Coca-Cola – O’charley’s Nascar Race Weekend Sweepstakes
O’Charley’s NASCAR® Race Weekend Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN.
PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Void where prohibited.
1) SWEEPSTAKES PERIOD: The O’Charley’s NASCAR® Race Weekend Sweepstakes (the “Sweepstakes”) starts on June 21, 2021 at 12:00:00 AM Eastern Time (“ET”) and ends on July 18, 2021 at 11:59:59 PM ET (the “Sweepstakes Period”). Sponsor’s computer will serve as the official time keeping device for the Sweepstakes.
2) ELIGIBILITY: The Sweepstakes is open only to legal residents of the states of Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia and West Virginia who at time of entry are 18 years of age or older (the “Entrant”). Employees and non-employee workers of The Coca-Cola Company (the “Sponsor”) and Coca-Cola Bottlers, O’Charley’s, LLC. (“O’Charley’s”), Speedway Motorsports, LLC, Phoenix Raceway, National Association for Stock Car Auto Racing, LLC (“NASCAR”) and their respective parent companies, related subsidiaries and affiliated companies, prize providers, and advertising and promotion agencies including Marden-Kane, Inc. (the “Administrator”), and each of their respective agents, representatives, officers, directors, shareholders, and employees (collectively “Released Parties”), and the immediate families (spouse and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households, whether related or not, of the above, are not eligible to enter or win a prize. Each Entrant by participating in the Sweepstakes, agrees to be bound by the Official Rules and by Sponsor’s and/or Administrator’s decisions. Void where prohibited or restricted by law.
3) HOW TO ENTER: During the Promotion Period, visit an O’Charley’s Restaurant + Bar (see list of locations at https://www.ocharleys.com). Access the online entry form by scanning the QR code found on the O’Charley’s NASCAR® Race Weekend Sweepstakes table tent OR on the gift card stand. Alternatively, go to www.allfiredupsweepstakes.com and follow the instructions to complete and submit the online entry form. As part of the Sweepstakes entry process, Entrants will be required to indicate that they have read, accept, and agree to be bound by these Official Rules. You must complete and submit the entry form as instructed to receive an entry.
There is a limit of one (1) entry (the “Entry”) per day per Entrant during the Sweepstakes Period. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Except where prohibited by law, Entrants irrevocably grant to Sponsor, its affiliates, agents and licensees, the royalty-free right and permission to unconditionally reproduce, store, transmit, publish, display, use or reuse their name and prize information, as well as any other information or materials arising out of participation in the Sweepstakes for advertising, promotional, commercial, publicity and/or any other purposes (without limitation), in any and all media now or hereafter known, in any language, throughout the world, and in any manner without further review, notice, approval, consideration or compensation to the Entrant. Unless prohibited by law, Entrants waive any rights of privacy, rights of publicity, intellectual property rights, and other rights that may preclude Sponsor from using or disclosing all or any part of an Entry in any manner and for any purpose. By participating, Entrants further release Sponsor from any future claims arising out of any use or disclosure of Entrants participation consistent with these Official Rules. By participating, Entrants acknowledge and agree that Entrants will not now or in the future be paid or compensated in any way for participation or for granting the Sponsor any of the rights set out in these Official Rules, whether chosen as a winner or not. Entrants further agree that Sponsor is not obligated to make use of any of the rights granted in these Official Rules.
4) SWEEPSTAKES RANDOM DRAWING: The Sweepstakes random drawing will be held by the Administrator on or about July 21, 2021, from all eligible Entries received during the Sweepstakes Period. Odds of winning a prize depend on the total number of eligible entries received. Potential winners are subject to eligibility verification and compliance with these Official Rules.
5) PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): One (1) Grand Prize: A 4-day/3-night VIP Race Weekend for the winner and three (3) guests at winner’s choice of one of the following locations:
Charlotte Motor Speedway from October 8- October 11, 2021
Texas Motor Speedway from October 15 – October 18, 2021
Phoenix Raceway from November 5 – November 8, 2021
The Grand Prize includes roundtrip coach airfare awarded in the form of four (4) Delta Air Lines vouchers, three (3) nights’ hotel accommodations of Sponsor’s choosing (one (1) room, quad occupancy), four (4) tickets to the Saturday and Sunday races at the selected location and a tailgating kit which includes: one (1) Yeti Hard Cooler, four (4) Yeti Rambler® 12 oz Colster, and four (4) Yeti 20 oz Rambler® with Magslider Lid. Grand Prize also includes $300 in the form of gift card (as solely determined by the Sponsor) to be used for transportation to and from the event and a $200 O’Charley’s gift card. Maximum ARV of Grand Prize: $5,760. Nine (9) First Prizes: One (1) Yeti Hard Cooler and a $50 O’Charley’s gift card. ARV $350 each. Total ARV of all First Prizes: $3,150. The Total Maximum ARV of all prizes offered in the Sweepstakes: $8,910. Actual ARV of all prizes awarded is dependent upon the race location selected by the Grand Prize winner. All prizes will be fulfilled within 3 to 5 weeks after verification.
6) PRIZE RESTRICTIONS : Gift cards are subject to terms and conditions specified by the issuer. No substitutions, cash equivalents, or transfer of prizes permitted except at the sole discretion of the Sponsor, who reserves the right, where legally permissible, to substitute a prize (or portion thereof) with one of comparable or greater value, except as otherwise provided herein. Prize may not be sold, bartered or exchanged by the winner. Only ten (10) total prizes will be awarded in the Sweepstakes. The Released Parties are not responsible for damage to a prize or loss of a prize after the prize has been delivered to a confirmed winner. Sponsor and Administrator make no warranties, and hereby disclaim any and all warranties, expressed or implied, concerning any prize furnished by third parties in connection with the Sweepstakes. At Sponsors’ sole discretion, prize may vary from what has been advertised, pictured, etc. All prize details not specified in these Official Rules will be determined solely by the Sponsor. Sponsor will not provide any transportation to/from the event.
Travel must be made through the Administrator or Administrator’s travel agent and is subject to the restrictions in these Official Rules. Airline vouchers are valid only on Delta Air Lines operated, published, and scheduled service only from the airport nearest the winner’s residence served by Delta within the Continental United States. If a winner does not live in a city served by Delta Air Lines, the winner is responsible for transportation to and from the nearest airport served by Delta Air Lines. Airline vouchers will not be refunded or redeemed for cash or credit at any time and are subject to all terms and conditions of use as established by Delta Air Lines. Expiration dates will not be extended. Released Parties are not responsible for lost or stolen gift cards, vouchers or tickets, or vouchers or tickets not redeemed by the expiration date. Lost, stolen or expired gift cards, tickets, or vouchers will not be replaced. Certain restrictions may apply.
A deposit or payment in advance, or presentation of a credit card by the Grand Prize winner, may be required at the time of check-in at the hotel. Unless otherwise noted, any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and Grand Prize winner is solely responsible for any charges or fees arising from changes made directly with the hotel or airline. Guests traveling with the Grand Prize winner must, at time of Grand Prize fulfillment, be at least 21 years of age unless they are the child of the Grand Prize winner, in which case the parent or legal guardian of such minor winner must sign and return a release on their behalf. The Grand Prize winner and the Grand Prize winner’s guests are solely responsible for obtaining any travel insurance (and all other forms of insurance) that they wish to obtain at their own expense and hereby acknowledge that the Sponsor and Administrator have not and will not obtain or provide travel insurance or any other form of insurance. The Grand Prize winner is bound by the terms and conditions of all hotels and other third-party service providers used in connection with the Grand Prize.
Grand Prize event components are subject to change without notice. All expenses and incidentals not specifically mentioned in these Official Rules are not included as part of any prize package and are solely each prize winner’s responsibility. By participating, Grand Prize winner and guests agree to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any prize-related activity. Grand Prize winner agrees that the Released Parties are not responsible in any way for any additional expenses, omissions, delays or re-routing resulting from any acts of any government or authority and acknowledge that they are solely responsible for any actions, claims or liabilities of their guests related to any Sweepstakes or prize-related activity, including, without limitation, any actions, claims or liabilities related to a guest’s use of the prize. The Released Parties reserve the right, at their discretion, to remove or to deny entry of any prize winner or prize winner’s guests who engages in a disorderly or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at any event while on trip. The prize will be forfeited if Grand Prize winner is not able to travel or be in attendance on the dates specified by the Sponsor.
The Released Parties are not responsible if tickets, etc. are lost, stolen, or misplaced for any reason by a prize winner or their guests and none will be replaced. Exact dates and locations are subject to change and are at the sole discretion of the Sponsor.
The Released Parties are not responsible for any cancellations, delays, diversions or substitutions or any act or omissions by the hotel or any other persons providing any of these services and accommodations. Winner and guests should be aware of and comply with government guidelines regarding COVID-related travel and mandatory quarantines, as applicable.
If the Grand Prize event, in part or in its entirety, is unable to take place as planned for reasons including, but not limited to, scheduling conflicts, cancellations, postponements, delays, an event of force majeure (any acts of God, natural catastrophes, public enemies, war, acts of terrorism, civil commotion, riot, strikes or labor difficulties, lockout, judicial or government order, or other requirement of law, or national emergencies or any other cause beyond the Sponsors’ reasonable control), an unforeseeable health event (e.g., pandemic or epidemic), or for any other reason whatsoever, or for any other reason whatsoever, then the remaining components of the Grand Prize constitute full satisfaction of the Sponsors’ prize obligation to the winner, and no other additional compensation will be awarded.
7) POTENTIAL WINNER NOTIFICATION AND CLEARANCE: The Potential Grand Prize winner will be contacted by the Administrator via email and will be required to complete, sign, and return the following documents (collectively, the “Documents”):  an affidavit of eligibility and liability release and, where legal, a publicity release;  a travel release (also be required for each guest); and,  an IRS Form W-9 to include his/her social security number that will be used only for the purpose of reporting the winner’s prize earnings to the Internal Revenue Service. If the Potential Grand Prize winner (i) cannot be contacted after a reasonable attempt has been made by Administrator (as determined in Sponsor’s sole discretion); or (ii) fails to return the completed Documents by the date stated in the notification letter/email; or (iii) refuses the prize; or (iv) the prize or prize notification is rejected or returned as undeliverable, then such Potential Grand Prize winner will be disqualified and forfeits all rights to be deemed a winner and an alternate Potential Grand Prize winner will be notified, time permitting. Upon prize forfeiture, no compensation will be given.
8) GENERAL: All federal, state, and other tax liabilities arising from a prize are the sole responsibility of each prize winner. Sponsor and/or Administrator will not enter into any correspondence, including, email, with non-winning entrants. The Official Rules prevail should there be any conflict or uncertainty relating to the promotion based on information or advice provided by any of the Released Parties.
9) CONDUCT: By entering into this Sweepstakes and/or receiving a prize, Entrants and prize winners agree to be bound by these Official Rules and waive any rights to claim ambiguity in the Sweepstakes or these Official Rules. These Official Rules are accessible at www.allfiredupsweepstakes.com throughout the Sweepstakes Period. Failure to comply with these Official Rules will result in disqualification. The Sponsor reserves the right, at its sole discretion, to disqualify any individual: (a) suspected of tampering with the Entry process or the operation of the Sweepstakes; (b) to be acting in any manner deemed by the Sponsor to be in violation of the Official Rules; (c) to be acting in any manner deemed by the Sponsor to constitute unsportsmanlike or disruptive behavior, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10) LIMITATIONS OF LIABILITY: The Released Parties assume no responsibility or liability for (a) any incorrect or inaccurate Entry information, or for any lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the Internet or any combination thereof; or (e) any injury or damage to the participant’s or to any other person’s computer/mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download any materials from/about the Sweepstakes. If, for any reason, the Sweepstakes is not able to run through completion for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, including any other factors beyond Sponsor’s reasonable control such as a Force Majeure (e.g., war, riots, terrorism, civil unrest, strikes, blackouts, supply shortages, order of governmental authority,) an “act of God” (e.g., natural disasters, weather, etc.) or an unforeseeable health event (e.g. pandemic or epidemic), then the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, without further liability to the Entrants or third parties. This Sweepstakes may be canceled or postponed by Sponsor, at any time, in its sole discretion, due to the ongoing pandemic (e.g., Coronavirus/COVID-19). In the event the Sweepstakes is cancelled, Sponsor reserves the right to award the prize from among all eligible non-suspect Entries received prior to the time of the action or event warranting such cancellation. With regard to this Sweepstakes, the Sponsor will only contact those Entrants deemed as potential winners for purposes of clearance and awarding of the prize. These Official Rules prevail should there be any conflict or uncertainty relating to the Sweepstakes based on information or advice provided by any of the Released Parties.
11) ENTRANT AND WINNER RELEASES: All Entrants, as a condition of Entry into the Sweepstakes, agree to release and hold harmless Released Parties from and against any and all liability, loss, claims, demands or actions of any kind whatsoever for injuries, damages, costs, or losses to persons or property which may be sustained in connection with: (a) accessing the Sweepstakes page, as applicable; (b) submitting an Entry or otherwise participating in any aspect of the Sweepstakes; (c) the acceptance, receipt, ownership, use or misuse of any prize awarded; (d) any typographical or other error in these Official Rules or the announcement of the offering of the prize; or (e) any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Each prize winner shall bear all risk of loss or damage to the prize after it has been delivered.
13) DISPUTES: Any attempt by a person to use multiple e-mail accounts to enter more than once will result in disqualification. Entries will be deemed made by the authorized account holder of the e-mail address used at time of Entry. In the event of a dispute over who submitted a winning Entry, the authorized account holder of the e-mail address attached to that winning Entry will be declared the winner. “Authorized Account Holder” is defined as the natural person assigned to a username/e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning usernames/e-mail addresses for the domain associated with the username/e-mail address in question. Potential winners may be asked to provide Sponsor with satisfactory proof that he/she is the Authorized Account Holder of the e-mail address associated with a potential winning Entry. Entry generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, illegible, or corrupted are void and will not be accepted.
14) GOVERNING LAW: This Sweepstakes is conducted in English (which will be given its everyday ordinary meaning), and Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the United States District Court for Atlanta, Georgia or the appropriate Georgia State Court; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes, but in no event attorneys’ fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor’s in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
15) WINNER’S LIST: To receive a copy of the winner’s list, available after July 30, 2021, send an email with subject line: “O’Charley’s NASCAR® Race Weekend Sweepstakes” to email@example.com. All such requests must be received by August 31, 2021.
16) SPONSOR AND ADMINISTRATOR: Sponsor: The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313. The Administrator is Marden-Kane, Inc., 575 Underhill Blvd, Suite 222, Syosset, NY 11791.
O’Charley’s, LLC, Speedway Motorsports, LLC, Phoenix Raceway and National Association for Stock Car Auto Racing, LLC are not sponsors of the sweepstakes.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
© 2021 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.