1. NO PURCHASE NECESSARY TO ENTER OR WIN. "The Most Colorful Fan" Contest ("Contest") open to all 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 as of June 6, 2008, except employees (and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and those living in the same household, whether or not related) of Turner Sports Interactive, Inc. and Mars Snackfood US, 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 he/she is 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 below) may appear in television, Internet, print media and/or radio coverage of the Contest. Sponsors reserve the right to verify eligibility of any entrant.
2. HOW TO ENTER: Starting at 12:00 a.m. on June 8, 2008 and ending at 11:59 p.m. on October 11, 2008 (the "Entry Period"), Sponsors will conduct a Contest encouraging entrants to enter for a chance to win a prize. To enter, entrants must: (i) log on to the NASCAR.com website www.nascar.com/mmsracing (the "Website"), beginning at 12:00 a.m. Eastern Time ("ET") on June 8, 2008 and complete and submit the online entry form, including his/her name, address, telephone number (including the area code), e-mail address (if any) and birth date; (ii) submit a photograph of his/her most colorful race moment featuring entrant (the online entry form and the photograph will be referred to collectively as the "Submission"). All Submissions must be submitted online using the uploading instructions located on the Website. Submissions must conform to the photograph file size and format requirements available on the Website. To be eligible each online Submission must be received no later than 11:59p.m. ET on October 11, 2008. All Submissions 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 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 Sponsors, and (c) may not include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Contest Website and/or the proper conduct of the Contest. If the Submission contains any material or elements 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 Sponsors in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Submission. If any identifiable person appearing in the entry is under the age of majority in his/her state of residence, the parent or legal guardian is required to provide permission. Sponsors reserve the right to request proof of these permissions in a form acceptable to Sponsors from any entrant at any time. Entrants acknowledge and understand that Released Parties (as defined below) are not responsible for any unauthorized use by a third party of any Submission. By submitting a Submission, entrant (or, if an eligible minor, his/her parent or legal guardian) warrants and represents that he/she and any persons appearing or who are identifiable in the Submission consent to the submission and use of the Submission in the Contest in the manner set forth in these Official Rules. The Released Parties (as defined below) are not responsible for misdirected, delayed, incomplete, inaccurate, lost, late, illegible or undeliverable Submissions or votes, technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions, intellectual property theft or other unauthorized use of intellectual property, or other errors, omissions, interruptions or problems which may limit or affect a person'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 the prize or in any Contest-related materials. Further, Sponsors are not responsible for 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. Sponsors disclaim any liability for damage to any computer system 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 below. False or deceptive Submissions or acts will render the entrant ineligible. Sponsors reserve the right, in its 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. An 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. All Submissions will become the property of Sponsors and will not be returned. By entering the Contest, 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 its services, all without further consent from or payment to you. You agree that Sponsors have no obligation to post your Submission on the Website. Sponsors reserve the right to limit the number of entrants whose Submissions are posted on the Website and to remove entrants whose entries have already been posted in the event of an error or determination that the entrant is ineligible to participate in the Contest. 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. Limit one (1) Submission per person or e-mail address. If additional entries are received, the entry received earliest will be judged. In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address from which the entry is submitted will be deemed to be the entrant.
3. WEEKLY PRIZE WINNERS: Eighteen (18) Weekly Prize Winners (the "Weekly Prize Winners") will be selected by visitors to the Website ("Visitors") from among all eligible Submissions received during the Weekly Voting Period (as defined below). All eligible Submissions received will be posted (at Sponsors' sole discretion) on the Website where Visitors will be allowed to vote on each Submission. Each Visitor will be allowed to rate each entry on a scale of one (1) through five (5) with five being the highest rank (each such rating a "Vote"). There is no limit on the number of times each Visitor will be permitted to rate Submissions throughout the Contest. Votes generated by script, macro or other automated means or with the intent to impair the integrity of voting process will be void.
The Weekly Voting Period shall be as follows:
| WEEKLY VOTING PERIOD | DATES |
|---|---|
| Period One (1) | June 8, 2008 12:00 a.m. ET through June 14, 2008 11:59 p.m. ET |
| Period Two (2) | June 15, 2008 12:00 a.m. ET through June 21, 2008 11:59 p.m. ET |
| Period Three (3) | June 22, 2008 12:00 a.m. ET through June 28, 2008 11:59 p.m. ET |
| Period Four (4) | June 29, 2008 12:00 a.m. ET through July 5, 2008 11:59 p.m. ET |
| Period Five (5) | July 6, 2008 12:00 a.m. ET through July 12, 2008 11:59 p.m. ET |
| Period Six (6) | July 13, 2008 12:00 a.m. ET through July 19, 2008 11:59 p.m. ET |
| Period Seven (7) | July 20, 2008 12:00 a.m. ET through July 26, 2008 11:59 p.m. ET |
| Period Eight (8) | July 27, 2008 12:00 a.m. ET through August 2, 2008 11:59 p.m. ET |
| Period Nine (9) | August 3, 2008 12:00 a.m. ET through August 9, 2008 11:59 p.m. ET |
| Period Ten (10) | August 10, 2008 12:00 a.m. ET through August 16, 2008 11:59 p.m. ET |
| Period Eleven (11) | August 17, 2008 12:00 a.m. ET through August 23, 2008 11:59 p.m. ET |
| Period Twelve (12) | August 24, 2008 12:00 a.m. ET through August 30, 2008 11:59 p.m. ET |
| Period Thirteen (13) | August 31, 2008 12:00 a.m. ET through September 6, 2008 11:59 p.m. ET |
| Period Fourteen (14) | September 7, 2008 12:00 a.m. ET through September 13, 2008 11:59 p.m. ET |
| Period Fifteen (15) | September 14, 2008 12:00 a.m. ET through September 20, 2008 11:59 p.m. ET |
| Period Sixteen (16) | September 21, 2008 12:00 a.m. ET through September 27, 2008 11:59 p.m. ET |
| Period Seventeen (17) | September 28, 2008 12:00 a.m. ET through October 4, 2008 11:59 p.m. ET |
| Period Eighteen (18) | October 5, 2008 12:00 a.m. ET through October 11, 2008 11:59 p.m. ET |
The one (1) entrant, each week, with the highest average score at the end of that Weekly Voting Period, as determined by Sponsors, will be declared a Weekly Prize Winner and submitted for judging in the Kyle and Red's Top 5 Weekly Winners round of Judging as described 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. For the purpose of this Contest, a week will begin at 12:00 a.m. ET on Sunday and end at 11:59 p.m. on the following Saturday.
4. KYLE AND RED'S TOP 5 WEEKLY WINNERS: At the end of the last Weekly Submission Period, representatives of MARS (the "Judges") will select five (5) winners (each a "Kyle and Red's Top 5 Weekly Winners") from among the eighteen (18) Weekly Prize Winners. Each Kyle and Red's Top 5 Weekly Winners shall be selected based on the following criteria: (i) 33% creativity, (ii) 33% originality, and (iii) 34% adherence to theme (the "Judging Criteria"). Limit one (1) Kyle and Red's Top 5 Weekly prize per person. In the event of a tie in any round of judging or voting, an additional "tie-breaking" judge will judge such tied entrants based on the Judging Criteria. The decisions of the Sponsors and Judges in all rounds will be final and binding in all matters.
5. WEEKLY WINNER AND KYLE AND RED'S TOP 5 WEEKLY WINNER NOTIFICATION: Each potential Weekly Winner and potential Kyle and Red's Top 5 Weekly Winner (collectively, the "Potential Weekly Winners") will be notified by U.S. mail, e-mail and/or telephone on or around October 15, 2008 and will be required to fulfill all requirements set forth herein or such Potential Weekly Winner's prize will be forfeited and, at Sponsors' discretion, awarded to the second place finisher for that week. Potential Weekly Winners 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 such documents on his/her behalf. Potential Weekly Prize Winners will also provide proof that he/she has obtained releases from all parties appearing on any Submissions.
6. GRAND PRIZE WINNER: Judges, together with Kyle Busch (the "Judging Entities"), will select the grand prize winner ("Grand Prize Winner") on or about November 16, 2008 from among the five (5) Kyle and Red's Top 5 Weekly Winners. The Grand Prize Winner will be selected based on the Judging Criteria. In the event of a tie in any round of judging or voting, an additional "tie-breaking" judge will judge such tied entrants based on the Judging Criteria. The decisions of the Sponsors and Judges in all rounds will be final and binding in all matters. The Grand Prize Winner will be declared pending verification of eligibility and compliance with these Official Rules and will be announced on or about November 16, 2008. Potential Grand Prize Winner will be notified by U.S. mail, e-mail and/or telephone on or around November 16, 2008 and will be required to fulfill all requirements set forth herein or such Grand Prize Winner's prize will be forfeited and, at Sponsors' discretion, awarded to an alternate winner.
7. PRIZES:
WEEKLY PRIZE
Eighteen (18) Weekly Prize Winners will each receive: (i) one (1) Kyle Busch autographed Diecast M&M'S® Car, (ii) one (1) autographed Kyle Busch M&M'S® T-Shirt; and (iii) one (1) autographed Kyle Busch M&M'S® Hat. The approximate retail value ("ARV") of each Weekly Prize is One Hundred Fifty Dollars ($150). Total ARV of Four Thousand Two Hundred Dollars ($4,200).
KYLE AND RED'S TOP 5 WEEKLY WINNERS PRIZE
Five (5) Kyle and Red's Weekly Winners will each receive a three (3) day/two (2) night trip to the "Ford 400" race (the "Race") at Homestead-Miami Speedway on November 16, 2008. The trip shall include the following: (i) two (2) round-trip coach-class airline tickets from the major U.S. gateway airport nearest to the Kyle and Red's Top 5 Weekly Winners' residence in the 48 contiguous United States to the major gateway airport nearest the location of the Race in Florida designated by Sponsors, if winner resides in Miami, Florida, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value; (ii) round-trip ground transportation between the airport and the hotel, and between the hotel and the Homestead-Miami Track location in Florida; (iii) one (1) room, double-occupancy, standard hotel accommodations (at a hotel determined by Sponsors) for two (2) nights for the Kyle and Red's Top 5 Weekly Winners and his/her guest; (iv) two (2) tickets to the "Ford 400" Race at the Homestead-Miami Speedway; (v) the opportunity to participate in the Grand Prize Announcement Ceremony at the Race; and (vi) one (1) One Hundred Dollar ($100) home makeover gift card. Gift card may be subject to additional terms and conditions from the card issuer. The ARV of each Kyle and Red's Top 5 Weekly Winners Prize is Three Thousand One Hundred Dollars ($3,100). Total ARV is Fifteen Thousand Five Hundred Dollars ($15,500). Each Kyle and Red's Potential Winner is solely responsible for any costs and expenses not expressly provided herein. Potential Winners and their guests must travel on the same itinerary and are responsible for obtaining proper documentation (e.g., valid photo ID) prior to travel. Trip must be taken by November 17, 2008.
GRAND PRIZE:
One (1) Grand Prize Winner will receive the following: (i) one (1) Tissot PRS516 Watch (ii) one (1) Richard Petty Driving Experience with Kyle Busch for the Grand Prize Winner and his/her guest; (iii) two (2) round-trip coach-class airline tickets from the major U.S. gateway airport nearest Grand Prize Winner's residence in the 48 contiguous United States to the major airport nearest the location of the Richard Petty Driving Experience designated by Sponsors, if the Grand Prize Winner resides in the city of the designated Richard Petty Driving Experience location, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value; (iv) one (1) room, double-occupancy, standard hotel accommodations for two (2) for one (1) night for the Grand Prize Winner and a guest at a hotel near the Richard Petty Driving Experience (as determined by Sponsors); (v) round-trip ground transportation between the airport and the hotel and the hotel and the Richard Petty Driving Experience; and (vi) a meet and greet opportunity for Grand Prize Winner and his/her guest with Kyle Busch. The ARV of the Grand Prize is Six Thousand Two Hundred Dollars ($6,200). Trip must be taken by June 3, 2009. Grand Prize Winner and guest must travel on the same itinerary and are responsible for obtaining proper documentation (e.g., valid photo ID) prior to travel. Additional terms and conditions from the Richard Petty Driving Experience may apply, including, without limitation the requirement that Grand Prize Winner and guest must possess valid drivers licenses.
THE TOTAL ARV OF ALL PRIZES (24 PRIZES): Twenty-Five Thousand Nine Hundred Dollars ($25,900). Actual value of the prizes may vary based on point of departure and airfare fluctuations. Any difference between stated ARV and actual value will not be awarded. There is no monetary value associated with (a) the meet and greet opportunity for Grand Prize Winner and his/her guest with Kyle Busch or (b) the opportunity to participate in the Grand Prize Announcement Ceremony at the Race for Kyle and Red's Top 5 Weekly Winners.
No substitution or transfer of prizes permitted by Potential Winners. All prize details are at Sponsors' sole discretion. Sponsors reserve the right to substitute for any reason whatsoever the prize (or portion thereof) of comparable or greater value, at its sole discretion. Potential Winners are responsible for the reporting and payment of all taxes and fees. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded including, without limitation, additional ground transportation, meals, incidentals, tips, telephone calls, souvenirs, other personal expenses and hotel charges incurred during the trips are the sole responsibility of the winners. All travel arrangements must be made through Sponsors' agent on a carrier of Sponsors' choice. Sponsors not responsible for any cancellations, delays, diversions or substitutions, requirements imposed by, or any act or omissions whatsoever of, Richard Petty Driving Experience, air carriers, hotel or other third party providers of prize trip goods or services. In the event that any portion of the Grand Prize or Top 5 Weekly Winners Prize is cancelled or postponed for any reason, Sponsors will have no obligation to award compensation in lieu thereof, and the remainder of the prize will be awarded. Odds of winning depend on number of eligible entries received. Prize will be awarded (assuming sufficient number of entries). Grand Prize trip must be booked a minimum of forty-five (45) days in advance and once travel reservations are confirmed, no changes will be permitted. Dates are subject to availability and certain black-out dates and other travel restrictions may apply. Sponsors reserve the right to approve any travel dates. Sponsors not responsible for winner limitations that prevent acceptance or use of prize. Gift card must be redeemed in accordance with the terms and conditions stated thereon. Gift cards are non-transferable, non-refundable and are not redeemable for cash. Lost or stolen gift cards will not be replaced. Sponsors responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Additional restrictions may apply.
8. 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 entrant's are subject to Sponsors' privacy policies available at www.nascar.com and/or www.mars.com. Each Potential Prize Winner will be required to execute an affidavit of eligibility, liability release, tax acknowledgment form (if applicable) and, except where prohibited by law, publicity release and return within five (5) business days of date of issuance of notification. Trip participants must sign travel releases. 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, at Sponsors' discretion, another entrant will be declared the potential Prize Winner. If: (i) any prize or prize notification is returned as undeliverable, (ii) the potential Prize Winner declines his/her prize; (iii) the potential Prize Winners are unable to travel on dates approved by Sponsors; (iv) the potential Prize Winner fails to comply with any of the Official Rules as outlined herein, he/she will be disqualified and, at Sponsors' discretion, another entrant will be declared the potential Prize Winner. 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 of the prize awarded.
9. 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, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. OFFICIAL RULES OR WINNERS' LIST: For a copy of these Official Rules or the Winners List (available after December 16, 2008), send a self-addressed, stamped envelope to the following address by February 16, 200 9: (please specify "Official Rules" or "Winners") - "The Most Colorful Fan Contest" P.O. Box 11487, Bozeman, MT 59719-1487. VT residents may omit return postage on rules requests.
SPONSORS: Turner Sports Interactive, Inc., 1050 Techwood Drive, N.W., Atlanta, GA 30318 and Mars Snackfood US, LLC 800 High Street, Hackettstown, NJ 07840.
© 2008 Turner Sports Interactive, Inc. A Time Warner Company. All Rights Reserved. All trademarks are the property of their respective owners.