Food City 500 Tailgater of the Race

Official Rules

ELIGIBILITY: The Food City 500 Tailgater of the Race Contest (“Contest”) is open only to legal residents who are 18 years of age or older at the time of entry. Employees of KVAT Food Stores, Inc. (“Food City”) (“Administrator”) and/or those living in the same household are not eligible. Void where prohibited by law. This Contest is subject to all federal, state and local laws and regulations.

AGREEMENT TO OFFICIAL RULES: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor/Administrator, which are final and binding in all matters related to the Contest.

HOW THE CONTEST WORKS: The Food City 500 Tailgater Judging Team (“Judging Team”) will be judging fans tailgating in the Bristol Motor Speedway campground area on Saturday, April 6, 2019 to determine which fans have the most spirit. Judging will take place for approximately (1) hour and will begin approximately two (2) hours prior to the start of the Alsco 300. Tailgating groups/teams must have at least five (5) people; must be set up and ready when the Judging Team arrives and must be tailgating. Entrants may be on a maximum of one (1) tailgating team in this Contest.

HOW TO ENTER: Beginning approximately two (2) hours prior to the start of the Alsco 300 Saturday, April 6, 2019, while contestants are tailgating, the Judging Team will drive around in a golf cart searching for the best tailgaters. From the tailgating teams (“Teams”) they see, in their sole discretion, they will select and invite tailgating teams to participate based on which Teams meet the tailgating team eligibility requirements set forth herein and appear to have the most enthusiasm and spirit. Each selected tailgating team will be asked if they would like to participate and, if so, each member of the Team must sign an Official Registration/Release Form and consent to being videotaped while demonstrating their Food City 500 Tailgater Spirit. If selected to participate, Teams must complete an Official Registration/Release Form by signing their names, hand printing their complete name, street address, city, state, zip code, date of birth and daytime phone number, and give their completed registration form to the Judging Team. Teams must select one (1) representative to serve as the Team’s point of contact. Teams must then demonstrate their Food City 500 Spirit (in 15 seconds or less) while being videotaped.

The Judging Team will judge each Team based on Originality and Creativity, Enthusiasm and Spirit, and Appropriateness to the Food City 500 event. The Food City 500 Tailgater of the Race Winning Team will be notified at their original tailgate location where they were videotaped in order to be declared the “Food City 500 Tailgater of the Race” winning team and receive their prize or an alternate will be selected, time permitting. If potential Race Day Winning Team has left the tailgating area where entry occurred prior to notification, the team will automatically be disqualified and an alternate will be selected, time permitting. The Race Day Winning Team’s representative will accept the Race Day Prize and shall be solely responsible for the distribution of the prize to the various tailgater Team members, making any and all arrangements in connection with the prize, signing all necessary forms and releases. Limit one (1) Race Day Prize per participant.

In the event of the scheduled Food City 500 does not occur, Sponsor and the Judging Team reserve the right, to change the date of that race’s “Tailgater of the Race” Contest or revise the Contest to eliminate the Contest completely. Sponsor and Judging Team reserve the right in its sole discretion to disqualify any entry which reflects negatively towards Sponsor, Administrator, or the Promotional Participants, or contains profanities, inappropriate gestures or does not comply with the Official Rules, in their sole and final discretion. Sponsor and Tailgater Judging Team reserve the right to refuse entry to any person, at its sole discretion. Consenting to being videotaped grants Sponsor and Administrator the right to publish, use, adapt, edit, and/or modify such videotape, in any way, in any and all media, without limitation, and without consideration or expectation of future consideration to the entrant. Submission of an entry further constitutes the entrant’s consent to irrevocably assign and transfer to Sponsor and Administrator any and all rights, title and interest necessary to use the videotape, including, without limitation, entrant’s right of publicity. By entering and participating in the contest, entrants, on behalf of themselves) hereby grant Sponsor and Administrator a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and unrestricted right and license to use, publish, reproduce, display, perform, adapt, modify, edit, duplicate, broadcast, distribute, have distributed and promote, for commercial use or otherwise, such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose; acknowledge and understand that Sponsor and Administrator shall be the sole and exclusive owners of such material, including all copyrights and other intellectual property rights.


PRIZES & APPROXIMATE RETAIL VALUES (“ARV”): Grand Prize: One (1) $500 Food City Gift Card, Four (4) tickets to the Food City 300 on August 16, 2019, Four (4) tickets to the Bass Pro Shops NRA Night Race on August 17, 2019 and a tailgating prize package. Grand Prize ARV: $1,150.00. Gift Cards are not redeemable or exchangeable for cash and are subject to all terms and conditions of use as established by issuer. Prizes consist of only the items specifically listed as the prize. Sponsor reserves the right to substitute prize of equal or greater value. No substitution, cash redemption or transfer of prize by winner permitted. All federal, state and local taxes are the sole responsibility of winner. Winning a prize is subject to verification.

PUBLICITY: Except where prohibited, participation in the Contest constitutes entrant’s consent for Sponsor/Administrator to use entrant’s name, likeness, prize information, city and state of residence for promotional purposes in any media without further consideration.

RELEASE AND LIMITATIONS OF LIABILITY/GENERAL RULES: Except where prohibited, by participating in the Contest, entrants agree to release and hold harmless Food City, Inc., Bristol Motor Speedway and each of their respective parents, subsidiaries, affiliates, promotional partners, prize partners, agents and agencies, and the officers, directors and employees of them (the “Released Parties”) from and against any claim or cause of action arising out of participation or attempt to participate in the Contest or receipt, use or misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) typographical or other error in the printing, the offering or the announcement of any prize; errors in the administration of the Contest or the processing of entries; (c) injury or damage to persons or property which may be caused directly or indirectly, in whole or in part from entrant’s participation in the Contest or receipt, use or misuse of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the contest and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and Administrator reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these official rules. Sponsor and Administrator reserves the right to cancel or modify the Contest if fraud, misconduct or technical failures destroy the integrity of the Contest or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the program as determined by the Sponsor and Administrator, in their sole discretion. No more than the stated number of prizes will be awarded. All materials submitted become the property of the Sponsor and Administrator and will not be returned.

DISPUTES: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resorting to any form of class action, and exclusively in the appropriate Virginia State Court located in Washington County, Virginia; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Promotion, 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 entrant and Sponsor and Administrator in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia.

PRIVACY: All personal information submitted by you as part of a Contest will be treated in accordance with the Administrator’s Privacy Policy available at www.foodcity.com except as otherwise described in these Official Rules. By participating in a Contest, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits, and releases, will be collected, used and disclosed by Administrator or Sponsor and its authorized agents, representatives, and other third parties involved in the execution, administration, or hosting of a Contest, for the purposes of administering a Contest and prize fulfillment and may be further publicized as described above.

WIN LIST: For the names of the winners, available after 4/20/19, send a separate, self-addressed, stamped (#10) envelope to: Food City 500 Tailgater of the Race Contest Win List, 1 Food City Circle, Abingdon, VA 24212 to be received by 4/25/19.

SPONSOR: K-VA-T Food Stores, Inc. (dba Food City), 1 Food City Circle, Abingdon, VA 24212