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NASCAR After the Lap presented by Tissot (cont'd)
NASCAR® "Tweet2Vegas" Sweepstakes 2009
To enter this Sweepstakes, you must agree to and abide by these Official Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. Administrator: LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001 ("LeadDog" or "Administrator").
2. Eligibility: The NASCAR® "Tweet2Vegas Sweepstakes" ("Sweepstakes") is only open to legal residents of the 48 contiguous United States or Washington, D.C., who are at least 18 years of age, who have an active e-mail and Twitter account and Internet access at the beginning of the Sweepstakes. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for the National Association for Stock Car Auto Racing, Inc. ("NASCAR, Inc." or "Sponsor") and its affiliates and each of their respective employees, shareholders, officers, directors, members, agents, personnel, and assigns, any team that participates in any NASCAR® -sanctioned race series or race, or any race track where a NASCAR® -sanctioned race is conducted, LeadDog, or any entities responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes or supplying the prize (or any component thereof), and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Administrator reserves the right to disqualify from this Sweepstakes any person it believes has intentionally violated these Rules. Failure of Administrator to enforce any provision of these Official Rules in any given circumstance shall not constitute a waiver of such provision. Void in Puerto Rico and where prohibited by law.
3. Sweepstakes Entry: On or about 3:00:00 pm ET each calendar day beginning Monday, 11/9/09 thru Sunday, 11/15/09 a new NASCAR®-related trivia question will be posted to NASCAR's official Twitter page at www.twitter.com. Twitter, Inc. has not authorized, approved or endorsed this Sweepstakes, Administrator, NASCAR, Inc. or any goods/services offered by or in conjunction with NASCAR, Inc. and/or Administrator. To enter the Sweepstakes, entrants must email their full name, daytime phone number with area code, city and state of residence, and the correct answer to the daily trivia question to tweet2vegas@nascar.com. Do NOT send any other correspondence to this e-mail address as Administrator will NOT reply to same. Answers to the daily trivia question may be submitted up until 2:59:59pm ET the following day. Submissions without the correct answer to the applicable daily trivia question will not result in Sweepstakes entry. For purposes of determining whether an answer to a daily trivia question is correct, Administrator will rely on official NASCAR® records, as interpreted by NASCAR®-sanctioned authorities. Limit of one (1) answer submitted (up to (1) entry) per person per day (3:00:00 p.m. ET -- 2:59:59 p.m. ET). Limit of seven (7) total answers submitted (up to (7) total entries) per person. Multiple answers submitted in excess of these limitations or attempts to submit answers en masse will result in disqualification of person deemed by Administrator in its sole discretion to be responsible for same. Answers must be manually key-stroked; use of automated devices or programs is prohibited. Proof of submitting answer does not constitute proof of receipt or proof of entry. In the event of any dispute concerning the identity of an individual submitting an answer (i.e., potential entrant), the answer will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
4. Random Drawing/Odds of Winning: Winner will be randomly selected on or about 11/16/09 from among all eligible entries received. Drawing will be conducted by LeadDog Marketing Group, an independent judging organization/Administrator whose decisions are final and binding on all matters related to the Sweepstakes. Odds of winning depend on the total number of eligible entries received.
5. Winner Notification: Potential Grand Prize Winner will be notified by telephone on or about 3pm ET on 11/16/09. Failure to respond to the initial notification will result in disqualification. Winner will be required to complete, sign and return within 2 business days of notification an Affidavit of Eligibility, a Liability Release and Indemnification, and a Publicity Release, where allowed by law. If the Affidavit of Eligibility, Liability Release and Indemnification and Publicity Release is not returned to Administrator within specified time period, or if notification is returned as non-deliverable or if potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, potential winner may be disqualified. If potential winner is disqualified for any reason, prize will be forfeited and awarded to an alternate winner selected from all remaining eligible entries received, time permitting. Guest of Grand Prize Winner must complete, sign and return a Liability Release and a Publicity Release (where legal), prior to issuance of travel documents. If winner is a minor in his/her jurisdiction of residence, prize may be awarded in the name of, or to, winner's parent/legal guardian who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner, or prize may be forfeited and an alternate winner selected, time permitting. If guest of winner is a minor in his/her jurisdiction of residence, his/her parent or legal guardian must execute all documents on such minor's behalf. If winner is a minor in his/her jurisdiction of residence, winner must be accompanied by his/her parent or legal guardian who will count as the winner's guest; if guest is a minor in his/her jurisdiction of residence, minor may only accompany the prize winner, who must be his/her parent/legal guardian.
6. Prize, Approximate Retail Value ("ARV"): GRAND PRIZE (1 winner): One (1) winner will receive a 3-day/2-night trip for two (2) to attend the NASCAR After the Lap"! event in Las Vegas, Nevada. Trip includes round-trip coach air transportation for two (2) to Las Vegas, NV from major commercial airport of Administrator's sole choosing near winner's residence; three (3) nights standard hotel (double occupancy) accommodations at hotel of Administrator's choice in Las Vegas, NV (Scheduled trip dates: Check in 12/2/09 and check out 12/5/09); roundtrip ground transportation to/from Las Vegas airport/hotel; and two (2) VIP tickets to attend the NASCAR After the Lap"! event scheduled to be held on Thursday, December 3, 2009). All standard terms and conditions apply to tickets. Tickets shall be subject to policies and procedures established by NASCAR®.
Actual final value of trip may be higher or lower based on point of departure and ticket and hotel availability and cost at time of purchase. If Grand Prize winner lives within approximately 150 miles of Las Vegas, NV, he/she may receive (at Administrator's sole discretion), in lieu of air transportation, round-trip ground transportation between winner's residence and hotel and winner will not receive any substitute prize or compensation in conjunction with such substitution.
Total ARV of prize: $2,500.00. Any costs and incidentals not specified herein are the winner's sole responsibility. No substitution, cash redemption or transfer of prize except with Administrator's permission (which may be granted or withheld for any reason) or where required by law. Prize is not exchangeable or redeemable for cash. Administrator in its sole discretion may award a substitute prize/prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. If a prize winner cannot accept prize as stated, prize may be forfeited in its entirety and awarded to an alternate winner, time permitting. Federal, state and local taxes are the sole responsibility of the winner who will be issued a 1099 Tax Form for the fair market value of the prize.
Grand Prize winner agrees to travel 12/2/09-12/5/09 so as to attend the NASCAR After the Lap"! event scheduled for 12/3/09, or Grand Prize will be forfeited without compensation and an alternate winner may be selected, from all remaining eligible entries received, time permitting. All travel dates and arrangements are subject to change, availability and Administrator's approval. Winner and guest must provide own transportation to and from departure airport. Grand Prize winner and guest must travel together on specified itinerary, including same departure date, destination and return date or Grand Prize may be forfeited in its entirety. Certain documentation and requirements may be necessary for travel, such as photo identification. Administrator is not liable for any expenses incurred as a consequence of flight cancellation/delay. Grand Prize winner and his/her guest are solely responsible for any documentation and requirements and determining applicable procedures and restrictions.
7. Conditions and Limitations of Liability: By participating, entrants (and each entrant's parent/legal guardian if entrant is a minor in his/her jurisdiction of residence) agree to be bound by and abide by these Official Rules and the decisions of Administrator, which shall be final and binding in all respects. By participating in this Sweepstakes, entrants (and each entrant's parent/legal guardian if entrant is a minor in his/her jurisdiction of residence) agree to release and hold harmless NASCAR, Inc. (including its affiliates and each of their respective employees, shareholders, officers, directors, agents, members, personnel and assigns), Turner Broadcasting System, Inc., LeadDog Marketing Group, their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors and assigns (collectively and individually, the "Released Parties") from any and all actions, claims, injury, loss or damage (whether due to negligence or otherwise) to person(s), including death, or property arising in any manner, directly or indirectly, in whole or in part from participation in this Sweepstakes, or any Sweepstakes related activity, and/or acceptance, possession, misuse or use of prize. Except where prohibited by law, by accepting prize, winner (and winner's parent/legal guardian if winner is a minor in his/her jurisdiction of residence) authorizes NASCAR, Inc. (including its affiliates and each of their respective employees, shareholders, officers, directors, agents, members and assigns) and those acting pursuant to the Sponsor's authority (including Administrator) to use his/her name, voice, likeness, photograph, prize information, biographical data and city and state of residence in any media now known or hereafter discovered, world wide, including on the World Wide Web and Internet, in perpetuity, at any time or times, in programming, advertising, trade and/or promotional material or on a winner's list (if applicable) without additional compensation or notice, review or approval. NASCAR, Inc. and Administrator are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at their sole discretion, without obligation or compensation.
Released Parties are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. Without limiting the foregoing, Administrator expressly disclaims any and all liability for the functioning/availability of www.twitter.com, which is independently operated by Twitter, Inc. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Administrator's control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Administrator reserves the right, in its sole discretion, to disqualify any individual who tampers with the Sweepstakes (tampering includes but is not limited to the publication/dissemination of the correct answers to daily trivia questions),and to terminate, modify or suspend the Sweepstakes. In such event, Administrator reserves the right to conduct the Sweepstakes and award the prize in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Administrator in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on NASCAR's official Twitter page. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, submitted answers; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic submitted answer to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any person's computer related to or resulting from participation in or downloading any materials from this Sweepstakes.
Persons further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, ADMINISTRATOR MAY DISQUALIFY ANY PERSON MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
TO THE EXTENT PERMITTED BY LAW, RELEASED PARTIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING EXCLUDES ANY PRIZE COMPONENT PROVIDED BY ONE OF THE RELEASED PARTIES AND ONLY THEN TO THE EXTENT OF THE LIMITED WRITTEN WARRANTY (IF ANY) PROVIDED BY A PARTY.
8. Disputes: Except where prohibited, an individual participating in Sweepstakes (if a minor, in his/her jurisdiction of residence, his/her parent or legal guardian) agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the prize shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or an appropriate New York State Court of competent jurisdiction located in New York County (Borough of Manhattan), New York (and such individual (if a minor, his/her parent or legal guardian) expressly agrees to the personal and subject matter jurisdiction of such court and waives any right of change of venue or like right); (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will such individual (if a minor, his/her parent or legal guardian) be permitted to obtain awards for, and he/she hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an individual participating in Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
9. Winner's List: For Grand Prize winner's name, mail a separate self-addressed, stamped envelope to "Tweet2Vegas Sweepstakes Winner's List", c/o LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001 for receipt no later than 11/30/09.
NASCAR After the Lap"! logo and word mark are used under license by the National Association for Stock Car Auto Racing, Inc. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc.