Sprint Fan Vote Sweepstakes and Instant Win Promotion

Official Rules

NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility:  The “Sprint Fan Vote Sweepstakes (“Sweepstakes”) and Instant Win Promotion (“Instant Win Promotion”)” (the “Sweepstakes” and the “Instant Win Promotion” sometimes hereinafter shall be referred to collectively as the “Promotion”) is open solely to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry.  Employees, officers, directors and members of Sprint Communications Company, L.P. (“Sponsor”), Octagon, Inc. (“Administrator”), NASCAR, Inc., NASCAR Digital Media, LLC, Telescope Inc., of any other company(ies) associated with the operation, administration, advertising, marketing, promotion or publicity of the Promotion, or of any parent, subsidiary, affiliate, agent, successor or assignee of any such entity, as well as the immediate family members (i.e., spouse/domestic partner, parents, siblings and children, regardless of whether living in the same household as any such employee) and household members (regardless of whether related to any such employee) of each such employee, officer, director and member, are not eligible to participate in the Promotion or to win a prize in the Promotion.  The Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited.  Participation by any entrant in the Promotion constitutes such entrant’s full and unconditional agreement to these Official Rules and to each of the decisions of Sponsor and of Administrator (an independent judging organization) with respect to the Promotion (including, without limitation, the operation of the Promotion, the selection of potential prize winners, and the awarding of prizes herein); all such decisions are final, binding and non-appealable in all matters related to the Promotion.  Any potentially winning entrant’s entitlement to receive and use a prize that may be awarded in the Promotion is contingent upon such entrant’s fulfilling each and every requirement set forth in these Official Rules.   

 

2. Sponsor and Administrator: The Sponsor of the Sweepstakes is Sprint Communications Company, L.P., 6200 Sprint Parkway, Overland Park, KS 66251.  The Administrator of the Sweepstakes is Octagon, Inc., 800 Connecticut Avenue, Suite 2E, Norwalk, CT 06854.  NASCAR, Inc. and NASCAR Digital Media, LLC are not sponsors of the Promotion.     

3.  Promotion PeriodEligible individuals may enter the Promotion, via one of the two (2) entry methods described in Section 4 below, commencing at 12:00:01 a.m., Eastern Time (“ET”), on March 16, 2014 and continuing until and through 7:00:00 p.m., ET, on May 16, 2014 (the "Promotion Period").  Administrator’s computer is the official time-keeping device for the Promotion.

 

4.  Entry MethodsEligible entrants may enter the Promotion by doing one of the following during the Promotion Period:

 

(a)  visiting http://www.nascar.com/SprintFanVote (or if using a mobile device to access the internet, visiting m.nascar.com/SprintFanVote) and following the links and instructions at such webpage to complete (in its entirety) and submit electronically to Sponsor the Promotion registration entry form that can be found at such webpage; or,

 

(b)  downloading the most recently updated version of the complimentary, official “NASCAR Mobile” application (the “App”) to the entrant’s smartphone and following the instructions within the App to complete (in its entirety) and submit electronically to Sponsor the Promotion registration entry form.

    

Each time an eligible entrant properly completes and submits the Promotion registration entry form during the Promotion Period, he/she will receive one (1) entry into the Promotion (it being understood that if the entrant elects to allow Sponsor to retain the entrant’s basic registration information for the Promotion, then the entrant will be required to provide only abbreviated information in subsequent Promotion entry submissions).  Entries submitted prior to the start of the Promotion Period or received by Sponsor after the end of the Promotion Period (regardless of when such entries are submitted) shall be void.  There is no limitation on how many times an entrant may enter the Promotion during each day of the Promotion Period; provided, however, that an entrant’s use or attempted use of any agencies or robotic, repetitive, automatic, programmed or similar automated system(s) or method(s) to participate in the Promotion is strictly prohibited and will result automatically in the voiding of all Promotion entries by such entrant and in the disqualification of such entrant from participation in the Promotion.  (In conjunction with each submission of an entry into the Promotion, an entrant additionally will be afforded the opportunity to vote for his/her favorite NASCAR® driver to appear in the 2014 NASCAR Sprint All-Star Race™ that is scheduled to take place at the Charlotte Motor Speedway in Concord, NC on May 17, 2014.  The driver for whom an entrant casts such vote, the overall outcome of such public voting, and whether or not the entrant elects to cast such vote in conjunction with any particular Promotion entry, shall have no bearing on the status of such entry by the entrant into the Promotion or on the odds that the entrant will receive a prize in the Promotion.)  All Promotion entries become the exclusive property of Sponsor and will be neither acknowledged nor returned.  Multiple entrants are not permitted to share the same email address.  In the event of a dispute as to the identity of an entrant submitting a Promotion registration form, the “authorized account holder” of the email address used to submit such Promotion registration form shall be deemed to be the entrant.  The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Among other eligibility verification requirements, each potential winner of a prize in the Promotion may be required to show reasonable proof of his/her being the authorized account holder.

 

5.  Random Drawing for Grand Prize in Sweepstakes:  On or about May 20, 2014, Administrator will conduct a random drawing, from among all eligible Promotion entries that are received by Sponsor during the Promotion Period (with the exception of any such entry(ies) that was(were) submitted by a Promotion entrant who was selected pursuant to Section 6 below to receive an “Instant Win Prize” in the form of an “Autographed Picture” (as such terms are defined in Section 6 below)), for the purpose of selecting one (1) potential “Grand Prize Winner” of the one (1) “Grand Prize” (as more fully described in Section 7 below) to be awarded in the Sweepstakes.  The potential Grand Prize Winner in the Sweepstakes will be notified by email, phone, or regular U.S. Mail, as determined by Sponsor or Administrator in its sole discretion.  Both the potential Grand Prize Winner in the Sweepstakes (or his/her parent or legal guardian if he/she is deemed to be a minor in his/her state of residence) and the designated “guest” (as described more fully in Section 7 below) of the potential Grand Prize Winner in the Sweepstakes will be required to complete, sign and return to Administrator a Verification of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (collectively, the “Release Documentation”).  To remain potentially entitled to receive the Grand Prize, the potential Grand Prize Winner and his/her guest must complete, sign and return the Release Documentation to Administrator, within seven (7) days of the date of issuance thereof and unaltered from the precise form in which the Release Documentation is provided by Administrator.  In the event that (a) the potential Grand Prize Winner cannot be contacted within five (5) days after the date on which Administrator initially attempts to notify the potential Grand Prize Winner, (b) the potential Grand Prize Winner and his/her guest do not complete, sign, and return unaltered to Administrator the Release Documentation within seven (7) days from the issuance thereof, (c) the prize notification to the potential Grand Prize Winner is returned as undeliverable, or (d) the potential Grand Prize Winner fails a criminal background check (which background check the potential Grand Prize Winner hereby authorizes Sponsor or Administrator to conduct) or otherwise fails to comply fully with these Official Rules, then the potential Grand Prize Winner will forfeit any right or entitlement to receive or use any prize in the Sweepstakes, and at the sole discretion of Sponsor, an alternate potential Grand Prize Winner shall be selected, in place of the potential Grand Prize Winner who originally was selected, by means of another random drawing subsequently to be conducted by Administrator from among all other eligible Promotion entries that were received by Sponsor during the Promotion Period (with the exception of any such entry(ies) that was(were) submitted by a Promotion entrant who was selected pursuant to Section 6 below to receive an Instant Win Prize in the form of an Autographed Picture).     

 

6.  “Instant Win” PromotionDuring the Promotion Period, entrants will have an opportunity to play an instant win game immediately after the submission of valid Promotion entry by clicking on a “Play” button that is presented separately to the Promotion entrant immediately after his/her submission of a valid Promotion entry. The first time entrants play the Instant Win game they will receive a downloadable, mobile handset screen wallpaper (a “Wallpaper”, as described in greater detail in Section 8(b) below). Each subsequent time an individual enters the Grand Prize promotion, he/she will be given another opportunity to play the Instant Wine game.  Instant Winners will be determined on a computer-generated, randomized basis.     

 

7.  Description, Conditions and Value of the One (1) Grand Prize to be Awarded in the Sweepstakes

 

(a)  The one (1) Grand Prize to be awarded as the sole prize in the Sweepstakes portion of the Promotion shall consist solely of the following elements: 

 

(i) two (2) tickets (the “Tickets”), for use solely by the Grand Prize Winner and his/her designated guest (which guest must be at least 18 years of age (or the age of majority in the state of the guest’s principal residence, if the latter age is higher) at the time the Grand Prize Winner initially is notified of his/her selection as a potential Grand Prize Winner in the Sweepstakes, and which guest additionally must be a legal resident of one of the fifty (50) United States or the District of Columbia, and which guest must agree to travel on the same itinerary and at the same time as the Grand Prize Winner), to attend one (1) of the following “2014 Chase for the NASCAR Sprint Cup™” automobile races (with the particular race (hereinafter, the “Race”) to be selected by the Grand Prize Winner by no later than July 11, 2014, and with the precise seats at the Race to be determined by Sponsor in its sole discretion): 

 

(A)  the NASCAR Sprint Cup Series™ Race that tentatively is scheduled to take place at the Chicagoland Speedway in Joliet, IL at 2:00 p.m., ET, on September 14, 2014; or, 

 

          (B)  the Osram Sylvania 300 Race that tentatively is scheduled to take place at the New Hampshire Motor Speedway in Loudon, NH at 2:00 p.m., ET, on September 21, 2014; or, 

 

          (C)  the AAA 400 Race that tentatively is scheduled to take place at the Dover International Speedway in Dover, DE at 2:00 p.m., ET, on September 28, 2014; or,

 

          (D)  the Hollywood Casino 400 Race that tentatively is scheduled to take place at the Kansas Speedway in Kansas City, KS at 2:00 p.m., ET, on October 5, 2014; or,

 

          (E)  the Bank of America 500 Race that tentatively is scheduled to take place at the Charlotte Motor Speedway in Concord, NC at 7:30 p.m., ET, on October 11, 2014; or,

 

          (F)  the Taladega 500 Race that tentatively is scheduled to take place at the Taladega Superspeedway in Taladega, AL at 2:00 p.m., ET, on October 19, 2014; or,

 

          (G)  the Goody’s Headache Relief Shot 500 Race that tentatively is scheduled to take place at the Martinsville Speedway in Martinsville, VA at 1:30 p.m., ET, on October 26, 2014; or,

 

          (H)  the AAA Texas 500 Race that tentatively is scheduled to take place at the Texas Motor Speedway in Fort Worth, TX at 3:00 p.m., ET, on November 2, 2014; or,

 

          (I)  the Quicken Loans 500 Race that tentatively is scheduled to take place at the Phoenix International Raceway in Avondale, AZ at 3:00 p.m., ET, on November 9, 2014; or,

 

          (J)  the Ford EcoBoost 400 Race that tentatively is scheduled to take place at the Homestead-Miami Speedway in Homestead, FL at 3:00 p.m., ET, on November 16, 2014; and,   

 

          (ii) round-trip, economy-class air transportation for the Grand Prize Winner and his/her guest between a commercial airport located within seventy-five (75) miles of the Grand Prize Winner’s principal residence and a commercial airport located within seventy-five (75) miles of the racetrack where the Race is being held (the “Track”) (with the departing and arriving airports, airline(s), flights, and precise travel dates and times to be determined by Sponsor or Administrator in its sole discretion; and with Sponsor and Administrator having no obligation to provide, and the Grand Prize Winner having no right or entitlement to receive, any refund or compensation of any amount if any of these originally scheduled flights are cancelled or delayed for any reason; and with Sponsor or Administrator further reserving the right, exercisable in its sole and reasonable discretion, to substitute exclusive or non-exclusive, round-trip ground transportation between the Grand Prize Winner’s principal residence and the Track, in place of the round-trip air transportation, if the Grand Prize Winner is deemed to reside in close proximity to the location of the Track); and,

 

          (iii)  two (2) consecutive nights of hotel accommodations for the Grand Prize Winner and his/her guest in or near the metropolitan area of the Track (with the precise hotel, room type, and lodging dates to be determined by Sponsor in its sole discretion, and with the Grand Prize Winner and his/her guest to be required to share a single room that is designed to be occupied by two (2) persons); and,

 

          (iv)  ground transportation (in the form of a taxicab or an exclusive or shared car service, as determined by Sponsor in its sole discretion) for the Grand Prize Winner and his/her guest between and among the arriving airport (i.e., at or near the location of the Race), the hotel (i.e., in or near the metropolitan area of the Track), and the Track; and,

 

          (v)  a non-accountable cash allowance in the sum of Five Hundred Dollars ($500.00) (which cash allowance may be issued in the form of a gift card or rewards card (either such card, the “Card”), in which case the Grand Prize Winner shall be bound by any expiration date on the redemption and use of the Card) that the Grand Prize Winner and his/her guest may use (in their discretion) on expenditures in connection with the Grand Prize trip for items such as meals, Race programs, souvenirs, gratuities, ground transportation between the Grand Prize Winner’s principal residence and the original departing airport, parking at the original departing airport, airline baggage fees, in-flight food and/or entertainment, and/or other lawful items of the Grand Prize Winner’s choosing (such items collectively, the “Non-Covered Incidentals”).    

 

(b)  The Grand Prize Winner and his/her guest will be bound by each and all of the terms, conditions and restrictions set forth and/or referenced on the Tickets, on the air transportation tickets, voucher(s) and/or certificate(s), and on the Card (if a Card is issued as part of the Grand Prize pursuant to Section 7(a)(v) above).  The Grand Prize Winner and his/her guest will be subject further to the ticket use terms, rules and regulations established from time to time by NASCAR, Inc., the owner, operator and/or manager of the Track, and any other governmental and/or corporate entity(ies) having appropriate jurisdiction over the dispensation of tickets to professional automobile racing and/or other professional sports events occurring at or in the vicinity of the Track (collectively, the “Race Ticket Rules”); in the event of any violation by the Grand Prize Winner and/or his/her guest of the Race Ticket Rules, any and all of the entities set forth in the immediately preceding sentence will have the right to revoke the Tickets and to eject the Grand Prize Winner and/or his/her guest from attendance at the Race.  The approximate retail value (“ARV”) of the Grand Prize as described in Section 8(a) above is Two Thousand Seven Hundred Dollars ($2,700.00).  The actual retail value of the Grand Prize as described in such Section 8(a) may vary, by reason of (among other things) (i) fluctuations in the ticket prices of economy-class air transportation and/or (ii) the distance, and amount of airline competition, between the original departing airport and the arriving airport; in no event shall the Grand Prize Winner be entitled to receive any refund or compensation for the difference between the ARV of the Grand Prize and the actual retail value of the Grand Prize.  The odds of any individual Promotion entrant winning the Grand Prize depend on both (A) the total number of eligible Promotion entries received by Sponsor from all Promotion entrants during the Promotion Period and (B) the total number of eligible Promotion entries submitted by such Promotion entrant and received by Sponsor during the Promotion Period.

 

(c)  The Grand Prize Winner and his/her guest must be able and available to travel on the dates determined by Sponsor (in its sole discretion); otherwise, the Grand Prize Winner will forfeit the Grand Prize.  Notwithstanding the immediately preceding sentence, Sponsor will make reasonable efforts (subject to the availability of reasonably priced airline flights and hotel accommodations, the requirement that airline flights and hotel accommodations be booked at least 21 days prior to the original departure date, the necessity of avoiding certain travel blackout dates, and other factors) to select travel dates that are amenable to the Grand Prize Winner.   

 

(d)  Any expenses, costs or fees that are involved with the receipt or use of the Grand Prize and that are not specified in Section 7(a) above as elements of the Grand Prize (e.g., each and any of the Non-Covered Incidentals) are the sole responsibility of the Grand Prize Winner (and his/her guest) and are not included as part of the Grand Prize.  Any other details of the Grand Prize that are not specified in such Section 7(a) will be determined by Sponsor or Administrator in its sole discretion.  The Grand Prize is provided “as is”; neither Sponsor, nor Administrator, nor NASCAR, Inc., NASCAR Digital Media, LLC, nor any other party makes any representation, warranty or guarantee with respect to the Grand Prize.  Neither Sponsor, NASCAR, Inc., NASCAR Digital Media, LLC nor Administrator is obligated to provide to the Grand Prize Winner, and the Grand Prize Winner is not entitled to receive, any refund or compensation in the event any travel ticket(s), voucher(s) and/or certificate(s) becomes lost, stolen or mutilated.  The Grand Prize is non-transferable, non-refundable, non-resalable, non-exchangeable, non-returnable, non-refundable and not redeemable for cash, and the Grand Prize must be accepted as awarded.  No cash or other substitution(s) for the Grand Prize may be made, except by Sponsor, who reserves the right, exercisable in Sponsor’s sole discretion (in the event of the cancellation or postponement of the Race or of the 2014 NASCAR Sprint Cup Series™, or for any unavailability or other reason(s) whatsoever), to substitute a prize (or component(s) thereof) with a different prize (or different component(s) thereof) of substantially equal or greater value.  The fair market value of the Grand Prize may be reported as income to the Grand Prize Winner, and such individual shall bear sole and full responsibility for the prompt payment and prompt reporting of any and all applicable federal, state and local taxes that may be associated with the receipt and/or use of the Grand Prize.  In this regard, an IRS Form 1099 may be issued to the Grand Prize Winner. 

 

8.  Description, Conditions and Value of the Prizes to be Awarded in the Instant Win Promotion: 

 

(a)  Twenty (20) Instant Winners will receive a framed Autographed Picture.  The size, composition and finish of each Autographed Picture, together with the size, color(s), materials, style and weight of the frame for the Autographed Picture, shall be determined by Sponsor or Administrator in its sole discretion.  Each framed Autographed Picture will be shipped via ground service to the respective recipient thereof, at the street/mailing address (but not a post office box number) theretofore provided by such recipient to Sponsor, within approximately six (6) weeks after the later to occur of (i) the conclusion of the Promotion Period or (ii) Sponsor’s or Administrator’s receipt and approval of the unaltered Release Documentation, as completed and signed by such recipient.  The cost of shipping the framed Autographed Picture to each such recipient will be borne by Sponsor or Administrator, with the precise means and mode of shipping, and the particular shipping carrier, to be determined by Sponsor or Administrator in its sole discretion.  The ARV of each framed Autographed Picture is One Hundred Dollars ($100.00), and the aggregate ARV of the twenty (20) framed Autographed Pictures to be awarded in the Instant Win Promotion is Two Thousand Dollars ($2,000.00).  The odds of any individual Promotion entrant winning a framed Autographed Picture as a prize in the Instant Win Promotion depend on both (i) the total number of eligible Promotion entries received by Sponsor from all Promotion entrants at any given time during the Promotion Period and (ii) the total number of eligible Promotion entries submitted by such Promotion entrant and received by Sponsor at any given time during the Promotion Period.

 

(b)  An unlimited amount of Wallpapers (with the exact number of different Wallpapers to be determined by Sponsor in its sole discretion) will be awarded.  The content, patterns and styles of each of these different Wallpapers shall be determined by Sponsor in its sole discretion.  Upon being awarded a Wallpaper, the recipient will be provided with online instructions (at the email address theretofore provided by such recipient in his/her Promotion registration entry form) explaining how to download the Wallpaper to such recipient’s mobile handset. The Wallpaper has no retail value.  The odds of any individual Promotion entrant winning a Wallpaper as a prize in the Instant Win Promotion depend on both (i) the total number of eligible Promotion entries received by Sponsor from all Promotion entrants at any given time during the Promotion Period and (ii) the total number of eligible Promotion entries submitted by such Promotion entrant and received by Sponsor at any given time during the Promotion Period.

 

(c)  No individual Promotion entrant shall be entitled to win greater than one (1) “Autographed Picture” (as described in the immediately succeeding sentence and in Section 8(a) below) or more than one (1) of each Wallpaper.  Any other details of the Autographed Picture and Wallpaper Instant Win Prizes that are not specified in Sections 8(a) and 8(b), respectively, above will be determined by Sponsor or Administrator in its sole discretion.  All Autographed Pictures and Wallpapers are provided “as is”; neither Sponsor, nor Administrator, nor NASCAR, Inc., NASCAR Digital Media, LLC, nor any other party makes any representation, warranty or guarantee with respect to any of the Instant Win Prizes.  Each and any Instant Win Prize is non-transferable, non-refundable, non-resalable, non-exchangeable, non-returnable, non-refundable and not redeemable for cash, and each Instant Win Prize must be accepted as awarded.  No cash or other substitution(s) for any Instant Win Prize may be made, except by Sponsor, who reserves the right, exercisable in Sponsor’s sole discretion (for any unavailability or other reason(s) whatsoever), to substitute an Autographed Picture or Wallpaper Instant Win Prize with a different Instant Win Prize of substantially equal or greater value.  The fair market value of the Autographed Picture Instant Win Prize may be reported as income to each and any recipient thereof, and such individual shall bear sole and full responsibility for the prompt payment and prompt reporting of any and all applicable federal, state and local taxes that may be associated with the receipt and/or use of the Autographed Picture.  In this regard, an IRS Form 1099 may be issued to each and any recipient of an Autographed Picture as an Instant Win Prize in the Instant Win Promotion. 

 

9.  Release:  By receipt of any prize in the Promotion, each recipient of a prize in the Promotion agrees irrevocably and in perpetuity to discharge, release, defend, indemnify, and hold harmless Sponsor, Administrator, NASCAR, Inc., NASCAR Digital Media, LLC, Telescope Inc., their respective parents, subsidiaries, affiliates, prize and other suppliers, distributors, advertising agencies, marketing agencies, promotion agencies, successors and assignees, and each such entity’s respective officers, directors, employees, shareholders, assigns, successors, members and agents (collectively, the “Released Parties”), from and against any and all claims, demands, actions, causes of action, judgments, liability, damages, losses, injuries, costs and expenses (including, without limitation, personal injury, death, damage to or loss of property, and reasonable attorneys’ fees and court costs) arising out of or relating to such prize recipient’s participation in the Promotion or acceptance, receipt, possession, use or misuse of any prize awarded in the Promotion.

10.  Publicity:  Except where expressly prohibited by applicable law, participation in the Promotion constitutes each Promotion participant’s consent to the use by Sponsor, Administrator, NASCAR, Inc., NASCAR Digital Media, LLC, and/or the agent or designee of each and any such entity, of such Promotion participant’s name, likeness (photographic or simulated), voice, city and state of residence, biographical information, statements, opinions and/or quotes for any and all advertising, marketing, promotional, publicity or other trade purposes, in any and all media (whether now known or hereafter devised), throughout the world in perpetuity, without any further (a) notice to such Promotion participant, (b) review or approval right by such Promotion participant, or (c) compensation, payment or consideration to such Promotion participant.

11.  General Conditions:  Sponsor reserves the right, exercisable in its sole discretion, to cancel, suspend and/or modify the Promotion, or the Sweepstakes or Instant Win Promotion portion of the Promotion, or any part of the Promotion, Sweepstakes or Instant Win Promotion, if any fraud, technical failure, human error, or other factor impairs or corrupts the integrity, proper functioning, fair play, security or safety of the Promotion, as determined by Sponsor in its sole discretion.  In such event, Sponsor shall have the right, exercisable in its sole discretion, to hold a random drawing, from among all eligible Promotion entries received by Sponsor up until the time of such discontinuance, for the purpose of awarding all or any number of the prizes offered herein (as determined by Sponsor in its sole discretion).  Sponsor further reserves the right, exercisable in its sole discretion, to disqualify from participation in the Promotion any individual it finds (a) to be tampering with the entry process for the Promotion or with the operation of the Promotion, (b) to be acting in violation of these Official Rules or the official rules of any other promotional activity which Sponsor is operating or with which Sponsor otherwise is involved, or (c) to be acting in an unsportsmanlike, disruptive, unruly, obscene, abusive, harassing, threatening or dangerous manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Promotion (or any part of the Promotion) may be a violation of criminal and/or civil laws, and should such an attempt be made, Sponsor specifically reserves the right to seek and obtain damages from and against any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision or of any other provision of these Official Rules.

 

12.  Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect, inaccurate or incomplete information, whether caused by Promotion entrants, printing errors, technological transmission or delivery problems, or any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or internet service lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the operation or administration of the Promotion or in the processing of Promotion entries; (e) late, lost, undeliverable, indecipherable, damaged, stolen, or postage-due mail or email; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s participation in the Promotion or acceptance, receipt, possession, use or misuse of any prize awarded in the Promotion.  If for any reason an entrant's Promotion entry is confirmed to have been erroneously deleted, lost, delayed, or otherwise destroyed or corrupted, then such entrant’s sole remedy is another entry in the Promotion, if it is reasonably and technically feasible.  No more than the stated number of prizes will be awarded in either the Sweepstakes portion of the Promotion or the Instant Win Promotion portion of the Promotion.  In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, then Sponsor reserves the right to award only the stated number of each type and level of prize, by means of a random drawing among all legitimate, un-awarded, eligible prize claims.

13.  Disputes:  Except where prohibited by applicable law, each entrant agrees that: (a) any and all disputes, claims, demands, actions, and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in the State of Kansas, and each entrant agrees irrevocably to the exclusive personal and subject matter jurisdiction and exclusive venue of such court; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain awards for, and each and any entrant hereby irrevocably waives all rights to claim, indirect, incidental, consequential, punitive, exemplary and special damages and any other damages, other than for actual out-of-pocket expenses, and each entrant hereby irrevocably waives 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, an entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Promotion, shall be governed exclusively by, and construed exclusively in accordance with, (i) the laws of the State of Kansas, without giving effect to any choice of law or conflict of law rules or principles (whether of the State of Kansas or of any other jurisdiction) which would result in the application of the laws of any state jurisdiction other than the State of Kansas; and (ii) the federal laws of the United States of America.

14.  Entrants’ Personal Information:  All information submitted by entrants into the Promotion will be treated according to Sprint’s Privacy Policy, available at www.sprint.com/legal/privacy.html.  

 

15.  List of Prize RecipientsTo request the names of the Grand Prize Winner and of the recipients of the Instant Win Prizes in the Promotion, send a self-addressed, stamped envelope to “The Sprint Fan Vote Sweepstakes and Instant Win Promotion” Prize Recipients, c/o Octagon, Inc., 10115 Kincey Avenue, Suite 210, Huntersville, NC 28078, Attention:  Matthew Jonak.  Any such request must be received not earlier than May 23, 2014 and not later than June 27, 2014. Residents of the State of Vermont may omit return postage.

 

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