Terms and Conditions

Auctionwire Inc. (“Auctionwire”) has been retained by VF Jeanswear Limited Partnership to administer on its behalf the Auction discussed below; the relationship of Auctionwire and VF Jeanswear Limited Partnership is that of independent contractors. Auctionwire takes bidding activity very seriously and as such you are herby notified that by placing a bid through eBay the account holder or auction winner becomes legally bound to the Terms and Conditions set forth in this registration form and the Terms and Conditions stated on the eBay auction web site (“http://www.ebay.com/wranglerdaleearnhardtjr”).

1. Auction is open only to legal residents of the United States and Canada who are 18 years of age or older with a valid driver’s license.

2. Travel will be provided for the winning bidder and a guest departing from the United States or Canada. Travel includes round trip coach class air travel departing from a major commercial airport. Auction Winner and guest must travel on same itinerary (as set by VF Jeanswear Limited Partnership in its sole discretion). If the winning bidder is departing from Canada, travel includes departure form a major Canadian airport HUB or as determined by VF Jeanswear Limited Partnership, in its sole discretion), to Charlotte, North Carolina. NOTICE OF EXEMPTION: If winning bidder lives within 100 miles of the Lowe’s Motor Speedway (as determined by VF Jeanswear Limited Partnership, in its sole discretion), air travel and ground transportation will not be provided and will be the sole responsibility of winning bidder and guest and winning bidder will not receive any refund in conjunction therewith.

3. Under this auction the winning bidder, in exchange for payment of the full bid price to the Seller in accordance with the payment instructions (below), will receive the item described herein, under these Terms & Conditions: Three (3) laps in the #8 Budweiser Chevrolet around Lowe’s Motor Speedway with Dale Earnhardt Jr. driving (winning bidder only). Roundtrip air travel to Charlotte, NC, standard hotel accommodations for one night (winning bidder and guest), and ground transportation between airport, hotel and Lowe’s Motor Speedway. Participation in the Richard Petty Driving Experience to learn from the professionals how to drive a NASCAR-style racecar (winning bidder and guest). Auctionwire, its agencies, partners, donors as well as VF Jeanswear Limited Partnership reserve the right to select any air carrier or a combination of air carriers and may select any departure/return time for travel. VF Jeanswear Limited Partnership, Auctionwire and/or their agencies will seek to accommodate the winning bidder’s requested airline but no guarantees are expressed or implied. Winning bidder is solely responsible for all incidentals and will be required to produce valid identification and a major credit card upon check-in.

4. All expenses and items/services not specified herein are not included as part of the Auction item and are the winning bidder’s/guest’s sole responsibility. If winning bidder is Canadian, such items/expenses include all necessary travel documents (e.g., passport). Winning bidder/guest will NOT receive frequent flyer miles in conjunction with air travel component of racing experience; nor will they receive points/credits in conjunction with hotel stay. Winning bidder must take trip at times/dates of VF Jeanswear Limited Partnership's sole choosing so as to visit racetrack on October 17, 2007 (Date subject to change at the sole discretion of VF Jeanswear Limited Partnership; winning bidder will receive at least 5 days’ advanced notice of such change). If you are uncertain that you will be available to visit racetrack on such dates, DO NOT BID. If winning bidder is not available on indicated dates, the sale transaction will be completed and the bidder will receive no alternative compensation or offer and grants Auctionwire/VF Jeanswear Limited Partnership the right to make a second chance offer to subsequent bidders. This is no way removes liability from the winning bidder to make payment in full and the winning bidder shall waive all rights to any refund due to their own (the winning bidder’s) actions.

5. Racing experience is subject to availability and other restrictions. It is the bidder’s sole responsibility to confirm any additional restrictions with the Richard Petty Driving Experience. Richard Petty Driving Experience "Rookie Experience" component of racing experience is also subject to availability and other restrictions; including: winning bidder’s guest must be 18 years of age or older, possess a valid driver's license and be able to drive a vehicle with a manual transmission.

6. Payment in full for this auction item must be received within 72 hours and may be made PayPal, Bank Wire, Wire Transfer, Electronic Funds Transfer, VISA, MasterCard or certified check.

7. Inclement weather or non performance: It is understood and agreed that Dale Earnhardt Jr.’s participation in the racing experience is subject to his availability and professional commitments; VF Jeanswear Limited Partnership makes no warranty, representation or guarantee that Dale Earnhardt Jr. will participate in the racing experience. If Dale Earnhardt Jr. is unavailable or the "ride with Dale Earnhardt Jr." component of the racing experience is unavailable for any reason including weather (or, if the "ride with Dale Earnhardt Jr." is less than 3 laps in duration), winning bidder understands and agrees that the "ride with Dale Earnhardt Jr." has no cash value and that VF Jeanswear Limited Partnership's liability is limited to delivery of the other components of the racing experience.

8. The winning bidder may be required to enter a secure or private ‘VIP’ area to fulfill certain conditions of the auction experience where he/she will have the unique opportunity to meet the named celebrity or talent as noted on the Auction page and/or participate in certain privileges/activities. In all cases the winning bidder may be subject to security checks and herby consents as part of his/her participation to the reasonable examination of his/her person and when requested may be subject to additional security procedures. The winning bidder and their guest agrees that if requested in advance to provide their names, address, date of birth and/or other personally identifiable information for further security verification including but not limited to criminal and police checks.

9. All encounters may or may not be supervised by event staff and may be terminated at anytime without notice for any reason and no refund or claim may be made. Advance notice for any meeting will be provided and when available will be scheduled in advance. The winning bidder acknowledges that due to the unique nature of these experiences it is sometimes difficult to anticipate and schedule exact meeting times. Therefore all participants must be available on standby during the entire duration of the experience for the meet-and-greet portion of the experience as any meeting may occur without notice and it is the winning bidder’s sole responsibility to ensure that he/she is available without delay. Any delay caused by the winning bidder may cause the experience to be forfeited and no claim for a refund or alternative meeting time will be entertained.

10. Potential winning bidder must complete, sign and return an Affidavit of Eligibility/Release of Liability/Publicity Release (where legal). Guest of winning bidder (if a minor, his/her parent/legal guardian) must complete, sign and return a Release of Liability/Publicity Release. Winning bidder and guest (as applicable) may also be required to sign additional releases and/or other documentation prior to receiving/participating in racing experience. Failure to comply will result in the experience being null and void without refund. Where legal, winning bidder consents to VF Jeanswear Limited Partnership's use of his/her name, voice, photograph, or other likeness, the winner's hometown, any biographical information, statements concerning Auction or VF Jeanswear Limited Partnership's products without compensation for purposes of advertising, promotion and trade communications without notice or approval.

11. Auctionwire, its partners and donors and VF Jeanswear Limited Partnership strive to make necessary accommodations for all individuals requiring special assistance or who may have special needs. It is the responsibility of all bidders who require special assistance to contact Auctionwire in advance of placing a bid to ensure accommodations at the named venue can be met or special arrangements can be made. Auctionwire will work with all bidders to modify or alter any experience to ensure equal access for the disabled or for persons requiring special needs and assistance within the confines of the auction item(s).

12. The winning bidder may transfer this item as a gift, without resale to another party but will be required to provide the name and contact information of the accepting party within 24 hours of making payment. The recipient of a gifted experience will be required to accept all terms and conditions and sign a written confirmation of the transfer (said transfer being subject to the approval of VF Jeanswear Limited Partnership which may be withheld for any reason). Whereas it is the case that a gift recipient does not agree to accept all the terms and conditions they may not participate in the experience and there is no refund.

13. Auctionwire, the auction management agency, is performing a management service on behalf of and at the direction of the selling party (VF Jeanswear Limited Partnership for Victory Junction Gang Camp). Auctionwire, its partners, clients, or donors are not responsible for any errors or omissions or for any warranties or guarantees either explicit or implied herein.

14. International (Canadian) bidders are required to insure they possess a valid ID and meet with all necessary requirements (valid passport) for entry into the US. There will be no refunds for any bidder who is unable to enter the US.

15. Your bid is a binding legal agreement that you will honor if you are the successful winning bidder.

16. Bidding for advertising, promotional, or commercial purposes is prohibited. The auction item is intended for personal use only.

17. In the event where you place a bid and can not produce the funds to cover a bid, cancel a winning bid in the last 24 hours of the auction or become the winning bidder and fail to pay for the auction item in full as indicated by the final bid amount and within the time allowed, you acknowledge and understand that you will be held liable for all costs and damages associated with canceling a bid or non-payment. Auctionwire may take additional legal action against you for fraudulent bidding activity to recover the entire final bid price in addition to cost associated with damages caused by fraudulent bidding which includes but is not limited to: administrative fees, legal fees and recovery costs. Auctionwire provides all information to local authorities and credit bureaus. Auctionwire and its partners and/or VF Jeanswear Limited Partnership reserve the right to seek remedies and damages to the fullest extent permitted by law against non paying bidders or any individual who compromises the integrity and good will of this auction event by placing fraudulent bids or any type of activity that may be viewed to be harmful and detrimental to the outcome of this auction.

18. The Auction winner acknowledges all risks incidental to their purchase, acceptance, use and participation in the auction item experience whether occurring before, during or after the experience or with use of the experience or any part thereof including but not limited to travel on any carrier provided as part of the experience. Management for this experience event reserves the right to refuse and/or expel from the premises any person whose presence or conduct is deemed to be objectionable without refund. Expulsion cancels this auction experience and the holder thereupon forfeits all claims, including any claim to a refund. Admission to any event is subject to compliance with applicable laws, by-laws, regulations and facility or stadium rules (“the Rules”) Failure to comply with the Rules may result is non-admission or expulsion. In conformance to the Rules, alcohol, illegal drugs, cameras, recording devices, clothing not being worn and bags or containers of any kind, may be excluded from the premises. Holder consents to the reasonable examination of his/her person and effects to ensure compliance. No auction item sold shall be resold, given away (with the exception as a gift item, and then only in accordance with Rule 12 above) or disposed of by the purchaser in connection with any promotion by the purchaser of any products or services whatsoever or for any other commercial purpose. Resale invalidates Experience. No Refunds, No Exchanges.

19. By placing a bid on this item and becoming the winning bidder you agree to hold harmless and release VF Jeanswear Limited Partnership, Dale Earnhardt Inc. and Dale Earnhardt Jr., Richard Petty Driving Experience, Auctionwire Inc, French West Vaughan, their respective parents, subsidiaries and affiliates, as well as the directors, officers, employees, shareholders, representatives, agents, and assigns of any of the foregoing entities, from and against any and all claims and liability arising out of participation in the Auction or acceptance, possession, receipt of use/misuse of auction item. By participating, entrants agree to abide by and be bound by the stated conditions, as well as VF Jeanswear Limited Partnership’s/Auctionwire Inc.’s decisions, which are final and binding in all respects. VF Jeanswear Limited Partnership reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion to be acting in violation of these stated conditions. If, for any reason, the Auction is not capable of running as planned by reason of any causes that VF Jeanswear Limited Partnership, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Auction, VF Jeanswear Limited Partnership reserves the right at its sole discretion to cancel, modify or suspend the Auction and select the winning bid from among all eligible bids received (if any) prior to and/or after (as appropriate) the action taken by VF Jeanswear Limited Partnership. In such event, notice will be posted at www.wrangler.com.

20. All bids are legally binding and enforceable. Notwithstanding your status at the end of the auction as the final high bidder, all bids placed are considered to be legally binding at the highest bid amount placed by your account on eBay. In the rare event where the winning bidder defaults on payment, the second highest bidder will become legally bound to complete the transaction at their highest registered bid amount and will be notified within 72 hours from the close of the auction to complete the transaction. This applies to all subsequent bidders thereafter. In no way does this remove any liability from the highest bidder or subsequent bidders. Auctionwire and its partners and/or VF Jeanswear Limited Partnership will pursue compensation for any loss or damages as a result of a non paying bidder or bid cancellation or as a result of any bidding activity deemed to be fraudulent in nature or that causes damage(s) and harm to the auction to the fullest extent as permissible by law.

21. Bidding above USD$5,000 will require pre-qualification of bidder and all bidders will be subject to the Terms and Conditions of Bidder Qualification which will be posted on the registration form.

22. In the event where you place a bid and cannot produce the funds to cover your bid, cancel a bid during the last 24 hours of the auction, become the winning bidder (as indicated by eBay where your eBay User ID is noted as the winning bidder on the eBay auction page), are presented with a second chance offer and fail to pay in full for the auction item, perform a credit card chargeback or in any way fail to make payment in full within the specified time period you acknowledge and understand that you will be held liable for all costs and damages associated with canceling a bid or non-payment. Damages from a non-paying bidder will be assessed at USD$25,000 (Twenty-five thousand dollars) ("Stated Damages") per auction item plus the value of the auction item. The Value of the auction item will be determined by your final bid price whether you have made or failed to make payment. Auctionwire and/or VF Jeanswear Limited Partnership may take additional legal action against you for fraudulent bidding activity to recover the entire final bid price and stated damages in addition to costs associated with additional damages caused by fraudulent bidding which includes but are not limited to; administrative fees, legal fees and recovery costs. Auctionwire will provide all information to local authorities and credit bureaus. Auctionwire and its partners and/or VF Jeanswear Limited Partnership reserve the right to seek remedies and damages to the fullest extent permitted by law against non-paying bidders or any individual who compromises the integrity, proper conduct and/or reputation of this auction event by placing fraudulent bids or any type of activity that may be harmful and detrimental to the outcome of this auction.

23. The auction winner accepts all risks relating to their acceptance, use and participation in the auction item whether occurring before, during or after the racing experience and hereby agrees to assume the same. Management for this experience event reserves the right to refuse admission to and/or to expel from the premises any person whose presence or conduct is deemed to be objectionable in any such event, the auction experience will be cancelled and the holder forfeits all claims, including any claim to a refund. Admission to any event is subject to compliance with applicable laws, by-laws, regulations and facility rules ("the Rules"). Failure to comply with the Rules may result in non-admission or expulsion.

24. In some cases you may view the auction from country specific sites (ebay.com, ebay.ca, etc) which will display the auction item in a local currency. All payments must be made in US dollars.

25. In consideration of your winning bid, you agree to provide Auctionwire, eBay, its agencies and partners with the use of your name and personal photography solely for the purpose of promoting this program or for media relations.

26. Please note that shill bidding is neither allowed nor tolerated. This practice is illegal and carries legal consequences in many areas. Per eBay's help pages, "shill bidding is the deliberate placing of bids to artificially raise the price of an item and is not allowed."

27. Auctionwire and VF Jeanswear Limited Partnership reserve the right to block a bidder or cancel any bid at any time for any reason including but not limited to, feedback, non-paying bidder status, bid retractions, and recent bid history; and, Auctionwire and VF Jeanswear Limited Partnership shall have no liability in conjunction with blocking or cancellation of a bid. Furthermore if in Auctionwire's/VF Jeanswear Limited Partnership’s sole discretion, it determines that for any reason the auction is not capable of running as originally planned or the integrity of the auction has been compromised for any reason, Auctionwire/VF Jeanswear Limited Partnership may cancel the auction without notice and without any compensation to current or high bidders.

28. This item is sold on an ‘as is’ and ‘where as’ basis without any warranties, modifications, changes or refunds. This auction does not include any item or services that are not detailed in the auction page.

29. The final outcome of the auction is determined by Auctionwire and VF Jeanswear Limited Partnership. All bids placed are considered contractual obligations.

30. Modifications such as additions or cancellations to the auction may be made at anytime and Auctionwire or its clients are not responsible for any changes.

31. The contents and composition including layout, look and feel and coding on this page or any auction listing page, About Me Page, disclaimers, Frequently Asked Questions (FAQ's) in whatever form or manner either graphic, text, or digital format or presentation of any language either actual or digital are the property of Auctionwire or the other copyright holders represented hereon and may not be copied, reproduced, duplicated, paraphrased, in whole or part for any purpose or reason whatsoever whether online or in a physical manner including storage to a computer system or storage device of any kind for republication or dissemination without the express written consent of Auctionwire. To violate this copyright protection is illegal and Auctionwire will pursue such violations vigorously.

32. By placing a bid you agree that you have read and agreed to be bound by these Terms & Conditions, as well as VF Jeanswear Limited Partnership’s and Auctionwire’s decisions (as the Seller)[??], which are final and binding in all respects.

33. Charity Donation: Under the supervision of Auctionwire Inc, 100% of your final bid price is being donated by VF Jeanswear Limited Partnership to Victory Junction Gang Camp. To verify the donation component of this auction you may visit www.auctionwire.ca/wrangler to view the donation acceptance letter on behalf of the charity indicating acknowledgment and receipt of the donation (Usually available 4-6 weeks after the close of the auction).