By participating in the “Big Machine Records 2013 #KissTheBricks With BigMachineRecords.com Sweepstakes,” entrants agree to the specific rules, terms and conditions provided herein.
ELIGIBILITY AND ODDS OF WINNING:
No purchases necessary to enter. Purchase will not improve chances of winning. Contests are open to legal residents of the contiguous 48 United States and the District of Columbia who have reached the age of majority in the state of residence (18, except NE and AL 19, and MS 21), except employees of BMR or the Indianapolis Motor Speedway (“IMS”), their affiliates, subsidiaries, and successor companies, contest sponsors, advertising and promotion agencies, contest prize suppliers, participating advertisers and immediate family members of anyone so situated (collectively, with BMR, the “Contest Entities”). "Immediate family members" shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as "in-laws", or by current or past marriage, remarriage, adoption, co-habitation or other familial extension, and any other persons residing at the same household location, whether or not related. If minors are permitted to participate in the contest, a parent or guardian of any participant who is a minor at the time of entry must sign a release on behalf of the minor to be eligible to receive a prize, and BMR reserves the right to refuse to award a prize to or on behalf of a minor. The odds of winning this contest depend on the number of eligible entries received.
HOW TO ENTER:
RESTRICTIONS AND LIMITATION OF LIABILITY:
Void where prohibited by law. BMR reserves the right to cancel, terminate or modify the contest if it is not capable of completion as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any kind. The decision of the BMR is final. All federal, state and local laws and regulations apply. BMR, their subsidiaries and affiliates, their officers, directors, agents, stockholders, insurers, and employees, and their advertising and promotional agencies and sponsors assume no responsibility or liability whatsoever for damages, loss or injury resulting from participating in any contest or acceptance or use of any prize. In consideration of participation in a contest, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Entrant, on Entrant's behalf, and on behalf of Entrant's heirs, successors or assigns, administrators and personal representatives, does hereby COVENANT NOT TO SUE, FULLY RELEASE AND FOREVER DISCHARGE the Contest Entities from and against any and all actions, charges, claims, losses, costs, damages, expenses (including attorneys' fees and expenses) and liabilities of any kind or character, whether known or unknown, in connection with, arising out of or in any way related to Entrant's participation in any contest. Entrants must accurately complete all required fields or entry will be deemed invalid. BMR and its sponsors shall have no liability for any malfunction of the Internet, BMR website, local station websites or any other computer-related processor system. BMR is not responsible for any prize offered or any aspect of any contest appearing on an advertiser's web banner or hyperlink located on BMR website.
WINNER SELECTION/ NOTIFICATION:
ONE (1) Grand Prize Winner will be selected via a drawing at random by BMR on July 28, 2013. BMR will make one (1) attempt over the 2-hour period following Winner’s selection to contact the potential Winner. If a potential Winner cannot be reached during the 2-hour period in which he/she is called (no messages will be left on answering machines or voicemail systems), emailed, or direct messaged on Twitter, such potential Winner will be disqualified and an alternative Winner will be selected from among the remaining Eligible Entries received, if time permits. In addition, BMR reserves the right to select an alternative Winner in the event that a Winner fails to comply with these Official Rules.
The potential Winner and his/her guest must prove eligibility, including, without limitation, proof of age (age of majority in state of residence) and residence (contiguous 48 United States) within one (1) hour of being notified as a potential Winner. In the event of non-compliance by any potential Winner, such potential Winner shall be disqualified and all privileges otherwise due as a Winner shall be terminated and an alternative potential Winner may be chosen from among all of the remaining Eligible Entries received in BMR sole discretion. Winner must sign within one (1) hour of receipt of such documents from BMR: (a) an affidavit of eligibility and release of Contest Entities and each of their respective officers, directors, employees, agents, members, independent contractors, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, losses to any person (including death) or property of any kind, or any other harm suffered in connection with this Contest or any Contest-related activity (including travel) or the use/misuse or acceptance of any prize or any portion thereof to be eligible for the Grand Prize; (b) except where prohibited by law, a promotional release granting Contest Entities the right to use their name and likeness for advertising and publicity purpose without additional compensation; and (c) a BMR appearance release. Failure of Winner to complete, sign and return to BMR such affidavit, release and legal documentation within such one (1) hour period shall result in his/her disqualification from the Contest, in which even an alternate potential Winner may be selected in BMR sole discretion. Entry into this Contest constitutes agreement to sign such releases. Winner also must acknowledge that BMR has not and will not obtain or provide insurance of any kind relating to the Grand Prize and that Winner will be responsible for obtaining and paying for any form of insurance relating to the Grand Prize. Winner must also complete any additional legal documents provided by BMR (or third party on its behalf, if applicable) with respect to the Grand Prize and return them as instructed within the time frame specified by BMR or Winner may forfeit Grand Prize at BMR sole discretion. All decisions of BMR relating to the Contest are final. BMR expressly reserves the right to delay the announcement of the Winner for creative or technical reasons or for any other reason BMR deems necessary.
One (1) Grand Prize will be awarded to one (1) entrant selected as the Grand Prize Winner. Winner will receive: two (2) post-race passes and the opportunity to be photographed kissing the bricks at the Yard of Bricks at Indianapolis Motor Speedway immediately following the 2013 Brickyard 400 (to be held July 28, 2013). The prize will include:
- Two (2) post-race passes to access the Yard of Bricks immediately following the 2013 Brickyard 400.
- Photograph opportunity of Grand Prize Winner and Guest kissing the bricks at the Yard of Bricks
The approximate retail value (“ARV”) of the Grand Prize is $500.00 and is subject to change based on current market conditions at the time of the related Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded. No substitution, transfer or cash equivalent permitted. The value of the Grand Prize will be taxable to the Grand Prize Winner as income. The Grand Prize Winner must provide BMR with a valid Social Security number before the Grand Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of the Grand Prize Winner for the actual value of the Grand Prize received. The Grand Prize is awarded “as is” with no warranty or guarantee, either express or implied by the Contest Entities. All Grand Prize details are at the sole discretion of the Contest Entities. Grand Prize Winner cannot assign or transfer the Grand Prize to another person. If the Winner is not available to claim prize on the date and time specified by BMR in its sole discretion, Winner privileges and Prize will be terminated and an alternative Winner will be selected from the remaining Eligible Entries if time permits. If for any reason any Prize related event is delayed, cancelled or postponed, Contest Entities reserve the right, but is not obligated, to cancel or modify the Contest in its discretion and shall award a substitute prize of equal or greater value, which may include, but is not limited to, a cash prize equivalent to the ARV of the Prize as set forth in these Official Rules.
DISQUALIFICATION AND PENALTIES:
All participants agree to be bound by these rules. BMR, in its sole discretion, further reserves the right to disqualify any person for (i) violating any of these rules, (ii) tampering with the entry process or the operation of the BMR website, (iii) gaining an unfair advantage in participating in the contest, (iv) obtaining winner status using fraudulent means, or (v) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior. Furthermore, any resale or auction or attempt to resell or auction of BMR complimentary prizes, if any, will result in disqualification for all future BMR contests. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, BMR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Unless prohibited by law, participation constitutes permission for BMR and contest sponsors, without any further obligation to the contest participant, to use participant's name, voice, video footage, biographical data and likeness for promotional purposes.
ADDITIONAL TERMS AND CONDITIONS:
These rules apply to all BMR sponsored contests unless modified or superceded by rules written for a specific contest, or if inapplicable for such a promotion or contest. In the event any specific contest rule conflicts with any of the general rules provided above, the specific contest rules prevail. BMR reserves the right in its sole discretion to supplement or make changes to the rules of any contest at any time without notice. BMR reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants. BMR shall not be responsible for any administrative errors involved in the execution of any contest. THE STATE AND FEDERAL COURTS LOCATED IN NASHVILLE, DAVIDSON COUNTY, TENNESSEE SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THIS CONTEST AND THE LAWS OF THE STATE OF NEW TENNESSEE SHALL GOVERN THIS CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
SPONSORS: Big Machine Records, 1219 16th Avenue South, Nashville, TN 37212 and Indianapolis Motor Speedway, 4790 West 16th Street, Indianapolis, IN 46222.
PRIZE PROVIDER: Big Machine Records, 1219 16th Avenue South, Nashville, TN 37212 and Indianapolis Motor Speedway, 4790 West 16th Street, Indianapolis, IN 46222.
REQUESTS FOR NAME OF GRAND PRIZE WINNER AND OFFICIAL RULES: For a copy of the Official Rules or for the name of the Grand Prize Winner, send a self-addressed, stamped envelope to Big Machine Records, LLC, Attn: “2013 #KissTheBricks With BigMachineRecords.com Sweepstakes,” 1219 16th Avenue South, Nashville, TN 37212.