Fan Rewards Terms Of Use Fan Rewards Terms Of Use
NASCAR® FAN REWARDS™
Program Terms & Conditions
IMPORTANT NOTICE: THESE TERMS OF USE INCLUDE A WAIVER OF CLASS ACTION RIGHTS.
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 (excluding Quebec), and who are located within the U.S. or Canada (but not Quebec).
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.
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 365 days from enrollment in Program, 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 20. 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. The expiration of Reward Points is governed by the terms applicable when the Rewards Points were earned, and not when the Reward Points are redeemed.
9. Tier Points are earned at a 1:1 ratio to standard 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.
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 3,000 Tier Points in a single Program Year to move to the next Tier.
12. All-Star: A participant achieves All-Star level upon earning 3,000 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 3,000 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 6,000 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 6,000 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. Participants in the All Star and Champion Tier Levels receive bonus Reward Points (but not Tier Points), with All Star participants receiving a 10% bonus and Champion participants receiving a 25% bonus Reward Points on select standard earnings. See the discussion of bonus points in Section 23 below for more details.
16. The All-Star and Champion Tier Levels may have access to additional benefits, which will be explicitly defined on the Program Website.
17. 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
18. 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.
19. 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.
20. 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. New earning opportunities and any changes to the existing 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) (150 Reward Points) (limit once per participant annually).
iii. Join NASCAR Fantasy Live (nascar.com/fantasy) (100 Reward Points) (limit once per participant for the life of the Program)
iv. NASCAR Race Leaderboard 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. NASCAR Track Check-ins at select tracks (NASCAR Track Mobile Application) (Points awarded by Race Series: NASCAR Cup Series 200 points each; NASCAR Xfinity Series 150 points each; and NASCAR Truck Series are 100 points each) (limit once per participant per Race; maximum twenty times earned in a Program Year)
vi. Active Mobile Premium Subscription (nascar.com/mobile) (50 Reward Points per month) (maximum 1 time per month)
vii. Advance Online Purchase of NASCAR Race Tickets at select tracks (nascar.com/tickets) (100 Reward Points per transaction) (maximum two times earned per month, maximum 10 times earned per program year.)
viii. Advance Online Purchase of Race Scanner Rental (racingelectronics.com) (50 Reward Points each) (maximum ten times earned per Program Year)
ix. Advance Online Purchase of NASCAR Track Campsite at select tracks (nascar.com/camping) (150 Reward Points) (maximum four times earned per Program Year)
x. Purchase of NASCAR Merchandise (store.nascar.com) (earn 50 Reward Points per transaction) (maximum one time earned per participant per month)
xi. Visit NASCAR Hall of Fame and receive a code at welcome center (100 Reward Points) (limit once per participant per Program Year)
xii. Donation to NASCAR Foundation (nascarfoundation.org) (50 Reward Points with minimum $25 donation) (limit once per participant per month)
xiii. Make at least one bonus selection with your weekly lineup in NASCAR Fantasy Live (nascar.com/fantasy) (10 Reward Points each) (limit once per week and a total of 36 times earned per participant per Program Year)
21. 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 nascar.com/fanrewards.
22. 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 60).
23. 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% bonus and Champion participants receiving a 25% bonus on select standard Reward Point earning opportunities. The following table provides an example of how this works:
|
Tier Level |
Rookie |
All-Star |
Champion |
|
Point Bonus |
0 |
10% |
25% |
|
Reward Points for a Leaderboard Check-in/watching Race @ Home |
50 |
55 |
63 |
|
Tier Points for Leaderboard Check-in/watching Race @ Home |
50 |
50 |
50 |
NASCAR may offer certain Reward Point earning opportunities from time to time that are not eligible for bonus Reward Points, in which case the description of the earning opportunity will state that no bonus points will be earned for that activity.
24. 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.
25. 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
26. 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.
27. 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.
28. 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.
29. 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. NASCAR may in its sole discretion change the number of Reward Points required to redeem any given Reward at any time. The Reward Points listed in the catalog at the time of redemption shall govern. 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.
30. 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.
31. 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.
32. 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.
33. Shipping of Rewards: Physical and merchandise Rewards will only be shipped to addresses within the U.S. The redeemer of the Reward is responsible for all shipping and fees associated with the Reward delivery. Shipping restrictions will be noted in the item description in the Rewards Catalog.
34. Reward Point Expiration: NASCAR Reward Points for U.S. participants must be used during the Program Year in which they were earned. 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 or 365 days since Program enrollment, as described in Section 6.
35. Point Forfeiture: NASCAR Reward Points will be forfeited if you request to close your account or if your account is revoked or otherwise cancelled by NASCAR for misconduct, fraud, or misuse, as determined in its sole discretion.
36. 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 (and Tier 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
37. 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.
38. 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.
39. Other Digital Badges will be earned by participating in defined challenges and quests set by scheduled Program marketing activities.
40. 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.
41. 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 60) website. It may take up to five (5) business days after the qualified activity for your Digital Badge to be applied to your account.
42. 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. Leaderboard 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 Mobile Premium Badge
i. NASCAR Fantasy Live Badge (for joining)
j. NASCAR Foundation Badge
k. NASCAR Newsletter Badge
l. NASCAR Fantasy Live Racing Streak Badge(s) (participation)
m. NASCAR Fanatics Shop Badge
n. NASCAR Fan Rewards Catalog Badge
o. NASCAR Cup Series Badge
p. NASCAR Xfinity Series Badge
q. NASCAR Craftsman Truck Series Badge
r. Rookie Badge
s. All-Star Badge
t. Champion Badge
u. Birthday Badge
43. 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
44. Section 60 below includes a list of participating venues and/or partners in the NASCAR Fan Rewards Program (each a “Participating Partner”). As a Program benefit, advanced purchases and other defined activities associated with these Participating 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 in that section 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.
45. Employees of NASCAR, its affiliates, Official Partners, Participating Partners, and tracks are eligible to earn Reward Points for NASCAR Track Check-ins on location through the NASCAR Track Mobile Application, subject to the limits in Section 20.
46. 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.
47. 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
48. 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.
49. 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.
50. Participants may withdraw from the Program at any time by contacting Customer Care via email at [email protected] 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 and Non-Discrimination Disclosure in the privacy statement for additional information.
Publicity Release
51. 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 31. All personal information of Program participants is subject to the NASCAR privacy statement, pursuant to Section 57 below.
Program Website Usage
52. 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/.
53. 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 Sections 45 and 60) 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 in any medium whatsoever.
54. 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.
55. 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.
56. 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
57. 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 U.S. state law privacy rights and Canadian privacy rights. We may share personal information with our Participating Partners, listed in Section 60 below, and our Official Partners to facilitate the Program and report on its success.
58. Click here for a direct link to the Notice of Financial Incentive and Non-Discrimination Disclosure in the privacy statement.
59. 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, location 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. Any of the categories of personal information collected as part of the Program may be used for advertising purposes, but you may opt-out of targeted advertising and remain a member of the Program. NASCAR.COM treats the value of any personal information as the equivalent of its relevant expenses related to the collection and retention of consumers’ personal information as part of the Program. NASCAR.COM pays these expenses and provides the Program benefits, which vary depending upon Program participation, to foster a positive relationship with our members.
60. The following is a list of Participating Partners. As described in Section 44, certain defined activities associated with these Participating Partners may result in earning Reward Points in the Program. See the Program Website for specific details.
a) Atlanta Motor Speedway
b) Autodromo Hermanos Rodriguez
c) Bowman Gray Stadium
d) Bristol Motor Speedway
e) Charlotte Motor Speedway
f) Chicago Street Course
g) Circuit of the Americas
h) Darlington Raceway
i) Daytona International Speedway
j) Dover Motor Speedway
k) Homestead-Miami Speedway
l) Kansas Speedway
m) Las Vegas Motor Speedway
n) Martinsville Speedway
o) Michigan International Speedway
p) Nashville Superspeedway
q) New Hampshire Motor Speedway
r) North Wilkesboro Speedway
s) Phoenix Raceway
t) Pocono Raceway
u) Portland International Raceway
v) Richmond Raceway
w) Road America
x) Sonoma Raceway
y) Talladega Superspeedway
z) Texas Motor Speedway
aa) Watkins Glen International
bb) World Wide Technology Raceway
cc) Fanatics
dd) The NASCAR Hall of Fame
ee) The NASCAR Foundation
ff) Racing Electronics
61. Generally, NASCAR does not share any personal information with these Participating Partners for purposes of marketing and advertising. Participating Partners may share personal information with NASCAR so that NASCAR may issue earned Rewards Points. Upon request, NASCAR may share personal information with Participating Partners, solely to confirm a member’s participation in the Program. If NASCAR offers a specific Rewards Points earning opportunity with one or more Participating Partners, NASCAR may share personal information with that Participating Partner of the participants availing themselves of that earning opportunity.
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 or advertising 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 (such as your name and e-mail address) so that we can continue to provide the Program and communicate your Rewards to you.
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, and the courts in the State of Florida shall be the exclusive forum for any disputes.
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 [email protected].
Class Action Waiver
76. PLEASE READ SECTIONS 77 – 81 CAREFULLY, AS THESE SECTIONS MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
77. You agree that you will not sue NASCAR, its affiliated companies, and/or any of their respective officers, directors, employees or agents as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any class, consolidated, or representative proceeding (existing or future) brought by any third-party against NASCAR. Nothing in this section, however, limits your rights to bring a lawsuit as an individual plaintiff.
78. If any court determines that the class action waiver set forth in this Section is void or unenforceable for any reason, then the disputes, claims or controversies must be litigated in federal court located in Volusia County, Florida.
79. The terms of Sections 77 and 78 will also apply to any claims asserted by you against NASCAR, any present or future parent or affiliated company of NASCAR, any person or entity for whose actions NASCAR could be liable, 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, the Program Website, and/or the provision of content, services, and/or technology on or through the Program Website.
80. Nothing in this Section, however, limits your rights to bring a lawsuit as an individual plaintiff in court.
81. 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
82. 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 are drafted in the English language.
Last edited February 25, 2025