By participating in the Club Cash program or ordering or accepting any reward, you allow ONMC, the Company and NASCAR, Inc. and their respective providers and 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 Club Cash rewards, events or promotions, might be used to promote the Club Cash program or products or benefits of ONMC. 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.
Fraud or abuse relating to the accrual of Club Cash or the ordering process may result in the forfeiture of your Club Cash and/or right to the reward, as well as the termination of your account and your right to participate in the Club Cash program. You are solely responsible for any fraudulent use of your Club Cash or your account that could occur due to theft or sharing of your password.
We are not responsible for any incorrect or inaccurate information or entry of information, whether caused by ONMC Site users or by any of the equipment or programming associated with or utilized in the Club Cash program or by any technical or human error which may occur in the processing of orders. If any provision of these Club Cash 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 Club Cash Terms and Conditions or the ONCM site Terms and Conditions may result in the termination of your account and any further participation in the Club Cash program, the forfeiture of all allocated Club Cash, and/or the forfeiture of your right to any reward.
We may prohibit you from participating in the Club Cash program or any future promotion if, at our sole discretion, you (i) have tampered with the order process or the operation of the Club Cash program or undermined, disrupted, hindered or interfered with the proper operation of the Club Cash program in any manner whatsoever, (ii) act (a) in an unsportsmanlike manner, (b) with an intent to annoy, abuse, threaten or harass the ONMC, the Company, or any other party, or (c) in any other disruptive manner, (iii) use the Club Cash program for improper, deceitful or unethical purposes or in a manner inconsistent with these Club Cash 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 allocated, benefits and privileges. In addition to discontinuance of Club Cash program participation, we reserve 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. Our failure to enforce any of these Club Cash Terms and Conditions shall not constitute a waiver of its rights or provision hereof.
We may modify any of these Club Cash Terms and Conditions - including, but not limited to, Club Cash program eligibility requirements, application and enrollment procedures, applicable fees or charges, applicable benefits or privileges, the methods through which Club Cash can be allocated, how Club Cash can be used, the value of Club Cash, the conditions under which Club Cash may be forfeited, the content and availability of rewards, these Club Cash terms and conditions, and any other applicable rules, guides, terms or policies pertaining to the Club Cash programs - at any time, with or without notice, even though these changes may affect your status, ability to use the Club Cash that you have already earned or other rights, benefits or privileges under the Club Cash program.
The Club Cash program has no predetermined termination date and may continue until such time as ONMC decides to terminate the Club Cash program. ONMC may terminate the Club Cash program at any time, with notice to you using your current contact information on file under your account. You will have three (3) months from the date any Club Cash program termination is announced to use Club Cash. Any Club Cash that is remaining in your account at the expiration of such period will be forfeited and no compensation will be provided therefore.
Your continued participation in the Club Cash program constitutes your acceptance of any changes to these Club Cash Terms and Conditions. You are responsible for remaining knowledgeable as to any changes that ONMC may make to these Club Cash Terms and Conditions.