The Program, including any predecessor, successor or subsequently named version of the NASCAR RacePoints®
Program (the "Program") is offered by Augeo Affinity Marketing (the "Administrator") to permit NASCAR®
fans and other members of the NASCAR community the opportunity to take advantage of rewards, products, services, privileges, benefits and experiences ("Rewards") offered through the Program from the Administrator and its participating Program sponsors, affiliates, partners and service and product providers (together, "Providers"). By using this website ("Site") and/or participating in the Program, you agree, fully and unconditionally, to be bound by these Terms and Conditions, as well as by (a) any user agreements, terms and conditions, or other documents pertaining to the Administrator's or Provider's websites, (b) any NASCAR RacePoints, Rewards or other rules or guides distributed by the Administrator (including, without limitation, the Program Guide, as defined below) and (c) any other rules, guides, terms or policies designated by the Administrator from time to time pertaining to the Programs, all of which are deemed incorporated into these Terms and Conditions. Participation in the Program is contingent upon your compliance with these Terms and Conditions. If you do not comply with these Terms and Conditions you may be prohibited from participating in the Program. Please review these Terms and Conditions from time to time, as they are subject to change without notice.
PROGRAM DESCRIPTION Subject to these Terms and Conditions and other applicable terms, you will be permitted to redeem RacePoints for designated Rewards. See http://racepoints.nascar.com/rewardhome/RedemptionCatalog.aspx
for a list of Rewards offered through the Program. This list may also change without notice. Providers may be added to or removed from the Program at any time with or without notice. If a Provider is removed from the Program, you will still retain any RacePoints remaining in your Account that were earned through that Provider, except as explicitly noted.
ELIGIBILITY To participate, you must be 18 years of age or older and a legal resident of the 50 United States, the District of Columbia or the Commonwealth of Puerto Rico.
REGISTRATIONTo participate, you must have a NASCAR RacePoints Account ("Account"). To open an Account, you must register (registration is free) in your own name. Participants in the Program may not represent or act as a proxy for others. You can register online or over the phone by calling 1-866-579-RACE (7223). You will be required to provide your first and last name, date of birth (DOB), mailing and email addresses, country of residence, phone number, gender and a few of your NASCAR preferences. By completing this registration, you are opting into the Program and agree to receive communications from the Administrator. You will receive by email periodic updates to the Program, which may include special offers and promotions, as well as a periodic statement of the activity in, and status of, your Account. You may also receive relevant information from Providers. You may choose to limit these communications by modifying the communications preferences in your profile located at http://racepoints.nascar.com/Account/AccountDetails.aspx
. You may also call our Customer Service Department at 1-866-579-RACE (7223) to make changes to your Account profile. Limit one Account per person and per email address. In the event of a dispute as to Accounts opened by multiple users having the same email account, the authorized subscriber of the email account used at the actual time of registration (as determined by Administrator) will be deemed to be the Account holder. Upon successful completion of the registration process, we will set up an Account for you. An Account will generally be activated within ten (10) business days of valid registration. You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or Account.
REVIEWING RACEPOINTS AND YOUR ACCOUNT INFORMATION You can review the RacePoints you have accumulated at http://racepoints.nascar.com/Reporting/ReportList.aspx
. You are responsible for ensuring that the information in your Account is accurate and kept current. If you believe that your Account does not properly reflect RacePoints earned, you must notify the Administrator's Customer Service Department or the applicable Provider in writing within ninety (90) days of the date you earned the RacePoints.
REDEEMING RACEPOINTSYou may redeem your RacePoints for a Reward by visiting http://racepoints.nascar.com/rewardhome.aspx
. Note that any printed catalogs or Rewards offers may be an incomplete reference to available Rewards and that only the online Rewards Catalog will provide a complete list of available Rewards. A select number of race tickets and experiences available in the Rewards Catalog will be reserved at reduced RacePoints values for NASCAR Visa Signature cardholders. If you have insufficient RacePoints in your Account for the applicable Reward, or do not otherwise satisfy all of the terms for receipt of a Reward, the Reward order will not be fulfilled and you will be notified accordingly. If the Reward order is fulfilled and Administrator later discovers that you did not have sufficient RacePoints for that Reward, you may (i) forfeit all future point earnings until such time as you accrue sufficient RacePoints to cover the Reward, or (ii) be required to return or pay for the Reward, as determined by Administrator in its sole discretion. Administrator reserves the right to commence litigation to seek civil and/or criminal penalties, monetary damages and equitable relief, if necessary. RacePoints from two or more Accounts may not be combined to order any Reward. We will send you an email to confirm your order has been received. Once your order has been confirmed, the RacePoints redeemed for that order cannot be returned, refunded, credited or reused. If you order a Reward, you will be responsible for any expenses not explicitly stated in the description of the Reward (including shipping and handling unless otherwise noted), including, but not limited to, any applicable taxes. Without limiting the foregoing, the Administrator will not be liable or responsible in any manner for any tax consequences which may result from your participation in the Program. You are solely responsible for the payment of all taxes payable and benefits acquired as a result of your participation in the Program and the earning, conversion, holding or use of RacePoints and for all applicable filing and reporting obligations, including, without limitation, obligations with respect to tax filings. You should consult with your tax advisor regarding the accumulation, conversion and use of RacePoints. Rewards may be subject to certain restrictions and blackout dates. You are not allowed to substitute, transfer or redeem for cash or additional RacePoints any of the Rewards. Administrator, however, reserves the right to substitute your Reward with a Reward of a similar or greater value if your chosen Reward is unavailable for any reason. In such event, we may notify you via email.
REDEEMING RACEPOINTS FOR THIRD PARTIES You can also redeem your RacePoints to order Rewards for other people. However, Administrator may at any time, in its discretion, determine that a particular Reward may not be secured for a third party. You are responsible for furnishing any third party with a Reward and third parties shall have no claim against Administrator, any Provider, National Association for Stock Car Auto Racing, Inc. ("NASCAR, Inc."), Turner Sports Interactive, Inc. ("TSI") (which, among other things, operates the NASCAR.COM website) or their respective parent, affiliate and subsidiary companies, or their respective directors, officers, employees, contractors or agents for their failure to obtain any portion of any Reward or for any injury or damage sustained by them in connection with any Reward.
CLAIMING YOUR REWARD If you order a Reward, we reserve the right to require that you complete and return an affidavit of participation and liability and publicity releases ("Requested Documents"). We must receive any such Requested Documents within two (2) weeks of the date of such request. If we do not receive such Requested Documents within that time, or your information on such Requested Documents is illegible, incomplete or inaccurate, you may forfeit your right to that Reward, as well as any RacePoints redeemed for that Reward. In such circumstances, we also reserve the right to cancel your Account, to prohibit you from further participation in the Program, and to re-offer that Reward. We will email any Requested Documents to you. We recommend that you send any Requested Documents to us by U.S. Certified Mail. We will not be responsible for lost, late, stolen, illegible, inaccurate, incomplete, misdirected or postage-due mail. We will also not be responsible for mail that is damaged, mutilated or separated due to improper packaging. Mail your Requested Documents to the address listed below (this address will also be listed in the email sent to you): NASCAR RacePoints, 2561 Territorial Road, Saint Paul, MN 55114.
SHIPPING AND HANDLING If, based upon a review of your Requested Documents, you are eligible to receive the Reward, your Reward will be mailed to the mailing address you provided during registration (or any substitute address that you have validly entered for your Account) within approximately four to six (4-6) weeks from the date we receive your Requested Documents. If you are eligible to receive more than one Reward, or if your Reward contains more than one part, we may ship such items or parts separately. Unless otherwise disclosed with respect to an applicable Reward, you will be required to pay any shipping and handling charges for the Rewards you receive. Neither the Administrator, NASCAR, Inc. nor TSI is responsible for any damages, losses or delays in connection with any shipments to you.
PUBLICITY By participating in the Program or ordering or accepting any Reward, you allow the Administrator, any Provider, NASCAR, Inc., TSI and their respective affiliated companies, and any of their respective sponsors or co-promotional partners, to use your name, photograph and likeness, and any postings you may make on websites (including, without limitation, the NASCAR.COM website), for advertising or promotional purposes, including online announcements. For example, and not by way of limitation, photographs taken at competitive events or in connection with RacePoints Rewards, events or promotions, might be used to promote the Program or the Administrator's or a Provider's services, products or benefits. You grant permission for any such use anywhere in the world and in any medium, without qualification or reservation of any rights and without the requirement of payment of any compensation to you or your family, except where prohibited by law.
EXPIRATION OF RACEPOINTS Racepoints expire 5 years from the date of issuance. In addition, if you close your Bank of America NASCAR Credit or Debit Card, or it is closed by the Bank, all unused points issued for Bank of America activities will be immediately expired. Certain Providers may define additional expiration rules for points issued for use of their products and services.
If a participant fails to comply with these Terms and Conditions, or if a participant's Account is suspended or otherwise no longer in good standing, or if a participant cancels his or her Account, or for other reasons in the sole discretion of the Administrator, the Administrator may terminate the participant's participation in the Program, and any remaining RacePoints in the participant's Account will be forfeited and no compensation or other consideration will be provided.
FRAUD Fraud or abuse relating to the accrual of RacePoints or the ordering process may result in the forfeiture of your RacePoints and/or right to the Reward, as well as the termination of your Account and your right to participate in the Program. You are solely responsible for any fraudulent use of your RacePoints or your Account that could occur due to theft or sharing of your password. The Program is a service provided to an individual user, not a company or group of individuals. It is considered fraudulent and abusive for any individual, company or group to direct, encourage, or allow individuals to jointly use a single Account for the purpose of accumulating RacePoints. We may disqualify or refuse any order we believe to be fraudulent, illegitimate or in violation of these Terms and Conditions.
MODIFICATION AND TERMINATION OF THE PROGRAM The Administrator may modify any of the terms and conditions governing the Program - including, but not limited to, Program eligibility requirements, application and enrollment procedures, applicable fees or charges, applicable benefits or privileges, the methods through which RacePoints can be earned, how RacePoints can be used, the value of RacePoints, the identity of the Providers, the conditions under which RacePoints may be forfeited, the content and availability of Rewards, these Terms and Conditions, and any other applicable rules, guides, terms or policies pertaining to the Programs (including, without limitation, the Program Guide) - at any time, with or without notice, even though these changes may affect a participant's status, ability to use the RacePoints that he or she has already earned or other rights, benefits or privileges under the Program.
The Program has no predetermined termination date and may continue until such time as the Administrator decides to terminate the Program. The Administrator may terminate the Program at any time, with notice to the participant using his or her current contact information on file under his or her Account with the Administrator. Participants will have three (3) months from the date any Program termination is announced to use RacePoints. Any RacePoints that are remaining in a participant's Account at the expiration of such period will be forfeited and no compensation will be provided therefore.
A participant's continued participation in the Program constitutes that individual's acceptance of any changes to these Terms and Conditions. You are responsible for remaining knowledgeable as to any changes that the Administrator may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the http://racepoints.nascar.com/Home/Terms.aspx
website pertaining to the Program and will supersede all previous versions of these Terms and Conditions.
- The Program is void where prohibited by law.
- All questions or disputes regarding the Program, including, without limitation, all questions or disputes regarding an individual's eligibility for the Program, the earning, use or conversion of RacePoints, or a person's compliance with these Terms and Conditions will be resolved by the Administrator in its sole discretion.
- YOU AGREE THAT YOUR PARTICIPATION IN THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, YOUR USE OF ANY REWARD, IS AT YOUR SOLE RISK. ADMINISTRATOR, NASCAR, INC., TSI and PROVIDERS EXPRESSLY DISCLAIM ALL LIABILITY FOR AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL REWARDS ARE PROVIDED "AS IS" AND ARE NON-RETURNABLE AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT NASCAR, INC. HAS NO RESPONSIBILITY FOR OFFERING OR ADMINISTERING THE PROGRAM.
- Neither Administrator, TSI nor NASCAR, Inc. makes any warranty that this Site will be uninterrupted, timely, secure or error free or that any errors on this Site will be corrected.
- By participating in the Program, you agree to release and hold Administrator, all Providers, NASCAR, Inc., TSI and their respective parent, affiliate and subsidiary companies and their respective employees, officers, directors, agents, contractors and representatives harmless from any and all losses, damages, rights, claims and actions of any kind including, without limitation, personal injuries, death and property damage, and claims based on publicity rights, defamation, or invasion of privacy, either directly or indirectly related to or arising from the Program, or from acceptance, possession, misuse, or use of any Reward. Under no circumstances shall Administrator, any Provider, NASCAR, Inc., TSI or their respective parent, affiliate and subsidiary companies, or any of their respective directors, employees, contractors or agents be liable for any indirect, incidental, consequential, special or exemplary damages (even if they have been advised of the possibility of such damages), arising from (1) your participation in the Program, (2) your use or misuse of or your inability to use any Reward or (3) any failure, delay or decision by Administrator in administering this Program.
- Administrator is not responsible for any incorrect or inaccurate information or entry of information, whether caused by Site users or by any of the equipment or programming associated with or utilized in the Program or by any technical or human error which may occur in the processing of orders. Administrator assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, orders. Administrator is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating or downloading materials in this Program.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Minnesota, without reference to its conflicts of law provisions. You agree to submit to the exclusive jurisdiction of the federal, state and local courts located within the State of Minnesota.
- If any provision of these Terms and Conditions is found invalid or unenforceable, that provision shall be modified or eliminated to the minimum extent necessary, and the other provisions herein shall remain in full force and effect.
- Any failure to follow these Terms and Conditions or the Site Policies may result in the termination of your Account and any further participation in this Program, the forfeiture of all RacePoints you have accrued, and/or the forfeiture of your right to any Reward.
- Administrator may prohibit any person from participating in this Program or any future promotion if, at the sole discretion of Administrator, such person (i) has tampered with the order process or the operation of the Program or undermined, disrupted, hindered or interfered with the proper operation of the Program in any manner whatsoever, (ii) acts (a) in an unsportsmanlike manner, (b) with an intent to annoy, abuse, threaten or harass the Administrator or any other party, or (c) in any other disruptive manner, (iii) uses the Program for improper, deceitful or unethical purposes or in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines or ordinances. Discontinued participation may result in the loss of all earned RacePoints, benefits and privileges. In addition to discontinuance of Program participation, the Administrator reserves the right to take appropriate administrative and legal action, including, without limitation, the right to seek damages and other remedies from any person to the fullest extent permitted by law and to seek criminal prosecution, as it deems necessary in its sole discretion. The Administrator's failure to enforce any of these Terms and Conditions shall not constitute a waiver of its rights or provision hereof.
These rules apply to NASCAR® branded Debit Cards ('Debit Card(s)') offered through Bank of America.
Authorization to Share You authorize Bank of America to provide your identification, transaction and experience information to the National Association for Stock Car Auto Racing, Inc. ("NASCAR" or "NASCAR, Inc."), its agents and Augeo Affinity Marketing ("Augeo") to the extent needed to (1) enroll you in NASCAR RacePoints® program; (2) to accrue and redeem NASCAR RacePoints rewards; and (3) reasonably assist Augeo with the administration of the NASCAR RacePoints program.
or call 1-866-579-7223 for more information. Augeo is solely responsible for the terms and conditions of your participation and point accumulation in the NASCAR RacePoints program. Augeo may change the terms and conditions of the NASCAR RacePoints program at any time with or without prior notice. All NASCAR RacePoints terms and conditions apply to the NASCAR RacePoints rewards accumulated pursuant to these Rules.
and NASCAR RacePoints®
are trademarks and service marks of NASCAR, Inc. and are used under license by the Administrator.