ESPN NASCAR #Fandorsements Contest
PHOTO SUBMISSION GUIDELINES AND REQUIREMENTS
• Must include a number corresponding to one of the 2013 Chase for the NASCAR Sprint Cup drivers, and/or other NASCAR driver eligible for the 2013 Chase for the NASCAR Sprint Cup, listed in the Promotion,;
• Must be submitted only through Twitter or Instagram and include the hash tag “#Fandorsements” to qualify. No other form of submission will be accepted;
• Must not contain any material (including, without limitation, the handle, username, or photo) that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights (e.g., copyright, etc.);
• Must have the permission of any person(s), other than the Entrant, in any photograph and/or that is the photographer of any photograph.
• Must not, in any manner, disparage Sponsor, Host, or any other person or party affiliated with the promotion and/or administration, and/or otherwise participating in this Contest;
• Must not in any way, either visibly or otherwise, contain any brand names or trademarks except those of Sponsor and its affiliated companies (i.e. Disney, ABC, ESPN), NASCAR, Inc., and drivers/teams that will or are eligible to participate in the 2013 Chase for the NASCAR Sprint Cup. This includes, but is not limited to, brand names or logos on products, clothing, etc.;
• Must not include personally-identifiable information outside of entrant’s username/handle ;
• Must not contain any material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
• Must not contain any material or references to any alcohol or drugs;
• Must not contain any material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
• Must not contain any material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Submission is created.
• Each Entrant represents and warrants that the Submission does not violate any third party’s intellectual property rights as referenced above, and, in connection thereto, each Entrant hereby releases, discharges and holds the Sponsor, Host, and their respective directors, members, shareholders, officers, employees, agents, successors, and assigns, harmless from any claims resulting from the infringement of a third party’s intellectual property rights, privacy rights or right of publicity.
ESPN NASCAR #Fandorsements Contest
OFFICIAL RULES AND REGULATIONS
1. NO PURCHASE IS NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
2. SPONSORS: This Promotion is sponsored by ESPN, Inc. (the "Sponsor") and hosted on the nascar.com website by NASCAR Digital Media, LLC, (“Host”). The Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. NASCAR Digital Media, LLC, NASCAR, Inc., nor any of its parents, subsidiaries, or affiliates are a sponsor of the Contest.
3. ELIGIBILITY: “ESPN NASCAR #Fandorsements Contest” ("Contest") is open to all legal residents of the 50 United States and the District of Columbia (EXCLUDING PUERTO RICO, OTHER UNITED STATES TERRITORIES, AND FOREIGN TERRITORIES), age 18 years or older as of the date of entry, who have an active Twitter or Instagram account. The following are not eligible for the Promotion: (i) employees and agents of Sponsor, Host, Mass Relevance, Inc., their respective parent, subsidiary and affiliated companies, and each of their respective advertising/promotion agencies; and (ii) the "immediate family members" and/or "household members" of any of the persons set forth in (i) above. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings or spouses. "Household members" shall mean people who share the same residence at least three (3) months a year. Void in all U.S. Territories (e.g., Puerto Rico and Guam) and wherever prohibited 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, participants agree to accept and be bound by all terms of these Official Rules and Regulations ("Official Rules"). The decisions of the Sponsor regarding all matters relating to the Promotion are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. PROMOTION PERIOD: The Promotion Period will begin on August 18, 2013 at 12:00 A.M. Eastern Time (“ET”) and ends on November 4, 2013 at 11:59 P.M. Eastern Time (“ET”) (the “Promotion Period”). The Promotion Period is comprised of twelve (12) entry periods each dedicated to an individual driver (each an “Entry Period”), below. Exact Driver list will be posted on www.nascar.com/chase no later than September 10, 2013.
Entry Period 1 – 12:00 A.M. ET on Aug. 18, 2013 to 11:59 P.M. ET Sept. 2, 2013
Entry Period 2 – 12:00 A.M. ET on Aug. 18, 2013 to 11:59 P.M. ET Sept. 9, 2013
Entry Period 3 – 12:00 A.M. ET on Aug. 18, 2013 to 11:59 P.M. ET Sept. 16, 2013
Entry Period 4 – 12:00 A.M. ET on Aug. 18, 2013 to 11:59 P.M. ET Sept. 16, 2013
Entry Period 5 – 12:00 A.M. ET on Aug. 18, 2013 to 11:59 P.M. ET Sept. 23, 2013
Entry Period 6 – 12:00 A.M. ET on Aug. 18, 2013 to 11:59 P.M. ET Sept. 23, 2013
Entry Period 7 – 12:00 A.M. ET on Aug. 18, 2013 to 11:59 P.M. ET Sept. 30, 2013
Entry Period 8 – 12:00 A.M. ET on Aug. 18, 2013 to 11:59 P.M. ET Oct. 7, 2013
Entry Period 9 – 12:00 A.M. ET on Aug. 18, 2013 to 11:59 P.M. ET Oct. 14, 2013
Entry Period 10 – 12:00 A.M. ET on Aug. 18, 2013 to 11:59 P.M. ET Oct. 21, 2013
Entry Period 11 – 12:00 A.M. ET on Aug. 18, 2013 to 11:59 P.M. ET Oct. 28, 2013
Entry Period 12 – 12:00 A.M. ET on Aug. 18, 2013 to 11:59 P.M. ET Nov. 4, 2013
Note: Sponsor’s computer is the official time keeping device for this Promotion.
During the Promotion Period, Sponsor will conduct a Contest encouraging entrants to post photos (an “Entry”) to Twitter or Instagram representing the car number of the NASCAR drivers listed above before the Entry Period deadline along with the hash tag “#Fandorsements”.
Entries generated by script, macro or other automated means will be void. The Sponsor and Host are not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed entries, or for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors 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 of entries, the announcement of the prize or in any Contest-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsor's and/or Host’s control, which corrupt the integrity, administration, security or proper operation of the Contest, Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend the Contest. In the event of cancellation, Sponsor and Host reserve the right to award the prize from among all eligible, non-suspect entries received prior to the event requiring such cancellation. False or deceptive entries or acts will render the participant ineligible. All entries become the property of the Sponsor and Host and will not be acknowledged or returned.
5. PHOTO REQUIREMENTS: Each Entry must comply with the PHOTO SUBMISSION GUIDELINES AND REQUIREMENTS, above. Sponsor and Host reserve the right, in their sole and absolute discretion, to refuse to accept any Entry for any reason. You may not submit any Entry on behalf of any other person.
6. JUDGING: A panel of judges selected by Sponsor (“Judges”) will judge the entries and determine the winner based on the criteria as follows:
• One-half (1/2) creativity
• One-half (1/2) originality
7. WINNER NOTIFICATION AND REQUIREMENTS OF POTENTIAL WINNER: Each potential prize winner will initially be notified by Sponsor via direct message on their account of submission (either Twitter or Instagram) based on the username provided in the Entry on or around the end of each Entry Period. Subsequent communication between potential prize winner and Sponsor will be via email. The Winners must meet all eligibility requirements including the timely execution and return of all necessary releases and documents (if any) required by Sponsor as outlined below.
Potential winners will be required to complete an Affidavit of Eligibility, Liability Release and Publicity Release (except where prohibited by law), which must be reviewed and agreed to within two (2) days of the date of email notification.
The prize may be forfeited, and the prize will be awarded to a runner-up based on the judging criteria outlined herein if (i) any of the required documentation is not returned within two (2) days, (ii) any prize notification or any prize is returned as undeliverable, (iii) Sponsor is unable to contact a potential winner within two (2) days of its first attempt, (iv) a potential winner is ineligible, as determined by Sponsor in its sole discretion, (v) a potential winner declines the prize, or (vi) a potential winner is otherwise not in compliance with these Official Rules.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL. SPONSOR SHALL SOLELY DETERMINE ANY FORM OF VERIFICATION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIBIGILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS, AFFIDAVITS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
8. PRIZE: A total of twelve (12) prizes will be awarded – one for each Entry Period. Each prize will be the placement of a decal consisting of the Winner’s Twitter handle (i.e., @johndoe) on the race car of a NASCAR driver, for the entry period for which the Winner submitted, during one (1) NASCAR race. The exact placement of the decal on the car and specific race of inclusion are at the sole discretion of the Sponsor. The approximate value of each prize is $50.
Each prize is nontransferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value for any reason as determined by Sponsor in its sole discretion. Each winner is responsible for all applicable taxes associated with receipt of a prize.
9. PRIVACY AND PUBLICITY: All information submitted by participants in the Contest will be treated according to the Privacy Policies available at www.espn.com and www.nascar.com. Except where prohibited, participation in the Contest constitutes participant's consent to the Sponsor and Host use of his/her name (including username/handle for Twitter and Instagram), likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any and all media, in any manner, now or hereafter known throughout the world in perpetuity without further consideration or any payment.
10. GENERAL CONDITIONS: By entering this Contest, each participant grants the Sponsor and Host and their designees the right, unless prohibited by law, to: (a) use his/her name (including username/handle for Twitter and Instagram), city and state of residence, voice, picture and likeness, without compensation, notification or approval or further consideration, for the purpose of advertising and publicizing the goods and services of the Sponsor and Host and all matters related to the Contest, in any manner or medium, now or hereafter known, throughout the world in perpetuity; (b) use his/her name (including as it appears in the username/handle for Twitter and Instagram) on products or other goods manufactured, designed, or created and used for commercial purposes (e.g., diecast cars, etc.) without further consideration or any payment.
11. RELEASE AND INDEMNITY: By participating in this Contest or receiving a prize, entrants (and in particular, winners) agree to release and to indemnify and hold harmless Sponsor and Host, drivers, teams, sponsors, each of their respective parent(s), subsidiaries, other related entities, and all of their respective officers, directors, members, shareholders, assigns, employees and agents of each of the foregoing (collectively, the "Released Parties") for any liability, injury, death, loss or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Contest (and/or related activities) or the acceptance, possession or use/misuse of a prize.
12. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Contest; (2) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses or other security breaches; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Contest; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest, access to, copying or downloading materials from Twitter.com, Instagram.com or any other website, or receipt or use of any prize.
13. 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 or the appropriate State court located in New York, (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 participant be permitted to obtain awards for and participant 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 participant and Sponsor and Host in connection with the Contest, 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.
14. OFFICIAL WINNERS' LIST: The complete list of winners will be posted at http://www.nascar.com/chase after November 18, 2013.
SPONSOR: ESPN, Inc.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. NASCAR Digital Media, LLC, NASCAR, Inc., nor any of its parents, subsidiaries, or affiliates are a sponsor of the Contest.
ESPN NASCAR #Fandorsements Contest
TERMS AND CONDITIONS OF SUBMISSION
PLEASE REVIEW THESE TERMS AND CONDITIONS OF SUBMISSION (THE “AGREEMENT”) CAREFULLY, AS THEY CONSTITUTE A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF SUBMISSION GOVERN ALL SUBMISSIONS IN CONNECTION WITH THE ESPN & NASCAR #FANDORSEMENT (THE “CONTEST”).
As used herein, the term “Submission” means any and all images, photos or material entrant (“Entrant,” “you,” “your,”) submits via Twitter or Instagram, containing the tag “#Fandorsements” during the Contest Period.
1. ORIGINALITY: Entrant represents and warrants that (i) the Submission is your original work and you have not copied or used other works or other third party materials in your Submission, including images owned by third parties; (ii) the Submission will not infringe or violate any rights of any person or entity including, without limitation, any copyright, trademark, patent, privacy or publicity, or contractual rights, or constitute idea misappropriation; and (iii) Entrant has all the rights, permissions and consents necessary to submit the Submission in accordance with this Agreement and for use of the Submission by ESPN, Inc. (the "Sponsor"), NASCAR Digital Media, LLC (the “Host”) or any of their affiliated companies in all means and media. Entrant further represents and warrants that anyone engaged by you to participate in the Submission (x) has no claims for payment of any kind; (y) has no approval or consultation rights or any rights of participation; and (z) was not engaged by you or anyone associated with the Submission under any union or guild agreement that would result in any ongoing obligations resulting from the exploitation of the Submission. Promptly upon request, Entrant will provide Sponsor with signed releases as it may deem necessary in its sole discretion. Entrant further represents and warrants that the Submission does not violate any federal, state or local law or regulation.
2. NO PAYMENT FOR SUBMISSION: Entrant understands that he/she will not be paid any money for submitting the Submission or for agreeing to the terms set forth in this Agreement.
3. RIGHTS GRANTED: By submitting a Submission, Entrant hereby irrevocably grants Sponsor, Host, their parent(s), subsidiary and affiliated entities, and each of their respective licensees, distributors, agents, representatives and other authorized users including, without limitation, advertisers/sponsors directly associated with the Contest (collectively, the “Licensed Entities”), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Submission, in whole or in part (including, without limitation, all names, voices and likenesses contained in the Submission), in all means and media (including without limitation Sponsor’s and Host’s use of the Submission on all media properties) now known or hereafter devised, for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to Entrant or to any third party and with or without attribution. Nothing in this Agreement obligates or may be deemed to obligate any of the Licensed Entities to use the Submission. Entrant acknowledges that the Submission may be edited and/or added to for any reason and in any manner which the Licensed Entities may, in their sole discretion, determine and may, to the extent decided by the Licensed Entities in their sole discretion, have other elements added to the Submission, and that the Licensed Entities may use and modify the Submission or any portion or element of it and combine it with other materials. Entrant further acknowledge that the consideration for entering into this Agreement is, among other things, ESPN’s and/or its designees’ review of the Submission in connection with the Contest, the possibility of the Submission being displayed on Sponsor’s or Host’s website (e.g. www.nascar.com, www.espn.com), the possibility of the Submission being aired on one or more of ESPN’s and/or Host’s (or ESPN’s affiliates’ or Host’s affiliates’) media platforms, the possible publicity and promotion as a result, and, if selected as a winner, the possible use of Entrant’s Twitter or Instagram handle on a NASCAR driver’s competition car. Entrant is not guaranteed to receive any further consideration of any kind for the Submission and any credit received in connection with any of the Licensed Entities’ use of the Submission shall be in the applicable Licensed Entity’s sole discretion. Entrant acknowledges that the Submission is sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between Sponsor and Entrant or between any of the Licensed Entities and Entrant by virtue of the submission of the Submission. Entrant further acknowledges that Sponsor or the Licensed Entities may develop information internally or receive information from other parties that is similar to the Submission. Accordingly, nothing in this Agreement shall be construed as a representation or agreement that Sponsor and the Licensed Entities have not or will not develop or have developed ideas, concepts, products, systems or techniques that are similar to or compete with any ideas, concepts, products, systems or techniques contemplated by or embodied in the Submission. Entrant further acknowledges that in the event of a breach of this Agreement by Sponsor or any third party including any of the Licensed Entities, the damage, if any, caused to Entrant will not entitle Entrant to seek injunctive relief or other equitable relief, and Entrant will not have the right to enjoin the production, exhibition, distribution or any other exploitation of the Submission by any Licensed Entity.
4. GENERAL: This Agreement cannot be modified or waived except in writing signed by the party to be charged. The terms of this Agreement and its performance will be binding on the Entrant and his/her administrators, successors and assigns. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision to the maximum extent permitted by law, and the other provisions of the Agreement shall remain in full force and effect. Entrant may not assign his/her rights under this Agreement without Sponsor’s and Host’s prior written consent; any unauthorized assignment will be null and void. The Licensed Entities, as applicable, shall have the unlimited right to assign this Agreement and the rights granted by Entrant under this Agreement at any time, in whole or in part, to any person or entity. The construction, validity, interpretation and enforceability of this Agreement will be governed by and construed in accordance with the laws of the State of New York and the laws of the United States of America without giving effect to any choice of law or conflicts of law rules. Any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts situated in New York County, New York state, i.e., Manhattan. Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action.
ENTRANT ACKNOWLEDGES AND AGREES THAT HE/SHE HAS READ THIS AGREEMENT AND UNDERSTAND HIS/HER OBLIGATIONS HEREUNDER, THE RIGHTS THAT HE/SHE IS GRANTING HEREIN AND THE REPRESENTATIONS AND WARRANTIES HE/SHE HAS MADE IN THIS AGREEMENT.