DRIVERCAST SAM BASS SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
PROGRAM DESCRIPTION: The DriverCAST Sam Bass GiveAway (“Promotion”) consists of a Sweepstakes (“Game”) and begins at 3:00 AM Eastern Time (“ET”) on 10/12/06 and ends at 11:59 PM ET on 11/20/06 (“Promotion Period”). Administrator's computer is the official time keeping device for this Promotion.
ELIGIBILITY: The Promotion is offered only in the 50 United States and District of Columbia (“U.S.”) and is open only to legal U.S. residents who are 18 years of age or older as of date of entry (“Entrant”). Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses and in-laws) and household members of DRIVERCAST (“Sponsor”), Palm, Sam Bass, Inc. and INTEL, DriverCAST all other DriverCAST advertising and promotional agencies, and their respective parent companies, subsidiaries and affiliates and companies involved in the implementation and execution of the Promotion (collectively the "Promotion Entities") are not eligible. Promotion is void in Puerto Rico, and other states where prohibited, US Commonwealths, Territories and jurisdictions (including overseas military installations) and where prohibited.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Promotion, each participant (or if the participant is not of the age of majority in his/her state of residence [an “eligible minor”], their parent or legal guardian) fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER SWEEPSTAKES: In order to enter the Sweepstakes, it is necessary to register at drivercast.com/drivercastgiveaway, simply visit the Web site, register, read and accept these Official Rules and complete and submit the registration form as directed by 11:59 PM ET on 11/20/06. (All information requested must be provided.) Upon submission of the registration form as directed, you will automatically receive one (1) entry into the Sweepstakes. To receive additional entries into the Sweepstakes during each Entry Period, 1) visit the Web site, 2) click on the registration link; and 3) complete the registeration information enter. LIMIT: ONE (1) ENTRY PER PROMOTION DAY PER PERSON OR EMAILADDRESS. THERE IS NO MAXIMUM ENTRIES PER PERSON OR EMAIL ADDRESS.
AWARDING OF SWEEPSTAKES PRIZES: Awarding of the Sweepstakes Prizes will be determined by the DriverCAST whose decision is final. Prizes below are listed with their respective approximate retail values (ARV).
SWEEPSTAKES PRIZES:
FOUR (4) GRAND PRIZES: A Hand Painted TREO 700 P or W by Sam Bass. See sambass.com for information on his work.
PRIZE RESTRICTIONS: Sweepstakes Prizes – Grand Prize Winners are responsible for expenses related to the acceptance and use of the prize not specified herein. Winners will be sent the prize within 30 days of notice of winning the prize by DriverCAST. Winners must a have valid U.S. driver’s license. TREO 700’s may differ from any TREO shown in promotional materials or on the website. LIMIT: ONE (1) SWEEPSTAKES PRIZE PER PERSON OR EMAIL ADDRESS FOR ENTIRE PROMOTION PERIOD. In the event that a potential winner of a prize is disqualified for any reason, that prize will be awarded in a Second Chance Drawing (see details below). LIMIT: ONE (1) INSTANT WIN PRIZE PER PERSON OR EMAIL ADDRESS PER ENTRY PERIOD. All Prizes - Prizes may not be transferred or assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute the prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by the Sponsor in its sole discretion. Winners will be responsible for all expenses not specified relating to acceptance and use of a prize and for all applicable taxes (including but not limited to federal, state, local and/or income) on prize and will be required to provide his/her Social Security number for tax reporting purposes. Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of prize if that value is in excess of $600.
SWEEPSTAKES WINNER SELECTION AND VERIFICATION: The Drawing will be conducted by Administrator, an independent judging organization. Potential winners will be notified by phone and/or mail and will be required to complete an Affidavit of Eligibility and Liability Release and (unless prohibited by law) a Publicity Release Form and return within a specified amount of time. If the potential winner fails to return forms within the required time period, or if he/she is otherwise ineligible to receive the prize as determined by Administrator, or prize notification is returned or deemed undeliverable, prize will be forfeited and an alternate winner will be selected. If a potential winner is an eligible minor, at Sponsor’s discretion eligibility and release forms must be confirmed and signed by his/her parent or legal guardian. The odds of being selected as a winner depend on the number of eligible entries received.
SECOND CHANCE DRAWING TO AWARD UNCLAIMED INSTANT WIN PRIZES: A Second Chance Drawing will be conducted on or about 11/27/06 from among all registrants to award any unclaimed prizes. The odds of winning the Second Chance Drawing depend on the total number of eligible registrants and total number of unclaimed Instant Win Prizes. Second Chance Drawing will be conducted by Administrator. Winners will be notified by mail.
RELEASE AND ACKNOWLEDGMENT: By participating, entrants and, if eligible minors, their parents or legal guardians, (a) agree to release and hold harmless Promotion Entities and their respective directors, officers, agents and employees (collectively, “Released Parties”) from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation in the Promotion, including, but not limited to, the unauthorized or illegal access to personally identifiable or sensitive information and/or the acceptance, possession, use, or misuse of any prize; (b) agree that if a prize winner, to the use (except where prohibited by law) of winner’s name, home town, likeness, statements and other personally identifiable information for marketing and advertising of Sponsor’s products, services and consumer promotions in any media throughout the world without additional prize, incentive, consideration, consent or review; and upon request will provide written consent to such use; and (c) acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize including, but not limited to, its quality or availability, except in regard to Sponsor and the standard limited warranty for the prize vehicle. Neither Released Parties nor any service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human or other error, programming, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Web site , or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer equipment, or for any other error related to or resulting from participation in this Promotion, whether computer, technical, telephonic, typographical, printing, human or otherwise, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Promotion, the processing of entries.
GENERAL CONDITIONS: If for any reason the Promotion, or any part of it, is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right at its sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify or suspend the Promotion. In the event of any cancellation, termination or suspension, notice thereof will be posted at www.drivercast.com/expert and, at Sponsor’s discretion, the selection of any remaining winners may be made from among all eligible, non-suspect entries received as of the date of the termination, cancellation or suspension, as Sponsor determines in its sole discretion. Entries not complying with all rules are subject to disqualification. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE, TAMPER WITH THE SWEEPSTAKES OR INSTANT WIN GAME PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. No more than the stated number of instant win prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of instant win prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
DISPUTES: Entrants and, if eligible minors, their parents and legal guardians, agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Game or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in San Diego, CA, USA; (b) 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 (c) under no circumstances will registrant be permitted to obtain awards for, and registrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than 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, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Game, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
SPONSOR: DriverCAST, LLC. (“DRIVERCAST ”), 5256 S. Mission Rd, Suite 703 #166A, Bonsall, CA 92003.
ENTRANT’S PERSONAL INFORMATION: Information collected from entrants is subject to DriverCAST Privacy Policy (http://www.drivercast.com/privacy.html).
WINNERS / RULES: For the names of the winners (available after 12/15/06) and/or a copy of these Official Rules, mail a stamped, self-addressed envelope to: DriverCAST Sam Bass GiveAway Request, 5256 S. Mission Rd, Suite 703 #166A, Bonsall, CA 92003. Requests must be received by 11/20/06. Specify “winners list” or “rules” on your request. Limit one (1) request per person, family or household. VT residents may omit return postage on rules requests.