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UPICKEM AUTO RACING CONTEST OFFICIAL RULES
Race to the Finish Contest
Official Sweepstakes Rules (“Official Rules”)
1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. Purchase will not improve your chances of winning. Entrants must be 18 years of age or older at time of entry and reside within a 50 mile radius of the Times to be eligible for this Race to the Finish (“Sweepstakes”). Employees of the Times (“Sponsor”), its respective parent, affiliates, subsidiaries, advertising sponsors and promotional agencies, and the immediate family members of each are not eligible to win. Sweepstakes is void where prohibited by law. Sweepstakes is subject to all federal, state and local laws and regulations and shall be governed by Illinois law.
2. How To Enter: Sweepstakes participants must register at the Sweepstakes pages of Sponsor’s website, located at [http://mywebtimes.autoracing.upickem.net/autoracing/registration/login.asp] (the “Website”) from 12:01 A.M. February 20, 2012 to 11:59 P.M. November 18, 2012 (the “Promotional Period”). Limit one entry per person. Only one (1) prize will be awarded per household and/or family by Sponsor for all contests or sweepstakes managed by Sponsor within a ninety (90) day period.
Sponsor is not responsible for: (i) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (ii) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, web site, server provider, network, hardware or software; (iii) the unavailability or inaccessibility of any telephone, mail, website or service; (iv) unauthorized intervention in any part of the entry process or the Sweepstakes; (v) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; and (vi) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s or UPICKEM’s web site(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s or UPICKEM's website(s) by a hypertext link. Sponsor reserves the right, in its sole discretion, to cancel, modify or prematurely conclude the Sweepstakes should any malfunction, fraud, tampering, unauthorized intervention or other cause beyond their control corrupt the administration, security or proper operation of the Sweepstakes. This Sweepstakes is not intended for gambling. If it is determined that a entrant is using the Sweepstake for an improper or illegal purposes he or she will be disqualified and reported to authorities.
3. How To Win: After the final race, the Sponsor will randomly select winners from all eligible entries received during the Promotional Period IF there are local prizes to be given away. The decision of the Sweepstakes’ Sponsor, is final on all matters pertaining to the Sweepstakes. Odds of winning depend on the number of eligible entries received. Winners will be notified by telephone number or email address provided on his or her entry. Winners must reply within seven (7) days of notification either via email or by calling phone number provided in the prize notification, or an alternate winner will be selected. A winner is not officially recognized as such until he or she responds to the notification. If Sponsor cannot find an eligible winner for the prize, that prize will not be awarded. In the event that the Sweepstakes is cancelled or ended prematurely due the reasons set forth in paragraph 2, above, Winners shall be randomly chosen by Sponsor from all eligible entries received as of the time of the impairment.
4. Prizes: Prize Winners will receive prizes courtesy of any local sponsor. If there are no local prizes offered, registrants will still be eligible to win national prizes courtesy of Second Street Media and Fathead.
Sponsor reserves the right to substitute any prize with another prize of equal or greater value. Prize must be accepted as awarded, and prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor may be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. All costs and expenses not specified herein related to the prize or the award, acceptance or use thereof, including but not limited to transportation costs, lodging, meals, beverages, taxes (including income taxes), gratuities, insurance, healthcare expenses, surcharges and other expenses incurred with respect to the award, acceptance and use of the prize are the sole responsibility of the prize winner. A prize is non-transferable and non-assignable, and it is not refundable. No cash or other substitution may be made, except by Sponsor. Prize winner is fully responsible for any and all applicable federal, state and local taxes and assessments associated with prize award, receipt and use. Winners must claim prize within thirty (30) days of being declared a winner or the prize is forfeited. If required by law, winners will be required to complete an IRS Form W-9 and in connection therewith will receive a 1099 IRS tax form for the value of the prize as stated in these Official Sweepstakes Rules.
5. General Rules and Regulations: By entering this Sweepstakes, entrants: (i) agree to abide by the terms of these Official Rules, which Official Rules are subject to change at any time, and by the decision of the Sweepstakes’ Sponsor, which is final and binding on all matters pertaining to the Sweepstakes; (ii) grant Sponsor and its designees the right to use and publish their proper name and state of residence online and in print, or any other media, in connection with the Sweepstakes; and (iii) grant Sponsor and its designees the right to use any and all information related to the Sweepstakes, including information on entrants obtained through the Sweepstakes, for marketing purposes or any other purpose, unless prohibited by law; (iv) agree that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court in Rock Island, Illinois; and further submit to sole and exclusive personal jurisdiction to said courts in the State of Illinois for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (v) agree that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees, and under no circumstances will entrant be permitted to obtain awards for and entrant 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.
By entering this Sweepstakes, I, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS AND ADMINISTRATORS, AND ANY OTHER PERSON(S) WHO MAY TAKE BY OR THROUGH ME, HEREBY RELEASE, FOREVER DISCHARGE AND AGREE TO HOLD HARMLESS THE SPONSOR AND ALL OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AFFILIATES, SWEEPSTAKES PARTNERS (INCLUDING UPICKEM), PRIZE SUPPLIERS AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AND ADVISORS (COLLECTIVELY, “RELEASED PARTIES”), FROM AND AGAINST ANY LIABILITY FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES AND LIABILITIES OF ANY NATURE WHATSOEVER WHICH I MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, WHETHER BASED ON CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY OR CLAIM INCLUDING BUT NOT LIMITED TO ANY DEATH, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE, OR OTHER HARM OR LOSS OF ANY NATURE, ANY CLAIMS BASED ON PUBLICITY RIGHTS, PRIVACY RIGHTS, PERSONALITY RIGHTS, COPYRIGHTS, “MORAL RIGHTS,” OR DEFAMATION, AND ANY AND ALL TAXES LEVIED, ASSESSED OR COLLECTED, WHETHER CAUSED BY, CONTRIBUTED TO, ARISING OUT OF, OR OTHERWISE RELATED TO THE SWEEPSTAKES, THE PRIZE, OR MY POSSESSION, ACCEPTANCE, USE, OR MISUSE THEREOF, OR MY OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH.
Entrant further agrees and I hereby do agree to defend, indemnify and hold harmless the Released Parties from any and all claims, actions, losses, expenses, damages, or other liabilities (including reasonable attorneys’ fees) incurred by or assessed against any of the Released Parties arising out of or relating in any way to any statements or representations made by me in my Sweepstakes registration.
6. Sponsor: This Sweepstakes is managed by SNG Internet Innovations, LLC. 1810 5th Avenue, Moline, IL 61265.
The Sweepstakes and all of the related pages, contents and code are copyrighted by UPICKEM, Inc., and/or Sponsor. Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.
© 2010 SNG Internet Innovations, L.L.C. All Rights Reserved.
NO PURCHASE NECESSARY. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES AND CANADA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT PARTICIPATE IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES OR CANADA AT THE TIME OF ENTRY.
These Official Rules are for the UPICKEM AUTO RACING Contest (the "Contest"), which is a nationwide contest (including both the United States and Canada) Sponsored by Second Street Media Inc. ("Sponsor"). Local affiliates who choose to participate in this Contest may offer prizes for their participants only, but eligibility for those prizes may be restricted to individuals in the affiliate's local area.
This Contest is not intended to be used for gambling purposes. If it is determined that a participant is using the Contest for gambling purposes, he/she will be disqualified.
1. ELIGIBILITY: This Contest is open to legal residents of the 50 states of United States and the District of Columbia, who are 18 years of age or older, and legal residents of Canada (excluding Quebec), who are of legal age of majority in their province of residence, at the time of entry. Local affiliates may restrict eligibility for affiliate prizes; eligibility for local affiliate prizes will be posted on the local affiliate's website. Employees of Sponsor and participating affiliates (the "Promotion Parties"), and members of the immediate family (spouse, parent, child, sibling and their respective spouse) and households of each such employee are not eligible to participate or win a prize. This contest is void in Quebec and where prohibited by law.
2. HOW TO PLAY: For each race, pick the drivers you think will finish in 1st through 10th place for the race. Picks must be submitted 15 minutes before the race is scheduled to start. Entrants will be awarded points depending on how the driver's they select finish the race. 1st place is worth 150 points, 2nd place is worth 125 points, 3rd place is worth 100 points, 4th place is worth 80 points, 5th place is worth 78 points, with the number of points being reduced by 2 points for each subsequent place from 6th place (76 points ) to 43rd place (2 points). Drivers who finish in 44th place and beyond will not receive any points. The total points for the ten drivers you selected for the race becomes the Team Score. There is a 25 point bonus for each driver that comes in the exact place you picked the driver to finish, e.g., if you picked a driver to finish in 2nd place and the driver finishes in 2nd place, you will receive a 25 point bonus to the Team Score.
Your total score for the Contest will be the combined sum of your best 15 races.
If there is a tie for the most points for a race, the tie breaker will be based first on which tied entrant had the most drivers picked in the correct place for the race. If there is still a tie, the entrant who picked the highest place correct will be declared the winner. If there is still a tie, the computer will randomly select a winner from the remaining entrants that are still tied after the first two tie-breakers.
If there are ties for overall score, the entrant with the most points for the most recent race will be declared the winner. If there is a tie, the computer will continue comparing race points for the most recent previous races, one-by-one, until a winner is selected. If any entrant are tied for all the races, the computer will randomly select a winner from the entrants that are tied for all races.
Points are awarded for the drivers, not cars. If a entrant picks a driver who qualified for race and a new driver took his/her place before the start of the race, the entrant must pick the new driver. Entrants will not receive points even though the new driver may be racing the car of the driver that the entrant selected. And, if the new driver is not in the list of drivers that can be picked then no entrants shall have the ability to pick that driver.
Weekly winners are not posted until the official governing body for the race has released the official race results and any modifications to the finish order have been made. This can be anywhere from 24 to 48 hours after the conclusion of the race. Any modifications to the race results after the official race results are posted will not be considered.
Limit one (1) entry per person.
3. WINNER NOTIFICATION: Winners will be notified by email. All posted results are unofficial until winners are verified. If a winner does not respond within seven (7) days of the initial notification email, the prize will be forfeited and awarded to the next highest scoring participant. Prizes won by an eligible participant who is a minor in his/her state of residence will be awarded to minor's parent or legal guardian who must sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of participants.
4. GENERAL CONDITIONS: Participants agree to abide by the terms of these Official Rules and that the decisions of the Sponsor are final and binding on all matters pertaining to the Contest. The Promotion Parties reserve the right to substitute any prize with another prize of equal or greater value. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor.
The Promotion Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are provided only by the manufacturer, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. Each winner is responsible for all federal, state and local taxes and may be required to complete an IRS form W-9. Sponsor reserves the right to withhold prizes until completed form W-9 is received.
A participant grants to Sponsor and its affiliates the right to use and publish his/her proper name and state/province or residence online and in print, or any other media, in connection with the Contest. By accepting a prize, a winner grants Sponsor the right to use his or he name and likeness for advertising and promotional purposes without further compensation. Participants agree (a) to release and hold Sponsor, Promotion Parties and all of their respective officers, directors, employees, representatives and agents from any and all liability for any injuries, losses or damages of any kind, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Contest; (b) that under no circumstances will participants be permitted to obtain awards for any punitive, incidental or consequential damages; (c) all 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 (d) any and all claims, judgments, and award shall be limited to actual out- of- pocket costs incurred, excluding attorneys' fees and court costs.
5. PRIVACY NOTICE: Information you provide in connection with this contest is subject to Sponsor's Privacy Policy and will be shared with your local affiliate.
6. LIMITATIONS OF LIABILITY: Sponsor and Promotion Parties are not responsible for Internet crashes or slowdowns caused by network congestion, viruses, sabotage, satellite failures, phone line failures, electrical outages, natural disasters or acts of man or God, lost, late, misdirected, postage-due, unintelligible, returned, undelivered entries or email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Contest or Website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Website's terms of service, as solely determined by the Sponsor, will be disqualified. Neither Sponsor nor Promotion Parties are responsible for any incorrect or inaccurate information whether caused by Website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Contest, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized Website access. Any use of robotic, macro, automatic, programmed or like methods of play will void all such plays, and may subject that participant to disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her submissions) who tampers with the submission process. Neither Sponsor nor Promotion Parties are responsible for injury or damage to participant's or any other person's computer or property related to or resulting from participating in this Contest. Should any portion of Contest be, in the Sponsor's sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Contest, or Contest plays, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest.
7. WINNERS: For a list of national winners, mail a self-addressed, stamped envelope to: Second Street Media, Inc., 317 N 11th Street, Suite 200, St. Louis, MO, 63101, Attn: Auto Racing Contest Winners List. Requests must be received by Dec 15, 2012.
This contest is sponsored by Second Street Media, Inc., 317 N 11th Street, Suite 200, St. Louis, MO, 63101.
© 2012 Second Street Media, Inc.
UPICKEM is a trademark of Second Street Media, Inc. The content, information, data, designs and code associated with the Contest website are protected by intellectual property and other laws. Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.
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