TITAN RIDE AND DRIVE PROMOTION (“PROMOTION”)
NO PURCHASE NECESSARY TO PARTICIPATE
Between 12:00 PM CT and 8:00 PM CT, July 13, 2018 through July 22, 2018 all eligible participants that: (i) visit the Nissan Titan Ride and Drive tent in the Six Flags Over Texas parking lot located at 2201 Road to Six Flags, in Arlington, TX 76011; and (ii) complete a Release of Liability Waiver (“Waiver”), will get the opportunity to drive the provided Nissan vehicle, or be a passenger, in the Nissan Titan Ride and Drive course (“Drive”) and will receive, while supplies last, ten (10) dollars of Six Flags Over Texas in park spending money (“Premium”) (ARV: $10). Premium expires on December 31, 2018. Premium redeemable at any Six Flags Over Texas restaurant and gift shop. Visit sixflags.com for 2018 operating schedules. Up to four (4) participants can participate in the Drive at one time. The Drive takes place on an obstacle course and lasts about three to five minutes.
BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS AND GUESTS ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN PARTICIPAING IN THE PROMOTION, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGE THAT HIS/HER PARTICIPATION IN THE PROMOTION IS VOLUNTARY, ACKNOWLEDGE THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFTEY OF THE ACTIVITY HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT THE PROMOTION ENTITIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
Driving participants must be at time of participation: (i) legally and physically residing in one of the 50 United States or the District of Columbia and be at least 18 years of age (19 in Alabama and Nebraska, 21 in Mississippi); and (ii) be a licensed motor vehicle driver and possess current car insurance valid for driving a motor vehicle in the United States. Passenger participants need not possess a driver’s license or car insurance but must otherwise meet the above eligibility or they can only participate in the vehicle ride with their parent/legal guardian who must also be one of the passengers. Other conditions and restrictions may apply. All guests participating must also be at least 18 years of age (19 in Alabama and Nebraska, 21 in Mississippi) or their parent/legal guardian must be the driver of one of the other applicable guests. Offer only good while supplies last. Employees, including their immediate families and members of the same household, of Nissan North America, Inc. (“Sponsor”) and The Marketing Arm Inc. (“Administrator”), and their respective parent companies, affiliated companies, subsidiaries, advertising, promotion and administrative agencies, and their respective agents, employees, officers, directors, successors and assigns (“Promotion Entities”) are not eligible to participate. Limit one (1) ride and/or drive experience per person. Limit one (1) Premium per participant. Offers cannot be combined with any other offer or sold or redeemed for cash. No substitutions or rain checks. Premiums cannot be transferred or assigned. Theft, diversion, reproduction, transfer, sale or purchase of this offer is prohibited and constitutes fraud. Void if altered, duplicated, copied, reproduced, transferred, sold, exchanged or expired. Sponsor reserves the right, in its sole discretion, to substitute Premium with one of equal or greater value. Promotion Entities are not responsible for lost, damaged or stolen Premiums. THIS PROMOTION AND ALL PREMIUMS ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PARTICIPANTS ACKNOWLEDGE THAT PROMOTION ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW RELATIVE TO THE PREMIUM AND ANY IMPLIED WARRRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. By participating in Promotion and/or accepting a Premium participants agree to indemnify, defend and hold harmless Promotion Entities from any and all damages, claims, and liability arising out of or relating in any way to participant’s participation in Promotion and acceptance, use or misuse of any Premium and to release all rights to bring any claim, action or proceeding against Promotion Entities for any injuries or death, theft, loss or damage of any kind, or any other harm suffered directly or indirectly arising from or in connection with participating in Promotion. Promotion Entities are not responsible if Promotion cannot take place or if any Premium cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Promotion Entities. Promotion Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Promotion, or for any equipment, operating conditions, technical, hardware, software, telephone or other communications malfunctions of any computer system, telephone network or lines, mobile phone, vehicle, errors or failures of any kind, lost or unavailable network connections, web site, Internet or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to request or receive a Premium, including, without limitation, any injury or damage to any computer, computer system/software, mobile phone or other portable electronic device, relating to or resulting from participation in this Promotion. Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, extend or suspend Promotion should, in its sole discretion, virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion or for any other reason.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be in possession of or suspected of being under the influence of alcohol, to be behaving in a disorderly or disruptive manner, to be tampering with the operation of the Promotion or web site or to be acting in violation of these Terms and Conditions or to be acting in a non-sportsmanlike or disruptive manner. Sponsor may prohibit participation in the Promotion if, in its sole discretion, it determines that said person is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices or intending to annoy, abuse, threaten or harass Sponsor or any other person. All federal, state and local taxes are the sole responsibility of the participant. All other costs and expenses associated with Premium are solely recipient’s responsibility. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
IN THE EVENT PARTICIPANT ATTEMPTS TO BRING A CLAIM, ACTION OR PROCEEDING AGAINST PROMOTION ENTITIES DESPITE AGREEING NOT TO DO SO ABOVE IN THESE TERMS AND CONDITIONS, AS A CONDITION OF PARTICIPATING IN THE PROMOTION, PARTICIPANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) PARTICIPANT WAIVES THE RIGHT TO A JURY TRIAL OF ANY AND ALL ISSUES AND THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PREMIUM AWARDED, SHALL BE RESOLVED INDIVIDUALLY — WITHOUT RESORT TO ANY FORM OF CLASS ACTION — BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ; AND (III) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES. THIS PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE TERMS AND CONDITIONS AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE TERMS AND CONDITIONS AND/OR THE PROMOTION, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEEDERAL COURTS IN THE MIDDLE DISTRICT OF TENNESSEE OR IN THE STATE COURTS IN WILLIAMSON COUNTY, TENNESSEE, THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS.
Between 12:00 PM CT and 8:00 PM CT, July 13, 2018 through July 22, 2018 all eligible participants that: (i) visit the Nissan Titan Ride and Drive tent located in the Six Flags Over Texas parking lot at 2201 Road to Six Flags, in Arlington, TX; and (ii) complete the waiver will get the opportunity to drive the provided vehicle, or be a passenger, in the Nissan Titan Ride and Drive course and will receive ten (10) dollars of Six Flags Over Texas in park spending money with an ARV: $10). While supplies last. Offer limited to driver participants that are U.S. citizens or U.S. resident aliens who are physically located in and legal residents of one of the 50 US or the District of Columbia at least the age of majority in their state of residence: 18 years of age in most states, 19 in Alabama or Nebraska, 21 in Mississippi and are licensed motor vehicle drivers; passenger participants need not possess a driver’s license but must otherwise meet the above eligibility or participate in the vehicle with their parent/legal guardian. No purchase necessary. Void where prohibited or restricted by law. Sponsor: Nissan North America, Inc., 1 Nissan Way Franklin, TN 37067. Complete terms and conditions available at: sixflags.com/Nissan.