OFFICIAL CONTEST RULES ("OFFICIAL RULES").
NO PURCHASE NECESSARY TO ENTER OR WIN.
THIS CONTEST IS OPEN ONLY TO WOMEN WHO ARE LEGAL RESIDENTS OF THE FIFTY UNITED STATES (EXCEPT AS SET FORTH BELOW) AND THE DISTRICT OF COLUMBIA, WHO ARE 21 YEARS OF AGE OR OLDER.
CONTEST VOID IN NEW YORK, FLORIDA, AND RHODE ISLAND AND U.S. TERRITORIES AND POSSESSIONS (INCLUDING PUERTO RICO) AND WHERE PROHIBITED.
ELIGIBILITY: The General Tire Miss Mint 400 Contest (the "Contest") is open only to women who are legal residents of the fifty (50) United States and the District of Columbia, twenty-one (21) years of age and older as of January 14, 2010. Void in New York, Florida, and Rhode Island, and U.S. territories and possessions (including Puerto Rico) and where prohibited. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses, regardless of where they reside), and their respective household members, whether or not related, of Continental Tire North America, Inc. ("Sponsor") are not eligible to enter or win. Contest is subject to all applicable federal, state, and local laws. U.S. law governs this Contest.
CONTEST PERIOD/PHASES: The Contest consists of four phases:
Entry Period. The entry period begins at 12:00:01 AM ET on January 14, 2010 and ends at 11:59:59 PM ET on February 8, 2010 ("Entry Period").
Public Voting. The public voting period begins on or about 12:00:01 AM ET on February 15, 2010 and ends on or about March 15, 2010 ("Voting Period").
Finalist Selection. The judging period to select three (3) finalists ("Finalists") starts on or about 12:00:01 AM ET on March 16, 2010 and ends on or about 11:59:59 PM ET March 17, 2010.
Grand Prize Winner Selection. The judging period to select the single grand prize winner ("Grand Prize Winner") from the three (3) Finalists starts on or about March 24, 2010 and ends on or about March 25, 2010.
CONTEST DESCRIPTION: The Contest is a contest of skill to market and model for the Mint 400 race ("Theme"). Entries must only be submitted via the online method described below. The three (3) entries with the highest scores as determined by the judges in their sole discretion will be deemed the Finalists. The Finalists will then be judged in person in a second round of judging, and the Finalist with the highest score as determined by the judges in their sole discretion will be selected as the Grand Prize Winner, all subject to verification of eligibility and compliance with these Official Rules. The Finalists and Grand Prize Winner will be required to comply with the additional requirements set forth in Section 9. All eligible entries received will also be posted at www.generaltire.com following submission, where they will be voted on by visitors to www.generaltire.com. Each person who enters the Contest fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the judges and Sponsor, which shall be final and binding in all respects. All eligible entries received will be judged by a panel of judges based on the criteria set forth in Section 6.
HOW TO ENTER: To participate in the Contest, entrants must upload two (2) photos of themselves, one head shot and one full body shot. Photos must be in jpg format. The photos must be no more than six (6) months old. The entrants must not be in swimming suits or see-through clothing in the photos, and the photos must not contain any nudity or be obscene, lewd or offensive and content must be suitable for the general public. To submit the photos, entrant must be a female who is a legal resident of the U.S., twenty-one (21) years of age or older. To submit photos, entrants must go to www.generaltire.com, click on the "Miss Mint 400" link, and upload their photo submission along with other identifying information (including name, age, occupation, address, email address, and phone number) during the Entry Period. The photos ("Entries") must be received during the Entry Period to be eligible. Each Entry becomes the property of the Sponsor and will not be acknowledged or returned. Each entrant may submit only one head shot and one full body shot. Entries submitted in any other form, including via U.S. Mail or hand delivery will not be considered.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant who enters this Contest represents and warrants to Sponsor as follows: (i) the photos depict the entrant; (ii) the entrant is not in any way prohibited from participating in this Contest or performing the obligations set forth in these Official Rules, including but not limited to being a party to any contract or agreement which in any way restricts entrant's ability to participate in the Contest; (iii) the entrant has all rights necessary to submit the photos, and the photos neither infringe upon nor violate the intellectual property rights or other rights of any other person or entity; and (iv) the photos do not and will not violate any applicable laws, and are not and will not be defamatory, libelous, pornographic, or obscene. Entrants understand that their photos will be posted to a website for public viewing/voting and each entrant hereby agrees to indemnify and hold the Releasees (as defined below) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. Any photos that include likenesses of third parties are prohibited and such entrants will be disqualified. If any photos contain elements not owned by the entrant (such as, but not limited to depictions of buildings, trademarks, logos or copyrighted material), the entrant must be able to provide legal releases for such use (including Sponsor's use) of such photos, in a form satisfactory to Sponsor, or the entry will be disqualified.
WINNER DETERMINATION: During the Voting Period, the public will vote at the www.generaltire.com website on the entries based on the following suggested criteria: relevance to Theme - 40%; ability to promote Sponsor's products - 40%; general appeal as an autosports model - 20%. Each member of the public may vote for up to three (3) different entries. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process will be void. All eligible entries received will then be judged by a panel of judges from Sponsor's organization using the following criteria to determine the three (3) Finalists: relevance to theme - 35%; ability to promote Sponsor's products - 35%; general appeal as an autosports model - 15%; number of public votes - 15%. The three (3) highest scoring entrants, as determined by the judges in their sole discretion, will be declared Finalists, subject to verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. The three (3) Finalists will then be judged in person by a panel of judges from Sponsor's organization at the Mint 400 event using the following criteria to determine the Grand Prize Winner: relevance to Theme - 25%; ability to promote Sponsor's products - 25%; general appeal as an autosports model - 25%; friendliness and demeanor - 25%. All determinations shall be final and binding. In the event of a tie, the entries or Finalists involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate entries according to criteria listed above to determine the Finalists or Grand Prize Winner, as applicable. Sponsor reserves the right to not award the Finalists or a Grand Prize Winner if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
WINNER NOTIFICATION: Potential Finalists will be notified by email and/or telephone and/or overnight or U.S. mail on or about March 18, 2010. Potential winners will be required to execute an affidavit of eligibility and liability release and, where legal, a publicity release, and a Federal and State tax release, and return same, properly executed, within five (5) days of date of issuance. Failure to return documents as specified, or if any notification is returned as undeliverable, or a potential winner is not in compliance with these Official Rules, will result in disqualification and, at Sponsor's discretion, an applicable runner-up may be notified. The Grand Prize Winner will be notified at the Miss Mint 400 crowning event on March 25, 2010.
PRIZES: Three Finalists: The three (3) Finalists will each receive roundtrip airfare to Las Vegas, Nevada from anywhere in the 48 continental United States and hotel accommodations, meals and transportation for two (2) nights in Las Vegas; provided that if a Finalist is currently living or residing in Las Vegas, such Finalist shall be responsible for arranging her own transportation. One Grand Prize Winner: The Grand Prize Winner will be crowned Miss Mint 400 and receive an additional two (2) nights of hotel accommodations in Las Vegas (including meals and transportation), $1,500, and a photo shoot arranged by Sponsor. The Grand Prize Winner will also receive roundtrip airfare to Las Vegas, Nevada from anywhere in the 48 continental United States and hotel accommodations, meals and transportation for four (4) nights to attend the 2011 Miss Mint 400 event. Prizes are non-transferable and no substitutions permitted, except in Sponsor's sole discretion, who reserves the right to substitute a prize of comparable or greater value. All taxes associated with prize acceptance and use are the sole responsibility of the winner. Limit one (1) prize per person/email address/household. The approximate retail value of the prizes is as follows: Finalists, $600 each; Grande Prize Winner, an additional $3,660. The total approximate retail value of all prizes is $5,460.
REQUIREMENTS FOR FINALISTS AND GRAND PRIZE WINNER: If an entrant is selected as a Finalist, such entrant must attend the Miss Mint 400 crowning event on March 25, 2010 in Las Vegas, as well as related promotional events as determined by Sponsor. If an entrant is selected as the Grand Prize Winner, such entrant must attend the Mint 400 event and any other promotional events related to the Mint 400 event as required by Sponsor (including but not limited attending the 2011 Miss Mint 400 event to pass the crown to the 2011 Miss Mint 400 winner), and cooperate fully in promoting the Mint 400 event. If an entrant is unable to or fails to attend any of these events, Sponsor may revoke any and all prizes and select an alternate Finalist or Grand Prize Winner, as applicable.
GENERAL CONDITIONS: Any attempt by an entrant or any other individual to deliberately damage any online service or web site, or otherwise undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Contest 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, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to disqualify any suspect entry or vote or entrant or voter and to cancel, terminate, modify or suspend the Contest and/or determine the winner(s) for the portion at issue from among all eligible, non-suspect entries or votes (as applicable) received as of the date of the termination using the judging procedures outlined above, as Sponsor determines in its sole discretion. Entries/votes not complying with all rules are subject to disqualification. No correspondence regarding entries will be entered into with entrants other than the potential winners. Sponsor reserves the right to disqualify entrants/voters who violate these rules, or interfere with this Contest in any manner and void all associated entries/votes. Sponsor reserves the right to not post or to remove any photo uploaded to www.generaltire.com that Sponsor deems, in its sole discretion, infringes on any third party's copyright, or is inappropriate or obscene and reserves the right to disqualify entrant who submitted such photo. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant's eligibility to participate in the Contest.
OWNERSHIP OF ENTRIES. By entering, each entrant unconditionally assigns and transfers to Sponsor all rights, title, and interest in and to the submitted photos, the photos resulting from the photo shoot described in Section 8, and any other photos or video taken as part of the Contest, including, without limitation, the copyright therein. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the photos or videos for any purpose which Sponsor deems necessary or desirable in any and all media now or hereafter devised worldwide without limitation and without further compensation, notification or permission from entrant or any third party, and each entrant irrevocably waives any and all so-called moral rights they may have in the photos or videos. Each entrant agrees that Sponsor may, without any limitation or further compensation, use her name or photo, and each Finalist agrees that Sponsor may use her name, photo, video, including voice and/or likeness in any and all media now or hereafter devised worldwide without limitation and without further compensation, notification or permission from entrant for the purpose of advertising and promoting the Sponsor's website, products, the Contest, or any other promotion, contest or sweepstakes sponsored by the Releasees. Neither entrants nor winner shall be entitled to receive any compensation or credit for use of entries, other than that disclosed in these Official Rules.
FURTHER DOCUMENTATION. If Sponsor shall desire to secure additional assignments, certificates of engagement for the photos or other documents as Sponsor may reasonably require in order to effectuate the rights granted herein, then each entrant agrees to timely execute the same upon Sponsor's request therefor.
NATURE OF RELATIONSHIP. Each entrant hereby acknowledges and agrees that the relationship between the entrant and Sponsor is not a confidential, fiduciary, or other special relationship. Each entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the photos.
RELEASE: Neither Continental Tire North America, Inc., nor its parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, or travel agents or their respective officers, directors, shareholders and employees (collectively "Releasees") nor any telephone network or service providers or hosting environment shall have liability and shall be held harmless for any damage, loss or injury to an entrant or any third party resulting from participation in this Contest or for the use or misuse of any prize or Releasees' use of any rights granted herein; or for incorrect or inaccurate transcription of entry information, or for any human or other error, 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 or editing of an entrant's submission or any injury or damage to a entrant's or any other person's computer related to or resulting from participation in this Contest, or for any injury to person or property, arising from the entrant's participation in this Contest or any Contest-related activity or from the acceptance, receipt, possession, use or misuse of any prize won. Releasees are not responsible for lost, late, garbled, damaged, delayed, incorrect, illegible or misdirected entries, votes, photos or registrations or for any other errors or problems of any kind relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the posting of photos, the processing or judging of entries, the tabulating of votes, the announcement of the prizes or in any Contest-related materials. Releasees are not responsible for any sexual harassment or other unwanted attention received by entrant by any third party as a result of the Contest. The limitations of liability set forth above are comprehensive limitations of liability that apply to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss of damage to property; and claims of third parties. Entrants agree that Sponsor has not made nor is in any manner responsible or liable for any warranty, representation or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Contest.
DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
WINNERS LIST: For the names of the winners or a copy of these Official Rules send a self-addressed stamped envelope to: Miss Mint 400 Winners List, P.O. Box 5000, Fort Mill, SC 29716. All requests must be received by March 31, 2010. Winners' names may also be posted on www.generaltire.com.
SPONSOR: The address of the Sponsor of this Contest is 1830 MacMillan Park Drive, Fort Mill, SC 29707.