General Contest and Promotion Rules
Last Updated: April 1 2015
Here at RaceEverywhere.com ("Company", "Sponsor", we", "us" or "our"), we require all who enter or participate in any of our contests or promotions (collectively the "Promotions" and individual a "Promotion") to observe the following General Contest and Promotion Rules (the "General Rules"). In addition to these General Rules, there may be specific rules unique to a Promotion (the "Specific Rules", collectively the General Rules and Specific Rules shall be referred to herein as the "Rules"). Specific Rules (if any) will be explicitly stated in the e-mail, advertisement, article or other communication to which such Promotion is associated. In the case of a direct conflict between the General Rules and the Specific Rules for any Promotion, the Specific Rules will control for that Promotion only. If you participate in a Promotion, you ("Contestant") agree to comply with and be bound by these Rules.
Sponsor: The sponsor of the Promotions is Race Everywhere LLC, an Arizona limited liability company, with offices at 9450 SW Gemini Dr #41179, Beaverton, OR 97008-7105. All questions regarding the Promotions should be directed by e-mail to INSERT EMAIL ADDRESS.
Facebook: For any Promotion that is conducted on Sponsor's Facebook page, Contestant acknowledges that such Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. CONTESTANT HEREBY RELEASES FACEBOOK AND ITS PRESENT AND FORMER PARTNERS, PRINCIPALS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIM, LIABILITY, DAMAGES, FEES, EXPENSES, AND COSTS (INCLUDING ATTORNEYS' FEES) THAT ARISE FROM, RESULTING FROM OR RELATED TO SUCH PROMOTION.
No purchase necessary: No purchase or payment is necessary to participate in the Promotions or win.
Jurisdictions: Each Promotion is restricted to permanent, legal United States residents who, unless set forth otherwise in the applicable Specific Rules, are physically residing in one of the 50 U.S. states or the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories). Each Promotion is void where any aspect of the Promotion is prohibited by law or where registration, bonding or translation is required.
General Objectives of All Promotions: To recognize loyal users of our website and promote racing events.
Participation/Eligibility: In addition to any eligibility requirements set forth in the Specific Rules for the Promotion, the following eligibility requirements apply to all Promotions:
- Entries must be submitted within the time period for the Promotion as specified in the Specific Rules (the "Promotion Period").
- Each Contestant must maintain a valid RaceEverywhere.com user account and complete the necessary entry requirements for the Promotion as specified in the Specific Rules (collectively, the "Entry"). Not all Promotions will require completion of a dedicated "entry form." For example, an Entry to a Promotion may be simply submitting a certain number of Race Reports that satisfy the Rules for the Promotion. If Contestant successfully completes the required number of Race Reports within the Promotion Period in accordance with the Rules, the Contestant will automatically receive an Entry into the Promotion.
- Each Contestant must completely and accurately fill out all the mandatory Entry requirements in compliance with the terms of the Rules before the end of the Promotion Period. No Entry will be accepted after the end of the Promotion Period.
- If a Promotion requires the Contestant to provide any content to the RaceEverywhere.com website or the Company's Facebook page as part of the Entry (e.g. photos, Race Reports, RaceTips, etc…), the Company will not accept any uploaded material which Company, in its sole discretion and without notice to you, determines is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable. Should any material required for an Entry that is uploaded by a Contestant not be accepted by Company, such Entry will be deemed invalid and the Contestant shall not be entered into the Promotion.
- For Promotions that require the entry of Race Reports by Contestants, the following rules apply for the Race Report to qualify as an acceptable part of the Entry:
- The Race Report must be for an event that is currently active at the time of the Promotion Period. Race Reports for events that are not active (for example, they have been cancelled and, at the time of the Promotion, are not anticipated to be held again) will not be counted toward the Entry.
- The Race Reports must be for races the Contestants completed themselves within the five year period immediately prior to the first day of the Promotion Period. Race Reports for races completed prior to this time period will not be counted toward the Entry.
- The Race Report must be completely filled out, with all fields completed at the time of initial submission. Incomplete Race Reports will not be counted toward the Entry.
- If Contestant desires to submit a Race Report for an event that is not listed on our website, Contestant must contact Sponsor at RaceMaster@raceeverywhere.com. Sponsor, in its sole discretion, will promptly decide whether to add the requested event to the website. Should Sponsor add the event, any Race Report submitted for the newly added event that is compliant with the Rules will be counted toward the Entry.
- For Promotions on the Company’s Facebook page, Contestants must have a registered valid Facebook account.
- Unless set forth otherwise in the Specific Rules, there is a limit of one Entry per Contestant. Any attempt by a Contestant to obtain multiple entries will be grounds for disqualification. For the avoidance of any doubt for Promotions that require submission of Race Reports, one Entry is defined as when the Contestant completes (in addition to all other Rule requirements) the specified number of Race Reports. Should the Contestant submit additional Race Reports during the same Promotion, the Contestant will not receive a second Entry. However, these additional Race Reports will not be grounds for disqualification unless the Contestant attempted to hide her prior entry (such as by opening multiple RaceEverywhere.com user accounts).
- Employees, marketing consultants, independent contractors, officers, and managers of Sponsor, its advertising, promotion, and fulfillment agencies, and legal advisors, and the immediate family members and persons living in the same household of such persons, are not eligible to win a prize in the Promotions.
- Payment of cash, discounts or services in exchange for entries is prohibited.
- Mass broadcasts via email, phone or fax soliciting entries for Promotions that depend on which Entry receives the highest approvals/votes is prohibited.
- Participation or encouragement in “entry fraud” of any kind, which includes any inorganic method to generate entries either by machine or human, is prohibited. (For instance, Amazon Mechanical Turk, scripts, use of anonymity services, etc.)
To enforce these conditions, the Company may monitor the entries and look for unnatural Entry patterns that appear suspicious and disqualify Contestants if the Company suspects that entries are being obtained by prohibited means. The Company reserves the right, but is not obligated, to review, reject and/or remove Entries at any time as it deems appropriate in its sole discretion.
Determination of Winners: Winners will be determined as set forth in the Specific Rules. Unless set forth differently in the Specific Rules, winners will be notified by email to the email addresses provided with their Race Everywhere user accounts within ten (10) business days following the end of the applicable Promotion Period and must respond accepting their prizes within the time period specified in the notification email. If the email address for your Race Everywhere user account is not valid or if Race Everywhere does not receive your acceptance of the prize within the time period specified, the prize will be forfeited and an alternative winner will be selected. For the winners list for any Promotion, send either a written request or email request to Sponsor at the address set forth above. Be sure to specify the specific Promotion you would like to receive the winner list for in your request. All decisions by Sponsor are final and binding in all matters relating to this Promotion.
Prizes and Limitation on Prizes: Number of winners, prize and the approximate retail value of the prizes are set forth in the Specific Rules. Each winner is solely responsible for all expenses, costs or fees associated with transportation and acceptance and/or use of the prize, including without limitation, any and all taxes (if any). There is a limit of one prize per person for each Promotion and prizes may not be redeemed for cash.
Limit of Liability: SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION; OR (V) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION OR ALTER THE RULES FOR ANY REASONABLE REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTIONS.
Release: CONTESTANT RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND ITS AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, PARTNERS AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES (INCLUDING INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ANY ENTRY SUBMITTED BY CONTESTANT; (II) ENTERING AND PARTICIPATING IN THE PROMOTIONS; (III) ACCEPTING OR USING ANY PRIZE; AND/OR (IV) SPONSOR'S USE OF THE CONTESTANT'S CONTENT. HOWEVER, NOTHING IN THESE RULES SHALL LIMIT SPONSOR'S LIABILITY UNDER ANY CATEGORY OF LIABILITY WHICH UNDER THE LAW OF A CONTESTANT'S JURISDICTION CANNOT LAWFULLY BE LIMITED.
Governing Law: The Promotions and the rights and obligations of Sponsor and Contestants will be governed by and controlled by the laws of the State of Arizona, United States of America, applicable to contracts made and performed entirely therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of Arizona, Maricopa County. The parties consent to the jurisdiction of the state courts of Arizona and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Promotions.
Other Rules and Regulations: Contestants must abide by rules and regulations of all other networks used during the Promotions including Facebook (if applicable). Sponsor reserves the right to change the Rules as reasonably needed at any time. All Contestants will be notified of these changes by email to the email associated with their RaceEverywhere.com user accounts.