OFFICIAL RULES AND REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN.
1. ELIGIBILITY: “M&M’S® Seeks The Most Colorful Fan™ 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 as of February 13, 2009, 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 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 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 2 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.
2. HOW TO ENTER: Starting at 12:00 a.m. on February 15, 2009 and ending at 11:59 p.m. on August 1, 2009 (the “Entry Period”), Sponsors will conduct the Contest encouraging entrants to enter for a chance to win a prize. To enter, each entrant must: (i) log on to the NASCAR.com website www.nascar.com/mostcolorfulfan (the “Website”), beginning at 12:00 a.m. Eastern Time (“ET”) on February 15, 2009, (or, if not already a NASCAR.com registered member, complete a NASCAR.com registration) 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; and (ii) submit a photograph of his/her most: colorful NASCAR racing-themed 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 Submission must be received no later than 11:59p.m. ET on August 1, 2009. 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 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 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, the 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 8 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 3), 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 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 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 in Rule 6 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, 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 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 any 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 per calendar week during the Entry Period. If additional entries are received, only 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: Twenty-Four (24) 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 Vote throughout the Contest. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the Voting process will be void.
The Weekly Voting Periods shall be as follows:
WEEKLY VOTING PERIODS |
DATES |
Period One (1) |
February 15, 2009 12:00 a.m. ET through February 21, 2000 11:59 p.m. ET |
Period Two (2) |
February 22, 2009 12:00 a.m. ET through February 28, 2009 11:59 p.m. ET |
Period Three (3) |
March 1, 2009 12:00 a.m. ET through March 7, 2009 11:59 p.m. ET |
Period Four (4) |
March 8, 2009 12:00 a.m. ET through March 14, 2009 11:59 p.m. ET |
Period Five (5) |
March 15, 2009 12:00 a.m. ET through March 21, 2009 11:59 p.m. ET |
Period Six (6) |
March 22, 2009 12:00 a.m. ET through March 28, 2009 11:59 p.m. ET |
Period Seven (7) |
March 29, 2009 12:00 a.m. ET through April 4, 2009 11:59 p.m. ET |
Period Eight (8) |
April 5, 2009 12:00 a.m. ET through April 11, 2009 11:59 p.m. ET |
Period Nine (9) |
April 12, 2009 12:00 a.m. ET through April 18, 2009 11:59 p.m. ET |
Period Ten (10) |
April 19, 2009 12:00 a.m. ET through April 25, 2009 11:59 p.m. ET |
Period Eleven (11) |
April 26, 2009 12:00 a.m. ET through May 2, 2009 11:59 p.m. ET |
Period Twelve (12) |
May 3, 2009 12:00 a.m. ET through May 9, 2009 11:59 p.m. ET |
Period Thirteen (13) |
May 10, 2009 12:00 a.m. ET through May 16, 2009 11:59 p.m. ET |
Period Fourteen (14) |
May 17, 2009 12:00 a.m. ET through May 23, 2009 11:59 p.m. ET |
Period Fifteen (15) |
May 24, 2009 12:00 a.m. ET through May 30, 2009 11:59 p.m. ET |
Period Sixteen (16) |
May 31, 2009 12:00 a.m. ET through June 6, 2009 11:59 p.m. ET |
Period Seventeen (17) |
June 7, 2009 12:00 a.m. ET through June 13, 2009 11:59 p.m. ET |
Period Eighteen (18) |
June 14, 2009 12:00 a.m. ET through June 20, 2009 11:59 p.m. ET |
Period Nineteen (19) |
June 21, 2009 12:00 a.m. ET through June 27, 2009 11:59 p.m. ET |
Period Twenty (20) |
June 28, 2009 12:00 a.m. ET through July 4, 2009 11:59 p.m. ET |
Period Twenty- One (21) |
July 5, 2009 12:00 a.m. ET through July 11, 2009 11:59 p.m. ET |
Period Twenty-Two (22) |
July 12, 2009 12:00 a.m. ET through July 18, 2009 11:59 p.m. ET |
Period Twenty-Three (23) |
July 19, 2009 12:00 a.m. ET through July 25, 2009 11:59 p.m. ET |
Period Twenty Four (24) |
July 26, 2009 12:00 a.m. ET through August 1, 2009 11:59 p.m. ET |
The one (1) entrant per Weekly Voting Period 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 advance to the “Playoff Round” of Voting as described in Rule 5 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. ET on the following Saturday.
4. 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 August 7, 2009 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 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].
5. PLAYOFF ROUND WINNERS. Beginning on September 6, 2009 at 12:00 a.m. ET and ending on September 12, 2009 at 11:59 p.m. ET (“Round One”), the Submissions of the twenty-four (24) Weekly Prize Winners will be made available on the Website where the Visitors will be allowed to cast a Vote for twelve (12) of their favorite Submissions. The twelve (12) Weekly Prize Winners with the highest totals of online Votes at the end of Round One, as determined by the Sponsors, will be declared the “Round One Winners” and will advance to the second round of voting. Beginning on September 13, 2009 at 12:00 a.m. ET and ending on September 19, 2009 at 11:59 p.m. ET (“Round Two”), the Submissions of the Round One Winners will be made available on the Website where the Visitors will be allowed to cast a Vote for six (6) of their favorite Submissions. The six (6) Round One Winners with the highest totals of online Votes at the end of the Round Two, as determined by the Sponsors, will be declared the “Round Two Winners” and will advance to the final round of voting. Beginning on September 20, 2009 at 12:00 a.m. ET and ending on September 26, 2009 at 11:59 p.m. ET (“Final Round”), the Submissions of the Round Two Winners will be made available on the Website where the Visitors will be allowed to cast Votes for three (3) of their favorite Submissions. The three (3) Round Two Winners with the highest number of Votes at the end of the Final Round, as determined by the Sponsors, will be declared the “Finalists”. In the event of a tie in any round, representatives of Mars Snackfood US, LLC will judge such tied Submissions based on the Judging Criteria set firth in Rule 6 below.
6. GRAND PRIZE WINNER. After the end of the Final Round and on or about October 5, 2009, representatives of Mars Snackfood US, LLC (the “Judges”) will select the grand prize winner (“Grand Prize Winner”) from among the three (3) Finalists. The Grand Prize Winner will be selected based on the following criteria: (i) 33% creativity, (ii) 33% originality, and (iii) 34% adherence to theme (the “Judging Criteria”). 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 andJudgesin all roundswill 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 October 5, 2009. Potential Grand Prize Winner will be notified by U.S. mail, e-mail and/or telephone on or around October 5, 2009 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 PRIZES:
Twenty-four (24) Weekly Prize Winners will each receive one (1) Two Hundred Dollar ($200) M&M’S® branded Visa gift card (the “Gift Card”), at an approximate market value (“AMV”) of Two Hundred Dollars ($200) per Weekly Winner. The Gift Card is subject to the redemption policies of Visa . Total AMV of Weekly Prizes: Four Thousand Eight Hundred Dollars ($4,800).
GRAND PRIZE:
One (1) Grand Prize Winner will receive the following: a three (3) day/two (2) night trip to the “Ford 400” race (the “Race”) at the Homestead-Miami Speedway scheduled for November 22, 2009. AMV of Grand Prize: Five Thousand Dollars ($5,000). 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 the major airport nearest the location of the Race in Florida for Grand Prize Winner and one (1) guest, if Grand Prize 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) 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; (iii) two (2) tickets to the Race; (iv) pit passes for Grand Prize Winner and his/her guest; (v) round-trip ground transportation for Grand Prize Winner and one (1) guest between the airport and the hotel, and between the hotel and the Race; and (viii) Five Hundred Dollars ($500) spending money awarded as a check made payable to winner only. All trip/travel arrangements are determined by Sponsors in their sole discretion. Trip must be completed by December 31, 2009. 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. Winner and guest must comply with all applicable Race venue and other rules, and failure to do so may result in forfeiture of prize. 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
THE TOTAL AMV OF ALL PRIZES (25 PRIZES TOTAL): Nine Thousand Eight Hundred Dollars ($9,800). No substitution or transfer of prizes or cash redemptions permitted by winners. Sponsors reserve the right to substitute for any reason whatsoever a prize (or portion thereof) of comparable or greater value, at their sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. The 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 at Sponsors’ sole discretion.
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 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 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 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, SPONSORS RESERVE 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 November 5, 2009), send a self-addressed, stamped envelope to the following address by January 5, 2010 (please specify “Official Rules” or “Winners”): “M&M’S® Seeks The Most Colorful Fan™ of NASCAR” Contest P.O. Box 11487, Bozeman, MT 59719-1487. VT residents may omit return postage on rules requests.
11. SPONSORS: Turner Sports Interactive, Inc., 1050 Techwood Drive, N.W., Atlanta, GA 30318 and Mars Snackfood US, LLC, 800 High Street, Hackettstown, NJ 07840.
© 2009 Turner Sports Interactive, Inc. A Time Warner Company. All Rights Reserved.
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