Official Rules
1. NO PURCHASE IS NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. BEGINS 10:00:00 A.M. EASTERN TIME (“ET”) ON MAY 31, 2010 AND ENDS AT 9:59:59 A.M. ON SEPTEMBER 5, 2010.
2. ELIGIBILITY: “M&M’S® MOST COLORFUL FANS ™ OF NASCAR CONTEST” (the “Contest”) is open to all individual legal residents of the forty-eight (48) contiguous United States of America and the District of Columbia, age 18 years or older, who have Internet access or a access to NASCAR Sprint Cup MobileSM (the “Application”) via a Sprint wireless device as of May 28, 2010, except employees (and their immediate families (i.e., spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and those living in the same households, whether or not related) of Turner Sports Interactive, Inc. and Mars Chocolate North America, LLC (collectively, the “Sponsors”), the National Association for Stock Car Auto Racing, Inc. (“NASCAR”) and their respective parents, subsidiaries, affiliates, divisions, trustees, franchisees, participating vendors, distributors, and advertising and promotion agencies (collectively, with the Sponsors, the “Contest Entities”) are not eligible to enter or win. Void wherever prohibited or restricted by law. Contest is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Contest, entrants warrant that they are eligible to participate in the Contest, agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”) and understand that they and/or their Submissions (as defined in Rule 3 below) may appear in television, Internet, print media and/or radio coverage of the Contest. Sponsors reserve the right to verify the eligibility of any entrant.
3. HOW TO ENTER: Starting at 10:00:00 a.m. ET on May 31, 2010 and ending at 9:59:59 a.m. ET on September 5, 2010 (the “Entry Period”), Sponsors will conduct the Contest encouraging entrants to enter for a opportunity to win a prize. To enter, during the Promotional Period, you may employ one of two methods: (i) via the Application or (ii) via Internet.
VIA THE APPLICATION : To enter via the Application entrant must (1) create an online account on NASCAR.com, (ii) launch the Application from a Sprint Nextel Corporation (“Sprint”) mobile device capable of accessing and utilizing the Application with a Sprint-provided wireless-service plan including data plan during the Entry Period and (iii) follow the on-screen instructions to agree to these Official Rules and submit a photograph of his/her most-colorful NASCAR racing-themed race moment (the “Application Submission”). The Submission must prominently feature entrant. NOTE: In order to enter the Contest using this method of entry you must be a registered NASCAR.com user (or, if not already a NASCAR.com registered member, complete a NASCAR.com registration at NASCAR.com on an Internet-accessible computer or device) and be a subscriber to a Sprint-provided wireless-service plan with a data plan and device capable of accessing and utilizing the Application. By entering via a mobile device, you are consenting to receive from the Sponsors a reply text message and, if applicable, a text message, e-mail and/or phone call notifying you that you might be a potential winner. Contact your Sprint wireless service provider for complete details with respect to message and data rates both for sent and received text messages, fees that your service may assess for data service in accordance with your service agreement and for specific data and text-messaging capabilities and instructions. If the winner is an entrant via the Application, that prize will be awarded to the primary individual named on the wireless account from which the wireless service was accessed. In the event a winning account selected is a joint account, a total of one (1) prize will be awarded in the names of both of the joint account holders. Sprint is solely responsible for the use and performance of its services, its devices and the Application. STANDARD MESSAGE AND DATA RATES APPLY.
VIA INTERNET SERVICE: To enter via Internet, each entrant must: (i) log on to www.nascar.com/mostcolorfulfans (the “Website”) using his/her NASCAR.com account during the Entry Period (or, if not already a NASCAR.com registered member, complete a NASCAR.com registration) and complete and submit a photograph of his/her most colorful NASCAR racing-themed race moment using the online Official Entry Form (the “Online Submission and, together with an Application Submission, the “Submission”) and provide his/her name, address, telephone number (including the area code), e-mail address (if any) and birth date. The Submission must prominently feature entrant.
All Submissions must be submitted using the uploading instructions located on either the Application or the Website. Submissions must conform to the photograph file size and format requirements. To be eligible, each Submission must be received no later than 9:59:59 a.m. ET on September 5, 2010. All entries become the property of the Sponsors and will not be acknowledged or returned.
All Submissions must be submitted in the name of an individual person and prize can only be awarded to the person whose name is on the online entry form that is part of the winning Submission. No mechanical reproductions, incomplete or altered entries will be accepted. Entrant warrants and represents: (a) he/she is the sole and exclusive owner of the Submission and all rights therein; (b) he/she has the full and exclusive right, power and authority to submit the Submission and to grant the Contest Entities the rights to the Submission herein granted upon the terms and conditions set forth herein; (c) no part of the Submission has been previously published or won any other prize/award; (d) no rights in the Submission have been previously granted to any person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; and (e) his/her Submission does not defame or invade publicity rights or the privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third-party rights.
Sponsors reserve the right in their sole discretion to disqualify any Submission at any time in the event it is determined Submission is offensive, inappropriate, not in keeping with Sponsors’ images or if it is determined that the entrant has not otherwise complied with these Official Rules. Submissions (a) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation, (b) may not contain commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to the Contest Entities, and (c) may not include any viruses, worms, corrupt file, Trojan horses or other forms of corruptive code or content that may harm or compromise the Contest Website, the Application and/or the proper conduct of the Contest.
If the Submission contains any materials or element that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by the Sponsors in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions/releases from any person who appears in or is identifiable in the Submission. If any identifiable person appearing in the Submission is under the age of majority in his/her state of residence, his/her parent or legal guardian is required to provide permission. Sponsors reserve the right to request proof of these permissions/releases in a form acceptable to Sponsors from any entrant at any time. Entrants acknowledge and understand that Released Parties (as defined in Rule 9 below) are not responsible for any unauthorized use by a third party of any Submission. By submitting a Submission, each entrant (or, if an eligible minor, his/her parent or legal guardian) warrants and represents that he/she and any persons appearing in or who are identifiable in the Submission consents to the submission and use of the Submission in the Contest in the manner set forth in these Official Rules. The Released Parties are not responsible for misdirected, delayed, incomplete, inaccurate, lost, late, illegible or undeliverable Submissions or Votes (as defined in Rule 4), technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer or wireless transmissions, intellectual property theft or other unauthorized use of intellectual property or other errors, omissions, interruptions or problems which may limit or affect an entrant’s ability to participate in the Contest, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing or judging of Submissions, the tabulation of Votes, the announcement of a prize or in any Contest-related materials.
Further, Sponsors are not responsible for any wireless or electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant’s e-mail account to receive e-mail messages or wireless account to access the Application or transmit or receive wireless and other text messages. Sponsors disclaim any liability for damage to any computer or wireless system, telephone or device resulting from participation in, or accessing or downloading information in connection with, this Contest. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsors’ control, which corrupt the integrity, administration, security or proper operation of the Contest, Sponsors reserve the right, in their sole discretion, to modify, cancel or suspend the Contest (or a portion thereof). In the event of cancellation, Sponsors reserve the right to judge all eligible, non-suspect Submissions received prior to the event requiring such cancellation using the judging procedure outlined in Rule 7 below.
False or deceptive Submissions or acts will render the entrant ineligible. Sponsors reserve the right, in their sole discretion, to disqualify any entrant from this Contest or any other promotion conducted now or in the future by Sponsors or any of their respective affiliates if he/she tampers with the entry process or his/her fraud or misconduct affects the integrity of the Contest. Each entrant hereby acknowledges and agrees that the relationship between entrant and Sponsors is not a confidential, fiduciary or other special relationship, and that entrant’s decision to submit his/her Submission to Sponsors for purposes of the Contest does not place Sponsors in a position that is any different from the position held by members of the general public with regard to elements of entrant’s Submission. By entering this Contest, entrant acknowledges and agrees that Sponsors may create on their own or obtain many Submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by Sponsors, and waive any and all claims entrant may have had, may have, and/or may have in the future, that any Submissions and/or other works accepted, reviewed and/or used by other entrants and/or Sponsors (or their designees) may be similar to entrant’s Submission. Entrant acknowledges and agrees that Sponsors have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s Submission. Submissions must not contain offensive or lewd content as determined by Sponsors in their sole discretion. All Submissions will become the property of Sponsors and will not be returned.
By entering the Contest, each entrant grants Sponsors a perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use and permit others to use and perform throughout the world the Submission in any manner, form or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsors and their services, all without further consent from or payment to entrant. Each entrant agrees that Sponsors have no obligation to post his/her Submission on the Website. Sponsors reserve the right to post or not post Submissions on the Website and to remove entrants whose entries have already been posted as the result of any error or determination that an entrant is ineligible to participate in the Contest. Each entrant understands that his/her name and Submission may be posted on the Website in connection with Contest. Sponsor reserves the right to correct clerical or typographical errors in promotional materials.
4. WEEKLY PRIZE WINNERS: Fourteen (14) Weekly Prize Winners (the “Weekly Prize Winners”) will be selected by visitors to the Website and Application users (“Visitors”) who will vote for their favorite and what they consider the most colorful photos from among all eligible Submissions received during each Weekly Voting Period (as defined below). All eligible Submissions received will be posted on the Website where Visitors will be allowed to cast a vote (a “Vote”) for posted Submissions. Each Visitor will be allowed to cast Votes for posted Submissions by selecting a “thumbs-up” logo under each such Submission. Visitors may cast one (1) Vote for a particular Submission once per calendar day. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process will be void. For Votes submitted via the Application: STANDARD MESSAGE AND DATA RATES APPLY.
The Weekly Voting Periods shall be as follows:
The one (1) entrant per Weekly Voting Period with the most Votes at the end of that Weekly Voting Period, as determined by Sponsors, will be declared a potential Weekly Prize Winner and advance to the “Final Round” of Voting as described in Rule 6 below. Limit: one (1) Weekly Prize per person. Submissions from one week that are not selected as Weekly Prize Winners will carry-over into subsequent weeks and begin the next Voting Period with no Votes. For the purpose of this Contest, a week will begin at 12:00:00 a.m. ET on Monday and end at 11:59:59 p.m. ET on the following Sunday except for the first Weekly Voting Period which will begin at 10:00:00 a.m. ET, and the last Weekly Voting Period which will end at 9:59:59 a.m. ET.
5. WEEKLY WINNER NOTIFICATION. Each potential Weekly Prize Winner (collectively, the “Potential Weekly Winners”) will be notified by U.S. mail, email and/or telephone on or around the last date of each Weekly Voting Period and will be required to fulfill all requirements set forth herein or such Potential Weekly Winner’s prize will be forfeited and, in Sponsors’ discretion, awarded to the entrant with the second highest score during that Weekly Voting Period. Each Potential Weekly Winner may be required to pass a civil, criminal and financial background check and may be disqualified based on the background check results, in the Sponsors’ sole discretion. If any Potential Weekly Winner is a minor in his/her state of residence, his/her parent or legal guardian must execute and return all documents on behalf of such minor Potential Weekly Winner. Each Potential Weekly Prize Winner also must provide proof that he/she has obtained releases from all parties appearing in his/her Submission(s).
6. FINAL ROUND WINNERS. Beginning on September 27, 2010 at 12:00:00 a.m. ET and ending on October 3, 2010 at 11:59:59 p.m. ET (“Final Round”), the Submissions of the fourteen (14) Weekly Prize Winners will be made available on the Website where the Visitors will be allowed to cast Votes for their favorite and what they consider to be the most colorful Submissions. The three (3) Weekly Prize Winners with most Votes at the end of the Final Round, as determined by the Sponsors, will be declared the “Finalists”. In the event of a tie, representatives of Mars Chocolate North America, LLC (the “Judges”) will judge such tied Submissions based on the Judging Criteria set forth in Rule 7 below.
7. WINNERS. After the end of the Final Round and on or about October 7, 2010, the Judges will select the one (1) grand prize winner (“Grand Prize Winner”), one (1) first runner-up (the “First Runner-Up”), and one (1) second runner-up (the “Second Runner-Up”), from among the three (3) Finalists. The Grand Prize Winner, the First Runner-Up and Second Runner-Up will be selected based on the following criteria: (i) 33% creativity, (ii) 33% originality, and (iii) 34% adherence to theme (the “Judging Criteria”) (the “Grand Prize Winner”, the “First Runner-Up” and the “Second Runner-Up” are collectively referred to as the “Winners”). In the event of a tie, an additional “tie-breaking” judge will judge the tied Finalists based on the Judging Criteria. The decisions of the Sponsors and Judges will be final and binding in all matters. The Winners will be declared pending verification of eligibility and compliance with these Official Rules and will be announced on or about October 7, 2010. Potential Winners will be notified by U.S. mail, e-mail and/or telephone on or around October 7, 2010 and will be required to fulfill all requirements set forth herein or such Winner’s prize will be forfeited and, at Sponsors’ discretion, awarded to an alternate winner.
8. PRIZES
WEEKLY PRIZES:
Fourteen (14) Weekly Prize Winners will each receive one (1) preloaded gift card (a “Gift Card”) credited with Five Hundred Dollar ($500), at an approximate market value (“AMV”) of Five Hundred Dollars ($500) per Weekly Winner. Total AMV of Weekly Prizes: Seven Thousand Dollars ($7,000).
GRAND PRIZE:
One (1) Grand Prize Winner will receive the following: a three (3) day/two (2) night trip to the NASCAR Hall of Fame Museum in Charlotte, North Carolina (“Museum”), at an AMV of Three Thousand Dollars ($3,000) and one (1) Gift Card credited with Ten Thousand Dollars ($10,000). The trip shall include the following: (i) round-trip coach-class airline tickets from the major U.S. gateway airport nearest the Grand Prize Winner’s residence to a Charlotte, North Carolina-area airport for Grand Prize Winner and one (1) guest, if Grand Prize Winner resides within 100 miles of Charlotte, North Carolina, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value; (ii) one (1) room, double occupancy, standard hotel accommodations (at a hotel determined by Sponsors) for Grand Prize Winner and one (1) guest for two (2) nights (one room; double occupancy); (iii) two (2) tickets to the Museum; and (iv) round-trip ground transportation for Grand Prize Winner and one (1) guest between the airport and the hotel, and between the hotel and the Museum. All trip/travel arrangements are determined by Sponsors in their sole discretion. Trip must be completed by December 31, 2010. Grand Prize Winner is responsible for all costs and expenses not expressly provided for above, including but not limited to additional ground transportation, meals, incidentals, tips, telephone calls, souvenirs, hotel charges, taxes, fees and other personal expenses incurred during the trip. Grand Prize Winner and guest must travel on the same itinerary on dates specified by Sponsors (which may be subject to change) and are solely responsible for obtaining proper documentation (e.g., valid photo ID) prior to travel. Minors must be accompanied by parent/legal guardian. All travel arrangements are subject to availability, blackout dates and other restrictions. Additional restrictions apply. The actual value of the Grand Prize will depend upon point of departure and dates of travel. All tickets are subject to terms and conditions of their issuers. Travel must be made through Sponsors’ agent, on a carrier of Sponsors’ choice, in seat locations determined by Sponsors. If any portion of the prize is cancelled or postponed for any reason, Sponsors will have no obligation to award compensation in lieu thereof, the remainder of the prize will be awarded and Sponsors will have no further obligation to Winner. FIRST RUNNER-UP PRIZE: One (1) First Runner-Up will receive one (1) Two Thousand Dollar ($2,000) Gift Card. SECOND RUNNER-UP PRIZE: One (1) Second Runner-Up will receive one (1) One Thousand Dollar ($1,000) Gift Card. THE TOTAL AMV OF ALL PRIZES (17 PRIZES TOTAL): Twenty-Three Thousand Dollars ($23,000). No substitution or transfer of prizes or cash redemptions permitted by any winner. Sponsors reserve the right to substitute for any reason whatsoever a prize (or portion thereof) of comparable or greater value, in their sole discretion. Gift Cards are subject to terms and conditions of their issuer(s), including but not limited to redemption policies. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. Winners are responsible for the reporting and payment of all taxes (if any), as well as any other cost and expense associated with acceptance and use of a prize not specified herein as being awarded. All prize details are determined by Sponsors in their sole and absolute discretion.
9. GENERAL RULES AND REGULATIONS: By entering this Contest and/or accepting the prize, entrants grant Sponsors and their designees the right, unless prohibited by law, to use their names, cities and states of residences, voices, performances, pictures and likenesses (including recorded media coverage), without compensation, notification or approval, for the purpose of advertising, promotional and other purposes, in any manner or medium, now or hereafter known, throughout the universe in perpetuity, any such use with respect to a minor to be subject to prior approval of parent or legal guardian. Information collected from entrants are subject to Sponsors’ privacy policies available at www.nascar.com and/or www.mars.com. Each potential prize winner may, in Sponsors’ sole discretion, be required to execute an affidavit of eligibility, liability release, tax acknowledgment form (if applicable) and, except where prohibited by law, publicity release (collectively, the “Affidavit”), and return the Affidavit within five (5) business days of date of issuance of notification. Noncompliance within this time period or failure of such potential prize winner to respond to a notification attempt within five (5) days of such attempt may result in disqualification and, in Sponsors’ discretion, another entrant will be declared the potential prize winner. If (i) any prize or prize notification is returned as undeliverable, (ii) a potential prize winner declines his/her prize, (iii) the potential Grand Prize Winner is unable to travel on dates approved by Sponsors, (iv) a potential prize winner fails to comply with any of the Official Rules as outlined herein and/or (iv) a completed Affidavit is not returned to Sponsors within the specified time period, prize may be forfeited and, at Sponsors’ discretion, awarded to another individual. If a potential prize winner is a minor in his/her state of residence, Sponsors reserve the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on such prize winner set forth herein. With respect to the entrants’ Submissions, entrants hereby irrevocably grant Sponsors and their designees the non-exclusive, perpetual, universal right to use their Submissions, in whole or in part, alone or in combination with other material, or as a basis for new material, as Sponsors may determine in their sole discretion, and to use the Submission in connection with the Contest and related advertising and promotion or otherwise, but not as a direct endorsement of any product or service. Without limiting the generality of the foregoing, entrants agree that the rights granted hereunder shall include, but not be limited to, the perpetual, universal right of Sponsors and their designees to use, edit, telecast, cablecast, rerun, record, publish, reproduce, license, print, distribute and/or otherwise exploit, in any language and in all media now known or hereafter devised, the Submissions in whole or in part, without any further compensation to entrant or any third party. Entrants may be required to execute any documents necessary to perfect such rights in the Sponsors. The Contest Entities and their respective officers, directors, employees and agents (collectively, the “Released Parties”) expressly disclaim any responsibility and entrants agree to indemnify and hold harmless the Released Parties from and against any and all claims, actions, demands and/or liability for injury, damage or loss whatsoever relating to or arising in connection with participation in this Contest (regardless of the cause of such injury, damage or loss), Sponsors’ use of any materials submitted by entrant and/or the delivery and/or subsequent use or misuse of any prize awarded.
10. CAUTION. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 11. DISPUTES: Participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Georgia or the appropriate State court located in Atlanta, Georgia, (b) all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys’ fees, and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Contest Entities in connection with the Contest, shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
12. OFFICIAL RULES OR WINNERS’ LIST: For a copy of these Official Rules or the Winners List (available after November 7, 2010), send a self-addressed, stamped envelope to the following address by January 7, 2010 (please specify “Official Rules” or “Winners”): “M&M’S® MOST COLORFUL FANS™ OF NASCAR CONTEST” P.O. Box 11487, Bozeman, MT 59719-1487. VT residents may omit return postage on Official Rules requests.
13. SPONSORS: Turner Sports Interactive, Inc., 1050 Techwood Drive, N.W., Atlanta, GA 30318 and Mars Chocolate North America, LLC, 800 High Street, Hackettstown, NJ 07840.
© 2010 Turner Sports Interactive, Inc. A Time Warner Company. All Rights Reserved. All trademarks are the property of their respective owners.
|