NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES ENTRY PERIOD: The Destiny Homes S.M.A.R.T Series Dream Home Giveaway, Presented by Iowa Realty (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Wednesday, May 22, 2019 and ends at 11:59:59 PM ET on Friday, June 21, 2019 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States (excluding Florida and New York) and the District of Columbia, who are age 18 or older at the time of entry. Void in Florida, New York, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Destiny Homes (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”), Iowa Speedway, LLC, NASCAR, Inc. and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Iowa Speedway, LLC, and NASCAR, Inc., are not sponsors of this promotion.
Limit: One (1) Entry per person per 24 hour period, regardless of whether entrant has more than one email address. All entries become the property of the Sponsor and will not be acknowledged or returned.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Grand Prize: There is one (1) Grand Prize available to be won. Grand Prize consists of a chance to win winner’s choice of a new S.M.A.R.T. Series home to be built by Destiny Homes in an location within the state of Iowa to be determined by the Sponsor (ARV: $250,000) or $200,000 cash (ARV: $200,000), if the #24 Destiny Homes S.M.A.R.T. Series truck driven by Brett Moffitt (or a replacement driver) is deemed to be the official winner by NASCAR in all three (3) of the following NASCAR Gander Outdoors Truck Series races:
The ARV of Grand Prize: $200,000 minimum / $250,000 maximum. *If race is cancelled or rescheduled after December 31, 2019, prize will not be awarded. Odds of winning the Grand Prize will depend upon the total number of eligible entries received and the outcome of the three (3) applicable NASCAR Gander Outdoors Truck Series races listed above.
First Prize: There is one (1) First Prize available to be won. First Prize consists of a chance to win a 2019 Chevrolet Silverado if the #24 Destiny Homes S.M.A.R.T. Series truck driven by Brett Moffitt (or a replacement driver) is deemed to be the official winner by NASCAR in all two (2) of the following NASCAR Gander Outdoors Truck Series races:
The ARV of First Prize: $50,345. *If race is cancelled or rescheduled after December 31, 2019, prize will not be awarded. Odds of winning the First Prize will depend upon the total number of eligible entries received and the outcome of the two (2) applicable NASCAR Gander Outdoors Truck Series races listed above.
Second Prize: There is one (1) Second Prize available to be won. Second Prize consists of a chance to win $10,000 if the #24 Destiny Homes S.M.A.R.T. Series truck driven by Brett Moffitt (or a replacement driver) is deemed to be the official winner by NASCAR in the NASCAR Gander Outdoors Truck Series race at Gateway Motorsports Park on June 22, 2019 (or, if postponed, a replacement date prior to December 31, 2019*).
The ARV of Second Prize: $10,000. Second Prize to be awarded in the form of a check. *If race is cancelled or rescheduled after December 31, 2019, prize will not be awarded. Odds of winning the Second Prize will depend upon the total number of eligible entries received and the outcome of the applicable NASCAR Gander Outdoors Truck Series races listed above.
The total ARV of all prizes available to be won: $260,345 minimum / $310,345 maximum.
RANDOM DRAWING: If applicable, the winners will be selected in a random drawing on or about Wednesday, June 26, 2019 from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.
WINNER NOTIFICATION & VERIFICATION: Potential winners will be notified via email and/or phone, and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected. Prizes will be awarded within approximately 45 days after winners are verified.
If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf, as applicable.
If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the prize may remain un-awarded.
PRIZE CONDITIONS: Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Actual value of S.M.A.R.T. Series Home Prize depends on market fluctuations. All components (as applicable) of the S.M.A.R.T. Series Home Prize will be selected by Sponsor at its sole discretion. The S.M.A.R.T. Series Home Prize shall be conveyed to the Grand Prize Winner without representations or warranties, express or implied, other than those, if any, provided by the contractor (“Contractor”) whom Sponsor has commissioned, and any applicable manufacturers’ warranties. Real estate transfer taxes, deed recording charges, closing costs, current and future real estate taxes, title insurance, homeowner’s hazard and liability insurance, and all other taxes, costs, fees, and expenses related to the purchase, receipt, ownership and maintenance of the house shall be the responsibility of the winner commencing as of the date the winner accepts the Grand Prize. The Released Parties, as defined below, shall not be responsible for construction delays and condition of title to home shall otherwise be as set forth in the agreement to transfer ownership of the S.M.A.R.T. Series Home. If the winner cannot take possession of the S.M.A.R.T. Series Home due to a force majeure event, failure of construction, or any other reason as determined by Sponsor in its sole discretion, winner shall receive the $200,000 Cash option.
The ARV of the 2019 Chevrolet Silverado (the “Vehicle”) is of date of drafting these Official Rules. The difference in value of the Vehicle as stated herein and value at time of prize notification/award, if any, will not be awarded. Sponsor is not responsible for delays in delivery of the Vehicle. Winner must take delivery of Vehicle from the automobile dealership designated by the Sponsor. Sponsor shall use best efforts; however, to select a dealership that is close to winner’s primary residence. Vehicle will be available with standard equipment, as designated by the Sponsor; any upgrades and options are at the sole expense of the winner. Color, package, factory options, and other prize specifics to be determined by Sponsor in its sole discretion and are subject to availability. Sponsor reserves the right, in its sole discretion, to require the winner to select the Vehicle from available dealer stock. Winner shall bear all risk of loss or damage to the Vehicle after it has been delivered to the specified delivery site. Winner will be responsible for any and all costs associated with the collection and use of the Vehicle, including but not limited to, optional equipment, freight and dealer prep, title, license, insurance, registration fees, applicable taxes and any travel and transportation costs associated with collecting the Vehicle. All other costs not specifically stated herein are the responsibility of the winner. Winner must personally retrieve the Vehicle within 30 days of written notification of delivery. Winner must have proof of a valid U.S. driver’s license from his or her State or place of residence in the United States and proof of insurance to take delivery of Vehicle; noncompliance may result in forfeiture of prize.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Winners will be required to furnish their Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
GENERAL: Although subsequent attempts to enter in a given 24-hour period may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, Iowa Speedway, LLC, NASCAR, Inc. and their parents, subsidiaries, affiliates, and all other businesses involved in this Sweepstakes, as well as the employees, shareholders, directors, officers, members, successors, agents and assigns of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Iowa, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Dallas County, Iowa and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Dallas County, Iowa. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Dallas County, Iowa. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by June 26, 2019, to: The Destiny Homes S.M.A.R.T Series Dream Home Giveaway Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after June 26, 2019), send a stamped, self-addressed envelope (no later than July 26, 2019, to: The Destiny Homes S.M.A.R.T Series Dream Home Giveaway Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: Destiny Homes, 750 SE Alice’s Road, Waukee, IA 50263.
SWEEPSTAKES ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044
Void in Florida, New York, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S. and wherever else prohibited by law.
Iowa Speedway, LLC, and NASCAR, Inc., are not sponsors of this promotion.