Race Scanner Rental (racingelectronics.com) (50 Reward Points each) (maximum ten times earned per Program Year)

                                             x.     Advance Online Purchase of NASCAR Track Campsite at select tracks (nascar.com/camping) (150 Reward Points) (maximum two times earned per Program Year)

                                            xi.     Purchase of NASCAR Merchandise (store.nascar.com) (earn 50 Reward Points per transaction) (maximum one time earned per participant per month)

                                           xii.     Visit NASCAR Hall of Fame and receive a code at welcome center (100 Reward Points) (limit once per participant per Program Year)

                                                       xiii.      Donation to NASCAR Foundation (nascarfoundation.org) (50 Reward Points with minimum $25 donation) (limit once per participant per Program Year)

22. Tracking Your Points: Keep track of the Reward Point earning opportunities that you have already used and those that are still available to you by visiting the Earn section on nascar.com/fanrewards.

23. Earning Exclusions: No Reward Points will be earned through the payment for goods or services on location at a race track. The only partner purchases that qualify for earning are those made through 3rd-party entities who are NASCAR Participating Partners (defined in Section 46). 

24. Race and Race Track Check-ins: A participant is eligible to earn “Check-in” Reward Points once (1) for each race event. You may not earn Reward Points for a Track Check-In and a Digital Check-In for the same race.

25. Bonus Points: Participants in the All Star and Champion Tier Levels receive bonus Reward Points (but not Tier Points), with All Star participants receiving a 10% Reward Point bonus and Champion participants receiving a 25% Reward Point bonus.  The following table provides an example of how this works:

 

Tier Level

Rookie

All-Star

Champion

Reward Point Bonus

0

10%

25%

Reward Points for a Digital Check-in/watching Race @ Home

50

55

63

Tier Points for Digital Check-in/watching Race @ Home

50

50

50

 

26. Point Rounding: Points will be rounded to the nearest full point in the case of point fractioning.  If an earning activity results in a point fraction of 0.49 or below, that point will be rounded down.  If an earning activity results in a point fraction of 0.50 or above, that point will be rounded up.

27. Household / Pooling of Points: Household pooling or sharing of Reward Points for Reward redemptions is not permitted.

 

Redeeming Reward Points in the NASCAR Fan Rewards Catalog

 

28. The NASCAR Fan Rewards Catalog at the Program Website (https://rewards.nascar.com) is the marketplace for NASCAR Fan Reward Point redemption.  Redeem your Reward Points for merchandise, tickets, experiences, and other options (“Rewards”) as more fully described in the NASCAR Fan Rewards Catalog.  Only Program participants will have access to the NASCAR Fan Rewards Catalog via the Program account log-in to the Program Website.  You must be a registered account holder in good standing to redeem Reward Points for Rewards.

29. Reward Points have no cash value and may not be redeemed for cash.  You must have a sufficient number of Reward Points in your account and be eligible to redeem a desired Reward.

30. NASCAR may in its sole discretion, allow Reward Points to be redeemed for other benefits or Official Partner items from time to time in its sole discretion.  Details of any such offer will be provided on the Program Website.

31. Reward Availability: All NASCAR Fan Rewards offers are for a limited time. Rewards are offered on a first come, first served basis and there is no guarantee of availability of any particular Reward at any particular time. The types of Rewards available during the Program Year will vary and are at the discretion NASCAR and its partners.  Redemption quantity limits may apply based on the Reward.  Your NASCAR Fan Reward Points will be deducted from your account at time of the Reward redemption.  Note that Reward Point redemption reduces the Reward Points in your account but does not impact your Tier Points.

32. Reward Restrictions: Some Rewards in the NASCAR Fan Rewards Catalog may not be available to you based on your age, location, and/or Tier Level, or any other factor (or combination of factors), as determined by NASCAR in its sole and absolute discretion.  If you are not eligible to redeem a particular Reward, the transaction will not go through, and those Reward Points will not be removed from your Program account.

33. Reward Redemption & Use: Reward Point redemptions for NASCAR Fan Rewards signifies participant’s opt-in to the particular Reward Terms for that Reward found in the description of the Reward in the NASCAR Fan Rewards Catalog.  It is the responsibility of the participant to read and understand all terms of use for the Reward prior to redeeming points for the Reward.  Some Rewards experiences may require participants to sign and return publicity and/or liability releases before using the Reward, which will be disclosed in the Reward-specific terms.  Rewards are non-returnable and non-refundable.  Rewards are non-transferable unless otherwise specified in the Reward Terms.  Rewards have no cash value.  Rewards may be subject to change, alteration, substitution, or termination by NASCAR in its sole discretion at any time.  NASCAR is not responsible for lost, stolen, or damaged Rewards.  The participant is solely responsible for any taxes, shipping costs and fees incurred when redeeming the Reward.  Participants are solely responsible for any and all tax liability arising from redemption of NASCAR Fan Rewards Points.  NASCAR may be required to issue an IRS Form for the value of the Rewards provided to U.S. participants in compliance with the Internal Revenue Code.  NASCAR will also comply with any tax reporting that may be required for Canadian participants, as appropriate.  If your Reward redemption is not completed during your active user session and the Reward remains in your check-out cart, the Reward may not be available when you return to check out upon next login.

34. Rewards Expiration: Some Rewards may be subject to expiration dates, in which case the expiration date will be disclosed in the Reward Terms. It is the sole responsibility of the participant to use the Reward prior to its expiration date.  If a Reward expires and was not used, the Reward will not be replaced, and the Reward Points used to redeem the Reward will not be refunded.

35. Shipping of Rewards: Merchandise Rewards will only be shipped to addresses within the U.S. or Canada.  The redeemer of the Reward is responsible for all shipping and fees associated with the Reward delivery.

36. Reward Point Expiration: NASCAR Reward Points for U.S. participants must be used during the Program Year in which they were earned, except for any Reward Points earned in 2022, as described in Section 5. All unredeemed NASCAR Reward Points for U.S. participants will expire at 11:59pm PST on December 31 of the Program Year.  Reward Points for Canadian participants will expire when and if there are no Reward Point redemptions in that participant’s account for a period of twelve (12) months, as described in Section 6.

37. Point Forfeiture: NASCAR Reward Points will be forfeited if your account is revoked or otherwise cancelled by NASCAR for misconduct, fraud, or misuse, as determined in its sole discretion.

38. Point Adjustment Requests: If a participant believes that Reward Points are owed, but were not awarded, a participant may request a review for consideration of a point adjustment.  All requests must be submitted via the webform available at the Program Website within 30 days of when the qualified activity occurred.  Upon validation of any requested documentation, and upon account verification, NASCAR may (in its sole discretion) adjust the participant’s account to reflect the associated Reward Points.  NASCAR shall have no obligation to consider untimely requests for Reward Point adjustments or to consider requests made other than by this online process.

 

Digital Badges

39. Digital badges (“Digital Badges”) are an engagement achievement component of the NASCAR Fan Rewards Program.  Digital Badges cannot be redeemed for Rewards and have no cash value.

40. Some Digital Badges are associated with activities to earn Reward Points, in which case the participant will receive the associated Reward Points and the Digital Badge for that activity.

41. Other Digital Badges will be earned by participating in defined challenges and quests set by scheduled Program marketing activities.

42. Badge Types: There are different types of Digital Badges that are available as part of the NASCAR Fan Rewards Program.  Digital Badges can be lifetime badges that can only be earned once, annual badges that can be earned annually, and promotional badges that are offered as part of a promotion or campaign for a limited time.  

43. Digital Badge Eligibility: All Program participants are eligible to earn Digital Badges based on qualified participant activity.  Some Digital Badges may be restricted to select participant groups and / or Tier Levels.  In order to receive a Digital Badge, you must be 1) logged in to your NASCAR Fan Rewards account when taking the action for eligible earning, OR 2) use the email address associated to your NASCAR Fan Rewards account when partaking in a qualified transaction on a Participating Partner (defined in Section 46) website.  It may take up to five (5) business days after the qualified activity for your Digital Badge to be applied to your account.

44. Ways to Earn Digital Badges: Program participants can earn Digital Badges by completing challenges that are offered to the participant via their NASCAR Fan Rewards account.  NASCAR may change or modify ways to earn Digital Badges at any time.  To see a full list of Digital Badge earning opportunities as a participant, log in to your Program account.  Examples of Digital Badges include, but are not limited to, the following:

a.    NASCAR Fan Rewards Profile Badge

b.    Track Check-in Badge

c.     Race Check-in Badge

d.    Online Ticket Purchase Badge

e.    Online Scanner Rental Badge

f.      Online Campsite Purchase Badge

g.    NASCAR Hall of Fame Badge

h.    NASCAR Scanner Subscriber Badge

i.      NASCAR Mobile Premium Badge

j.      NASCAR Fantasy Live Badge (for joining)

k.     NASCAR Foundation Badge

l.      NASCAR Newsletter Badge

m.   NASCAR Fantasy Live Racing Streak Badge(s) (participation)

n.    NASCAR Fanatics Shop Badge

o.    NASCAR Fan Rewards Catalog Badge

p.    NASCAR Cup Series Badge

q.    NASCAR Xfinity Series Badge

r.      NASCAR Camping World Truck Series Badge

s.     Rookie Badge

t.      All-Star Badge

u.    Champion Badge

v.     Birthday Badge

45. Digital Badges are for entertainment and engagement in the Program so NASCAR may or may not, in its sole discretion, display Digital Badges in a participant’s account. 

Participating Partners

46. The following is a list of participating venues and/or partners in the NASCAR Fan Rewards Program (each a “Participating Partner”).  Advanced purchases and other defined activities associated with these partners may result in earning Reward Points in the Program.  See the Program Website for specific details.  Advanced purchases or other activities associated with entities not listed here or on the Program Website are excluded from earning Reward Points.  NASCAR reserves the right to add or remove venues and partners from this list at any time.  Please refer to the Earn page of the Program Website for updates on weekly earn opportunities.

a.      Atlanta Motor Speedway

b.      Auto Club Speedway

c.       Bristol Motor Speedway

d.      Charlotte Motor Speedway

e.      Chicagoland Speedway

f.        Darlington Raceway

g.      Daytona International Speedway

h.      Dover Speedway

i.        Homestead-Miami Speedway

j.        Kansas Speedway

k.      Kentucky Speedway

l.        Las Vegas Motor Speedway

m.    Martinsville Speedway

n.      Michigan International Speedway

o.      NASCAR Hall of Fame 

p.      Nashville Superspeedway

q.      New Hampshire Motor Speedway

r.       Phoenix Raceway

s.       Pocono Raceway

t.       Richmond Raceway

u.      Sonoma Raceway

v.      Talladega Superspeedway

w.    Texas Motor Speedway

x.       Watkins Glen International

47. Employees of NASCAR, its affiliates, Official Partners, and tracks are not eligible to earn Reward Points for NASCAR Track Check-ins on location through the NASCAR Track Mobile Application.

48. Participation in the NASCAR Fan Rewards Program does not guarantee any rights or benefits in any separate loyalty program of a NASCAR partner/venue, unless explicitly defined by NASCAR and the partner.

49. Partners of NASCAR may also have loyalty programs, but these are separate from NASCAR Fan Rewards and are governed by their own program rules.

Termination and / or Removal from Program

50. NASCAR reserves the right to suspend a participant’s account and/or remove Reward Points and Tier Points from a participant’s account if it discovers or suspects that a participant has not complied with these Program Terms or has otherwise abused or manipulated the Program in any way, as determined in its sole discretion. In particular, any abuse, manipulation or “gaming” of the Program or its rules (as determined by NASCAR), failure to follow any terms of the Program, any misrepresentation, or any conduct detrimental to the interests of NASCAR not otherwise protected by law may subject participants to account revocation or deduction of Reward Points and may affect eligibility for further participation in the Program. The use of any bots or other automated systems to generate Reward Points, or the use of multiple e-mail addresses or identities to create more than one account, or any conduct in violation of the Terms of Use of the nascar.com website may cause termination of the Program account and the immediate revocation of any and all Reward Points associated with that account, in NASCAR’s sole discretion.

51. A participant’s account is non-transferable and Reward redemptions using available Reward Points must be made by the participant. Participants are solely responsible for the security of their accounts and for all activity conducted with their account.  If an account is revoked or otherwise cancelled for any reason, any and all NASCAR Fan Reward Points and Tier Points in the account will automatically expire.

52. Participants may withdraw from the Program at any time by contacting Customer Care via email at cs_escalations@nascar.com or by phone: 1-800-630-0535.  If a participant withdraws from the Program and closes the account, any and all NASCAR Fan Reward Points and Tier Points in the account will automatically expire.  See Notice of Financial Incentive [JA1] in the privacy statement for additional information. 

 

Publicity Release 

53. Details about a participant’s Program account, including but not limited to the participant’s name, display name, photograph, image, comments, Digital Badges, Tier Level, Rewards Points and other Program information, will not be shared or made publicly accessible, but will only be accessible to the participant associated with that account on the Program Website dashboard (including through the NASCAR Mobile and Track apps).  By registering for the NASCAR Fan Rewards Program, each participant hereby grants to NASCAR the right to post, display and otherwise use the participant’s name, display name, photograph, image, comments, Digital Badges, Tier Level and other Program information on the Program dashboard for the benefit of the applicable participant.  Some Rewards experiences may require a publicity release in order to participate in that Reward, in which case the description of the Reward will provide details, as discussed in Section 33.  All personal information of Program participants is subject to the NASCAR privacy statement, pursuant to Section 59 below.

Program Website Usage

54. By creating a Program account, participants agree to these Program Terms and to the terms of use of the nascar.com website generally, which are incorporated herein by reference and can be found at this link: https://www.nascar.com/terms-of-use/.  

55. Participants may post or share information about their participation in the Program, any Digital Badges earned, Rewards redeemed, and/or other details about their participation in the Program on their personal social media profiles, if desired, however, participants may not modify the Digital Badge images or any other trademarks or copyrights of NASCAR or any Participating Partners (as defined in Section 46) and must not display any such images or trademarks in a way that suggests sponsorship, endorsement, or a false association with NASCAR or its Participating Partners.  Participants may not otherwise copy, reproduce, alter, modify, create derivative works from, or publicly display any content from the Program Website without prior, express written permission of NASCAR. Nothing in the Program grants any participant any ownership rights or other rights to use, transmit, distribute, or display the name, trademarks, service marks, logos, copyrights, or other intellectual property of NASCAR, the NASCAR Fan Rewards Program or any Participating Partner (as defined in Section 46) in any medium whatsoever.

56. NASCAR is not responsible for any interruption in website service, errors, and/or omissions in the Program Website, whether caused by NASCAR or otherwise. NASCAR does not guarantee continual, uninterrupted, or error-free service or use of the Program Website or the NASCAR Fan Rewards Catalog during any Reward redemption process.  Participants acknowledge that Reward redemptions are conducted electronically and rely on hardware and software that may malfunction without warning.  NASCAR in its sole discretion, may void any Reward, temporarily suspend Reward redemptions, and/or remove any Reward that was affected by any malfunction.

57. NASCAR is not responsible for and shall not be liable for: (i) late, lost, garbled, delayed, damaged, misdirected or incomplete notifications, e-mails, shipments, or other communications; (ii) telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, or difficulties; (iii) errors in data or message transmission; (iv) any condition caused by events beyond the control of NASCAR that may cause the Program to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind to any person or property resulting from participation in the Program, participation in any activity related to or connected with the Program or the earning of Points, or the redemption or use of any Reward redeemed in the Program; or (vi) any printing or typographical errors in any materials associated with the Program.

58. If you use a mobile device to access the Program Website or participate in Program activities or Reward redemptions, standard data charges may apply from your carrier.

Privacy Statement

59. All Program account information and personal information of participants that is collected, used, disclosed or otherwise processed during any Program related activity is subject to the NASCAR privacy statement, which is incorporated herein by reference and can be found at: https://www.nascar.com/privacy-statement, including California privacy rights pursuant to the California Consumer Privacy Act and Canadian privacy rights.

60. Click here[JA2]  for a direct link to the Notice of Financial Incentive and Non-Discrimination Disclosure in the privacy statement.

61. Personal information collected from participants as part of Program activity may include but is not limited to name, email address, physical address, phone number, date or birth, favorite driver, favorite track, favorite manufacturer, geolocation data, unique personal ID, shopping/purchase history, subscription history, online behavior, email engagement, mobile app usage, race attendance, point earning history, point redemption history, and survey response data.

Marketing

62. By enrolling in the NASCAR Fan Rewards Program, participants consent to receiving advertising, marketing materials, and other communications from NASCAR and NASCAR Fan Rewards, including electronically via e-mail.

63. Participants are responsible for keeping their email and profile information current.  NASCAR is not responsible for any electronic notifications that are undeliverable or misdirected.

64. Program participants may opt-out of receiving NASCAR Fan Rewards marketing emails at any time by selecting the unsubscribe link in the email footer, or updating their email marketing preferences on their NASCAR Fan Rewards profile.

65. Note that if you opt-out of receiving NASCAR Fan Rewards marketing emails, you may not receive information about the Program’s benefits.  However, opting out of marketing e-mails does not remove you from receiving transactional e-mails related to the Program or impact your ability to receive Rewards.  If you would like us to delete your information, but you would like to continue to participate in the Program, we may need to retain certain information so that we can continue to provide the Program and your Rewards.

 

Sweepstakes and Contests

66. From time to time, Program participants may be offered opportunities to participate in sweepstakes and promotions.  The official rules of any such sweepstakes or promotion will set forth the eligibility requirements and other details and will govern such sweepstakes or promotions, along with these Program Terms, as applicable.

 

Limitation of Liability

67. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PROGRAM WEBSITE AND NASCAR.COM IS AT YOUR SOLE RISK. Neither NASCAR nor any of its third-party content providers, vendors or licensors warrant that the Program Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the Program Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided by or through the Program Website.

68. The Program Website may contain links to third party websites. Access to any other Internet site linked to the Program Website is at participant's own risk and NASCAR is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites, or for any virus or other damage to your computer, mobile device, software, or other property.

69. The Program Website, including, without limitation, any downloadable software, is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantable quality, merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Program Terms.

70. Participants specifically acknowledge that NASCAR and its third-party content providers, vendors and licensors shall not in any event be liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with each participant.

71. To the fullest extent permissible by applicable law, in no event shall NASCAR, or its present or future parents or affiliated companies, or any person or entity involved in creating, producing or distributing the Program Website, including, without limitation, third-party content providers, vendors and licensors be liable to you or anyone else for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct, indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Program Website or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of nascar.com, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on nascar.com. Each participant hereby acknowledges that the provisions of this Section apply to all content and features on the Program Website. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if NASCAR, or its present or future parents or affiliated companies, or any person or entity involved in creating, producing or distributing the Program Website, including, without limitation, third-party content providers, vendors and licensors have been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that NASCAR, or its present or future parents or affiliated companies, or any person or entity involved in creating, producing or distributing the Program or the Program Website, including, without limitation, third-party content providers, vendors and licensors are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of nascar.com or any other third parties.

72. If applicable law does not allow all or any part of the limitation of liability set forth in Sections 67 – 71 to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

Indemnification

73. Each participant shall defend, indemnify and hold harmless NASCAR and its directors, officers, shareholders, members, employees, agents, third-party content providers, vendors and licensors from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of the use of the Program Website and/or arising out of use of your Program account (whether or not by You), and/or arising out of your other acts or omissions relating to the Program. NASCAR reserves the right to take over the exclusive defense of any claim for which it may be entitled to indemnification under this Section. In such event, you shall, at your own cost, provide NASCAR with such cooperation as is reasonably requested by NASCAR.

Governing Law

74. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Program, the Program Website, NASCAR.COM, and/or the provision of content, services, and/or technology on or through the Program Website shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Florida applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.

Loyalty Service Availability

75. If you have any questions or need assistance regarding the NASCAR Fan Rewards program or participation, please contact the NASCAR Loyalty Service team by emailing fanrewards@nascar.com.

Mandatory Arbitration & Class Action Waiver

76. PLEASE READ SECTIONS 77 – 88 CAREFULLY, AS THESE SECTIONS MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

77. NASCAR and you agree that these Program Terms may affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.  In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Program and/or the Program Website and/or the provision of content, services, and/or technology on or through NASCAR.COM, NASCAR or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to NASCAR by email to NDMcopyrightagent@nascar.com AND by U.S. Mail (or for participants outside of the United States, by a reputable postal service) to Copyright Agent – Legal Department, One Daytona Boulevard, Daytona Beach, Florida 32114. To the extent that NASCAR has your contact information, it will send any such notice to you by U.S. Mail (or for participants outside of the United States, by a reputable postal service), or otherwise to your email address associated with your Program account. NASCAR and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. NASCAR and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, NASCAR or you shall resort to the other alternatives described in Sections 78 – 80. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this Section shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Program Website or NASCAR.COM.

78. Except as otherwise specifically set forth in Section 79, any dispute, claim, or controversy of any kind between NASCAR and you arising under these Program Terms or in connection with your access to, and/or use of the Program and/or the Program Website and/or the provision of content, services, and/or technology on or through NASCAR.COM, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of NASCAR.COM shall not be subject to arbitration.

79. For all Program participants, arbitration shall be initiated in Volusia County, Florida and the language of the arbitration will be English. NASCAR and you agree to submit to the personal jurisdiction of any state or federal court in Volusia County, Florida, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at “www.adr.org” or by calling the AAA at 1-800-778-7879.  To the extent permitted by the AAA Rules, the parties and the arbitrator may agree upon remote or virtual participation in the arbitration proceedings.

80. Each party shall be responsible for the costs that it may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless the other party is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on NASCAR and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. NASCAR and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Program Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, NASCAR and you agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. NASCAR and you understand that, absent this mandatory arbitration provision, NASCAR and you would have the right to sue in court and have a jury trial. NASCAR and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

81. You have the right to opt-out and not be bound by the arbitration provisions set forth in Sections 78 – 80 by sending written notice of your decision to opt-out to the following Email address NDMcopyrightagent@nascar.com AND by U.S. Mail (or for participants outside of the United States, by a reputable postal service) to Copyright Agent - Legal Department, One Daytona Boulevard, Daytona Beach, Florida 32114. This notice must be sent within the later of: (i) 30 days of your first use of the Program Website; or (ii) 30 days following changes to Sections  77, 78, 79, or 80 being announced on the Program Website, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with Sections 77 – 80. If you opt-out of these arbitration provisions, NASCAR also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Program Website will be deemed to be your irrevocable acceptance of these Program Terms and any changes/updates to Sections 77, 78, 79, and/or 80 or otherwise.

82. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, NASCAR and you agree to waive, to the fullest extent allowed by law, any trial by jury.

83. The terms of these arbitration provisions will also apply to any claims asserted by you against NASCAR, any present or future parent or affiliated company of NASCAR, or any person or entity involved in creating, producing, distributing or administering the Program Website and/or the Program, including, without limitation, third-party content providers, vendors and licensors, to the extent that any such claims arise out of your access to, and/or use of the Program Website, and/or the provision of content, services, and/or technology on or through the Program Website.

84. Class Action Waiver. PLEASE READ SECTIONS 85 – 88 CAREFULLY -- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

85. NASCAR and you agree that NASCAR and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Program Terms in connection with the Program or the Program Website will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. NASCAR and you further agree that NASCAR and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Program Terms or in connection with the Program or the Program Website.

86. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that arbitration cannot proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Volusia County, Florida.

87. The terms of Sections 85 and 86 will also apply to any claims asserted by you against NASCAR, any present or future parent or affiliated company of NASCAR, or any person or entity involved in creating, producing, distributing, or administering the Program or the Program Website, including, without limitation, third-party content providers, vendors and licensors, to the extent that any such claims arise out of your access to, and/or use of the Program Website, and/or the provision of content, services, and/or technology on or through the Program Website.

88. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

 

Language

 

89. NASCAR and each participant expressly agree that the terms of use of the nascar.com website, the NASCAR privacy statement, and all other documents relating to the Program (with the exception of these Program Terms) are drafted in the English language.