|2010 #11 Hauler|
2011 Terms and Conditions - Official Rules
Eligibility: The FedEx Track the #11 Hauler weekly Sweepstakes (the "Sweepstakes") as may be conducted weekly as further described below is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of FedEx Corporate Services, Inc., Team Epic and each of their respective parent and affiliate companies as well as their respective immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter or participate. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules, entrant's confirmation they are eligible to participate pursuant to these Official Rules, and entrant's agreement that the Administrator's decisions are final and binding in all matters related to the Sweepstakes. Being awarded a prize is contingent upon the entrant being determined a winner and fulfilling all conditions and requirements set forth in these Rules
Sponsor and Administrator (hereinafter "Administrator"): FedEx Corporate Services, Inc., 3630 Hacks Cross Road, Building D, Memphis, TN 38125.
Timing: These Official Rules apply to each weekly Sweepstakes, as may be conducted by FedEx, with the first Sweepstakes beginning on February 15, 2010 at 5:00 p.m. Eastern Time ("ET") and ending on February 22, 2011 at 11:59 p.m. ET. Thereafter, each subsequent weekly Sweepstakes, which may be offered by FedEx at its discretion, will begin at 12:00 a.m. ET on Tuesday of each such following week and ending at 11:59 p.m. ET, the Monday following such Tuesday. In no event will a weekly Sweepstakes be offered beyond 11:59 p.m. ET November 22, 2011. FedEx reserves the right to discontinue offering any further weekly Sweepstakes following the completion of any prior weekly Sweepstakes. Each weekly Sweepstakes constitutes one complete Sweepstakes. This promotion is not a continuous sweepstakes from February 15, through November 22, 2010. FedEx is the official time-keeper for the Sweepstakes.
How to Enter: To enter a weekly Sweepstakes, eligible entrants must visit fedex.com, or other url designated by FedEx, and provide the entrant's name, address and email address, and agree to these Official Rules. P.O. Box addresses are not acceptable. Successful entrants will automatically receive one (1) entry into that week's Sweepstakes. Limit: Each entrant may enter one (1) time per day during each weekly Sweepstakes. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries, in any manner, including without limitation, including by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void all that entrant's entries and that entrant may be disqualified from that week's Sweepstakes, and further weekly Sweepstakes, at the discretion of the Administrator. Use of any automated system to participate is prohibited and may result in disqualification from that week's Sweepstakes, and any further weekly Sweepstakes at the discretion of the Administrator. In the event of a dispute as to any entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Sponsor may, at its option, require satisfactory proof of email account ownership. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned.
Drawings: The Administrator's decisions regarding the administration and operation of each Sweepstakes and the selection of the potential winners for each Sweepstakes are final and binding. Administrator will conduct a random drawing to determine each week's potential Sweepstakes winners from all eligible entries received during each such weekly Sweepstakes conducted. Each drawing will be conducted on or before 12:00 noon ET on the Tuesday immediately following the Sweepstakes for which the drawing is being conducted. Each potential winner will be notified by email or phone. The failure of winner(s) to receive the email or phone call shall not be the fault of the Administrator and shall result in the prize not being awarded to such potential winner(s). Each potential winner (or parent/legal guardian if winner is a minor e.g., above the age of 18, but nevertheless a minor under state law in his/her state of residence) will be required to sign and return to Administrator, within ten (10) days of the date notice or attempted notice is sent or made, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his or her prize. If a potential winner cannot be contacted, fails to sign and return the Affidavit, or the Affidavit is not received by Sponsor within the required time period for whatever reason (if applicable), or prize or prize notification is not received by the potential winner or is returned as undelivered, in either event for whatever reason, the potential winner forfeits the potential to win a prize. Potential winners must continue to comply with all terms and conditions of these Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason. Administrator will attempt to contact the potential winner 3 times, and if unsuccessful, an alternate winner will be selected, Administrator will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded if the winners cannot be located. Prizes will be fulfilled approximately 2-4 weeks after the conclusion of each weekly prize drawing.
Prizes: Three (3) winners will be selected for each weekly Sweepstakes conducted by Sponsor and prizes will be awarded as follows:
Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Team Epic and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
Publicity: : Except where prohibited, participation in the Sweepstakes constitutes each winner's consent to Administrator's and its agents' use of winner's name and address for promotional purposes in any media, worldwide, without further payment or consideration.
General Conditions: Administrator reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Administrator's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Administrator in its sole discretion. Administrator reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to discontinue offering any further weekly Sweepstakes following the completion of any prior weekly Sweepstakes.
Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undelivered, damaged or stolen mail or email; (5) the inability to make contact with a potential winner; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in a Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Administrator, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Tennessee (Western Division in Memphis)) or the appropriate Tennessee State Court located in Shelby County, Tennessee; (2) 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 no greater than $100; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Administrator in connection with any Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules (whether of the State of Tennessee or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Tennessee.
Winner List: Winner List requests will only be accepted after November 22, 2011 and no later than December 31, 2011. For the Winner List, send an email with subject line: "The FedEx Track the #11 Hauler Sweepstakes, Winner List Request," to Eric.Ginsberg@anepiccompany.com.