mike’s® Hard Texas Motor Speedway® Fan Experience Sweepstakes
NO PURCHASE NECESSARY. A purchase will not increase your chance of winning. This Sweepstakes is open ONLY to legal U.S. residents of THE STATES OF ARKANSAS, COLORADO, KANSAS, LOUISIANA, MISSOURI, MISSISSIPPI, OKLAHOMA AND TEXAS who are 21 years of age or older at time of entry. Void ELSEWHERE AND where prohibited or restricted by law.
- Eligibility: This Sweepstakes is open only to legal U.S. residents of the States of Arkansas, Colorado, Kansas, Louisiana, Missouri, Mississippi, Oklahoma, and Texas who are 21 years of age or older at the time of entry. Void elsewhere and where prohibited or restricted by law. Employees, officers and directors of the following entities and members of their immediate families (defined as parent, child, sibling, spouse) or same households (whether related or not) are NOT eligible to enter the Sweepstakes or win the prize: Mark Anthony Brands Inc., Texas Motor Speedway, Inc. (“TMS”) and their respective parent companies, subsidiaries, divisions, affiliates, prize suppliers, advertising and promotion agencies (including HP2 Promotions), as well as alcohol beverage licensees (i.e., alcohol beverage suppliers, importers, wholesalers, distributors and retailers). By participating in the Sweepstakes, entrants agree to abide by and be bound by these Official Rules and the decisions of Sponsor and HP2 Promotions (the independent judging organization) which shall be final and binding in all respects. All federal, state and local laws apply.
- Sweepstakes Period: Sweepstakes begins at 12:00:01 a.m. (ET) on January 10, 2020 and ends at 11:59:59 p.m. (ET) February 29, 2020.
- How to Enter: There are two (2) ways to enter this Sweepstakes.
Entry Method No. 1 – Text: During the Sweepstakes Period, send a Text Message Entry (“TME”) by texting “TMS20” from your handset addressed to short code 55678. A valid TME will receive an automatic reply substantially in the form as follows: “Thx for ur Text! You must be 21+ to enter. Reply w/birthdate in format MM/DD/YYYY.” Once you send the text message and if you are 21 or older, you will be automatically entered into the Sweepstakes. You will be charged for all text messages sent and received from your handset according to the terms in your individual Calling Plan with your cellular provider. All entries must be received no later than 11:59:59 p.m. (ET) on February 29, 2020. Receipt of entry may be acknowledged but such acknowledgment does not constitute any representation of eligibility for the Sweepstakes nor is it otherwise binding upon Sponsor. All entries become the sole property of the Sponsor and receipt of entries will not be acknowledged (except perhaps as noted above) or returned. No alterations or forged entries are permitted. Entrants must have a text messaging two-way capable handset and digital service in order to enter the Sweepstakes using the text messaging method. Prize will be awarded to the name corresponding to the phone number from which the text message originated. Message and data rates apply to use of Entry Method No. 1. Please consult your wireless service provider regarding your pricing plan BEFORE using Entry Method No. 1 to enter the Sweepstakes. Not all wireless providers feature necessary service to participate in the Sweepstakes via Entry Method No. 1. Check your phone capabilities for specific text messaging instructions. Text messaging service is not available in all areas.
Entry Method No. 2 – Mail: To enter without submitting a text, during the Sweepstakes Period print your name, address, date of birth, telephone number, and “TMS20” Sweepstakes on a 3” x 5” card and mail in an envelope to: HP2, P.O. Box 40216, Phoenix, AZ 85067. All entries must be postmarked by March 2, 2020 and received by March 6, 2020. Limit of one (1) mail entry per outer envelope. Copied/mechanically reproduced mail entries will not be accepted.
- Entry Restrictions: Limit one (1) entry per person, per day (12:00:01 a.m. [ET] until 11:59:59 p.m. [ET]) during the Sweepstakes Period, regardless of the method of entry. Violation of this entry limit will result in only the initial entry being accepted. But Sponsor reserves the right to void all entries (and disqualify any entrant from the Sweepstakes altogether as well as to prohibit such entrant from participating in future promotions offered by Sponsor) if Sponsor determines in its sole discretion that a given person has engaged in egregious, blatant or repeated violations of the entry limit. Proof of submission of entry does not constitute proof of receipt of same or proof of entry. All entries become the sole property of the Sponsor. Sponsor and its agencies assume no responsibility for late, lost, illegible/garbled, incomplete, damaged, inaccessible, corrupted or jumbled entries/text message/SMS transmissions or mail entries (as applicable), regardless of cause; and, all such entries are void. Sponsor and its agencies are also not responsible for postage due mail.
- 5. Prize: One (1) Grand Prize will be awarded. Winner will receive a Texas Motor Speedway Fan Experience Package. Prize includes up to* four (4) Grandstand tickets (for winner and up to three  guests) to attend the race on Sunday, March 29, 2020 at Texas Motor Speedway (or “Speedway”) in Fort Worth, TX, pre-race Meet & Greet opportunity with drivers which may or may not, at drivers’ sole discretion, allow for photos to be taken with drivers (for winner and up to three  guests), up to four (4) VIP Pit Passes (for winner and up to three  guests) which grants cold pit access during practice and qualifying for the race, as well as up until one (1) hour before each race; dress code applies (shirts and pants; dresses; and/or skirts and blouses and shoes are required; decisions as to acceptability of clothing of winner and guest[s] to be made by TMS in its sole discretion, and winner and guest[s] may be denied certain prize components as a result of such decisions; and, in such case, neither Sponsor nor TMS shall have any liability other than award of the remaining elements of the Grand Prize), post-race photo opportunity for winner and up to (3) guests with winning driver (photo[s] to be taken by photographer designated by TMS, with TMS to determine the number of photos to be taken; TMS, in its sole discretion may or may not allow the winner and guest[s] to take their own photo with winning driver), two (2) VIP parking passes at Texas Motor Speedway for up to two (2) vehicles and $1,000 Gift Card which may be used for travel or hotel accommodations (issuer of Gift Card to be determined by Sponsor in its sole discretion; Gift Card is subject to Terms and Conditions of Use as indicated thereon.) Winner’s guest(s) must be 21 years of age or older and must sign and return a liability release and publicity release (where lawful) prior to attending the race; in the event of noncompliance by one (1) or more guests, winner must accept the prize without such guest(s), the value of the Grand Prize will be reduced accordingly, and no substitute prize or compensation will be awarded in conjunction therewith. All other/additional, unspecified expenses are the sole responsibility of winner including transportation to and from the Speedway for the race. If potential winner cannot attend the race on Sunday, March 29, 2020 for any reason, prize will be forfeited without compensation and an alternate may be selected at Sponsor’s sole discretion (time permitting). No other prize will be awarded. Approximate Retail Value of Prize: up to $3,770.00. (If actual value of Prize is less than $3,770.00, winner will not receive the difference in cash or otherwise.)
*If winner chooses to attend the race without three (3) guests, he/she will receive a Grand Prize appropriate for number of attendees (i.e., winner him/herself and number of guest[s] able to attend) and no substitute prize or compensation will be awarded in conjunction therewith.
Alcohol beverages are not part of prize. Tickets to the race are subject to Terms and Conditions stated thereon; this includes a prohibition on the re-sale of tickets. Venue restrictions also apply. Tickets are valid only for indicated race at Speedway on March 29, 2020. Meet and Greet, photo opportunity and Pit access components of the Grand Prize are subject to availability and will be supervised by the TMS. Without limiting the foregoing, Meet and Greet, photo opportunity and/or Pit access components may be modified, curtailed or even cancelled altogether at the sole discretion of the TMS due to scheduling and/or other circumstances beyond their control. While participating in the Meet and Greet, photo opportunity and Pit access components, winner and winner’s guest(s) must follow all instructions of the TMS and other individuals of requisite authority at all times as well as acting in a respectful and courteous manner at all times; the preceding includes but is not limited to (as applicable) refraining from heckling, bothering, interfering with or interrupting drivers, crew members or officials during the Meet and Greet, photo opportunity and Pit access, or failing to vacate the Meet and Greet or Pit access and report to their ticketed seat at the Speedway when instructed to do so. Additional restrictions may also apply to Meet and Greet, photo opportunity and Pit access component of Grand Prize. If Meet and Greet, photo opportunity and/or Pit access components of the Grand Prize cannot be awarded as originally intended for any reason, the liability of the Sponsor and/or TMS shall be limited to the award of the remaining components of the Grand Prize and no substitute prize or compensation will be awarded in conjunction therewith.
Winner and winner’s guest(s) must conduct themselves at all times in a socially responsible, appropriate and well-behaved manner (as discussed above, this includes but is not limited to their participation in the Meet and Greet, photo opportunity and Pit access components of the Grand Prize); Sponsor and/or TMS may eject, winner and/or winner’s guest(s) from the Speedway if winner and/or winner’s guest(s) behave in an inappropriate, belligerent or unruly manner as determined by Sponsor and TMS in their sole discretion; and, under such circumstances, Sponsor and/or TMS shall NOT have any liability or obligation to winner and/or winner’s guest(s) of any kind. Exact seat location at the Speedway will be determined at the sole discretion of Sponsor.
- Winner’s Determination/Odds: Winner will be determined in a random drawing on or about March 9, 2020 by HP2 Promotions, an independent organization, whose decisions will be final in all matters relating to this Sweepstakes. Odds of winning will be determined by the total number of eligible entries received. The winner will be notified by text message, email or phone (specific method[s] of notification being of Sponsor’s sole choosing) on or about March 9, 2020 and will be required to sign an Affidavit of Eligibility, Liability and Publicity Release (where lawful) within two (2) business days of notification (or such shorter time as indicated on notification materials) or prize will be forfeited and may be awarded to another winner at Sponsor’s sole discretion (time permitting). In the event of noncompliance with this requirement or if potential winner cannot be contacted for any reason, prize will be forfeited without compensation of any kind and an alternate winner may be selected (again, time permitting).
- General Conditions: Entry in the Sweepstakes constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No prize substitution except at Sponsor’s sole discretion. Prize is not redeemable/exchangeable for cash, except for Gift Card component of same to the extent required by applicable law. Prize is not transferable except with Sponsor’s prior consent which may be granted or withheld in its sole discretion without liability of any kind. All federal, state and local taxes on said prize is the winner’s sole responsibility. By accepting said prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking to redeem said prize. All costs and expenses associated with prize acceptance and use that are not specified herein are the sole responsibility of winner.
Taxes on the prize are winner’s sole responsibility. If value of said prize is $600 or more, winner will be issued W-9 IRS Tax Form with the Affidavit of Eligibility, Liability and Publicity Release Form and a subsequent 1099 IRS Form. Upon receipt of said prize, winner shall be required to comply with any and all applicable federal, state and local laws, rules and regulations.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE ONLY WARRANTIES ON SAID PRIZE – IF ANY – ARE THOSE OF TMS.
- Releases: By participating, entrants indemnify, release and agree to hold harmless (a) Mark Anthony Brands Inc., TMS, and their respective parent companies, subsidiaries, divisions, affiliates, prize suppliers, and advertising and promotion agencies (including HP2 Promotions); and (b) the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations; from any and all liability arising from participating in the Sweepstakes, any Sweepstakes-related activity and/or the acceptance, receipt, possession or use/misuse of said prize (as applicable). Without limiting the foregoing, Mark Anthony Brands Inc. makes no representation, warranty or guarantee of any kind regarding prize; this includes but is not limited to the warranty of merchantability or fitness for intended purpose. Except where prohibited by law, acceptance of prize constitutes winner’s agreement to the use of his/her name, address (city, state), likeness, voice, photograph or other indicia of persona and/or statements regarding the Sponsor or the Sweepstakes for advertising, publicity and trade purposes by Sponsor and its designees, without further compensation or any notice or approval of any kind.
- Text Message Entry Conditions: By participating in the Sweepstakes, you authorize Sponsor to communicate with you by text messaging solely regarding Sweepstakes participation for the duration of the Sweepstakes. In case of dispute as to identity of a text message entrant, entry will be declared made by the authorized account holder of the cellular provider. “Authorized Account Holder” is defined as the natural person who is assigned a number by the cellular provider or as shown on the cellular provider’s records. Sponsor and its agencies are not responsible for text message communications/entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or due to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of text message communications/entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by any human or technological error that may occur in the processing of text message communications/entries in this Sweepstakes. Any other attempted form of entry not specified herein is prohibited; no automatic, programmed, robotic or similar means of entry are permitted.
- Caution: ANY ATTEMPT BY A PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH PERSON FROM THE SWEEPSTAKES (IF APPLICABLE), PROHIBIT SUCH PERSON FROM PARTICIPATING IN FUTURE PROMOTIONS OFFERED BY SPONSOR, AS WELL AS TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Improper Conduct: Sponsor, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award the prize if any entrant engages in any conduct Sponsor deems to be improper, unfair, otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or prize claim, violating any term or condition stated here, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use an entrant’s personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs/technology in connection with this Sweepstakes. Entrants agree that Sponsor may void the prize that an entrant may have won and/or require the return of the prize that an entrant may have won as a result of such improper conduct. Entrants further acknowledges that any forfeiture of the prize and/or return of the prize shall in no way prevent Sponsor from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
- Sponsor’s Rights: Sponsor reserves the right, in its sole discretion, to cancel, abbreviate, or suspend this Sweepstakes should it be compromised by computer virus, program bugs, non-authorized human intervention or other causes beyond the control of the Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, without any compensation or liability to any entrant. Sponsor is not responsible for any typographical, technical, or other error in the printing of the offer, administration of the promotion or in the announcement of the prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any sweepstakes materials and the terms and conditions of the official rules, the official rules shall prevail, govern and control.
Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s mobile device which is occasioned by participating in the Sweepstakes or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. The preceding expressly includes but is not limited to any text message communications sent by or sent to Sponsor which is not properly and timely received and accessible by Sponsor or its agencies for any reason. Sponsor has the right, in its sole discretion, to disqualify any individual 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 sportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is modified, terminated or suspended, Sponsor will select the winner from all eligible, non-suspect text message entries received and all eligible mail entries received or otherwise in a manner determined by the Sponsor in its sole discretion to be fair, appropriate, and consistent with these Official Rules. Inclusion in such drawing (for text message entries, to the extent feasible) shall be each entrant’s sole and exclusive remedy under such circumstances, and, if not feasible (for text message entries), Sponsor shall not have any liability of any kind. Only the type and quantity of prize described in these Official Rules are available to be won in the Sweepstakes. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by duly authorized representatives of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- Disputes: This Sweepstakes is governed by the laws of the State of Illinois, without respect to conflict of law/choice of law doctrines of Illinois (or of any other jurisdiction which would lead to the application of the law of any jurisdiction other than Illinois). To the fullest extent permitted by law, as a condition of participating in the Sweepstakes, entrants agree (a) that any and all disputes regarding the Sweepstakes which cannot be resolved between the parties shall be resolved individually, without resort to any form of class action, exclusively before a federal or state court located in Cook County, Illinois; (b) to the personal jurisdiction of such courts and to waive any right of inconvenient forum, change of venue or any like right; (c) that any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering the Sweepstakes (if any), but in no event attorney’s fees, with all other forms of remedy – including but not limited to punitive, incidental, or consequential damages and injunctive relief – being expressly waived.
- Winner’s List: For winner information, please send a self-addressed stamped envelope to “TMS20”, 328 S. Jefferson Street, Suite 1050, Chicago, IL 60661. All requests must be received by April 13, 2020. Winner information will be available after April 27, 2020.
Sponsor: Mark Anthony Brands Inc., Chicago, IL 60661
© 2020 Mike’s Hard Lemonade Co., Chicago, IL. www.mikeshard.com ® is a registered trademark and ™ is a trademark of Mike’s Hard Lemonade Co.
MIKE’S IS HARD. SO IS PRISON. DON’T DRIVE DRUNK.®