It took me a while to write this, but here goes-
To enter the GT Academy Contest (“Contest”
, you must have a valid PlayStation®Network account, internet access, access to a PlayStation®3 computer entertainment system (“PS3™”
with a copy of Gran Turismo® 5 for the PS3 system and must be 18 years of age as of December 6, 2010.
Sponsor. The Contest sponsor is Sony Computer Entertainment America LLC, 919 E. Hillsdale Blvd 2nd Floor, Foster City, CA 94404-2175. (“Sponsor”
.
Contest Dates. Please note, due to technical and logistical factors, Sponsor reserves the right to change Contest start and end dates. See
www.us.gran-turismo.com for updated Contest dates. Any change in start or end dates from the Official Rules will be posted at
www.us.gran-turismo.com and an email will be sent to the registered contestants.
Contest Registration. Contest registration begins Monday, December 6, 2010 9:00AM EST and Contest registration ends Sunday, January 23, 2011 12:00 PM EST. (“Promotional Period”
. Each contestant must provide required contact information upon registering to participate in this Contest. Failure to provide complete and accurate information may result in disqualification of entry in Sponsor’s sole discretion. To register, visit
www.us.gran-turismo.com. contestants will be required to enter their name, age, PlayStation®Network ID, home address (to determine Regional seeding) and an e-mail address. Contestants will be filtered by state of residence into one of four regions. Region and age will be verified by affidavit before Grand Prize (National Finals) is awarded. Contestants may only register once. If a contestant registers more than once, Sponsor may disqualify some or all of that contestant’s entries.
Contest Regions. Regions are as follows:
GT Academy West:
Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, Wyoming.
GT Academy Southeast:
Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma South Carolina, Tennessee, Texas
GT Academy Midwest:
Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Missouri, Ohio, Wisconsin
GT Academy Northeast:
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, DC, West Virginia
Contest Race Round 1. Round 1 Time Trial Events begin Monday, December 20, 2010 12:00AM EST and ends on Sunday, January 23, 2011 11:59 PM EST. To enter, load Gran Turismo 5, log into your PlayStation Network account, and complete each of the three GT Academy time trial events for Race Round 1 (“Round 1 Time Trial Events”
. All contestants will compete using the same vehicles and tracks, which will be announced at the start of Race Round 1. Contestant’s score is determined by the combined lap times of each of the three Round 1 Time Trial Events. Once you complete three Round 1 Time Trial Events, your score is posted to the Contest leaderboard. Contestants may race as often as they like. If a contestant betters his or her previous fastest lap time in one of the Round 1 Time Trial Events, the new lap time for that event will be uploaded and reflected on the Contest leaderboard. It may take up to two hours for leaderboards to update or refresh. Leaderboards can be viewed from within the game and at
www.us.gran-turismo.com.
The 128 contestants with the highest scores from each Region will move on to Round 2. In the event of a tie, the contestant with the fastest time in the “Main” time trial event (deemed to be more challenging by Sponsor as tie-breaker event) will be deemed to have the higher score.
Contest Race Round 2. Round 2 Time Trial Events begins Monday, January 31, 2011 9:00AM EST and ends Sunday, February 6, 2011 11:59 PM EST. For qualifying contestants to enter, load Gran Turismo 5, log into your PlayStation Network account, and complete each of the two GT Academy time trial events for Race Round 2 (“Round 2 Time Trial Events”
. All contestants will compete using the same vehicles and tracks, which will be announced at the start of Round 2. Contestant’s score is determined by the combined race time of each of the two Round 2 Time Trial Events. Once you complete the two Round 2 Time Trial Events, your score is posted to the Contest leaderboard. Contestants may race as often as they like. If a contestant betters his or her previous fastest lap time in one of the Round 2 Time Trial Events, the new lap time for that event will be uploaded and reflected on the Contest leaderboard. It may take up to two hours for leaderboards to update or refresh. Leaderboards can be viewed from within the game and at
www.us.gran-turismo.com.
The 16 contestants with the highest scores from each Region will move on to Round 3. In the event of a tie, the contestant with the fastest time in the “Main” time trial event (deemed to be more challenging by Sponsor as tie-breaker event) will be deemed to have the higher score.
Contest Race Round 3. Round 3 Time Trial Events begin Monday February 14, 2011, 9:00AM EST and ends Sunday, February 20, 2011, 11:59PM EST. For qualifying contestants to enter, load Gran Turismo 5, log into your PlayStation Network account, and complete each of the two GT Academy time trial events for Race Round 3 (“Round 3 Time Trial Events”
. All contestants will compete using the same vehicles and tracks, which will be announced at the start of Round 3. Contestant’s score is determined by the combined race time of the two Round 3 Time Trial Events. Once you complete the two Round 3 Time Trial Events, your score is posted to the Contest leaderboard. Contestants may race as often as they like. If a contestant betters his or her previous fastest lap time in one of the Round 2 Time Trial Events, the new lap time for that event will be uploaded and reflected on the Contest leaderboard. It may take up to two hours for leaderboards to update or refresh. Leaderboards can be viewed from within the game and at
www.us.gran-turismo.com.
The eight contestants with the highest scores in Round 3 from each Region will move on to Round 4 Final Round. In the event of a tie, the contestant with the fastest time in the “Main” time trial event (deemed to be more challenging by Sponsor as tie-breaker event) will be deemed to have the higher score.
If Sponsor cannot verify a Round 3-winning contestant’s age, residency, region qualification or other factors deemed essential by Sponsor for participation in the National Finals, or if a Round 3-winning contestant is not available to attend the National Finals, Sponsor may select an alternate contestant beginning with the contestant with the next highest score in the relevant region.
If Sponsor cannot select eight qualifying contestants per region after Round 3, Sponsor may, in its sole discretion, proceed with fewer than 32 contestants in the National Finals.
Contest Race Round 4. Race Round 4 is the final round of the Contest and will take place in March 2011 (“National Finals”
. In the National Finals, contestants will be required to compete using Gran Turismo®5 with Logitech Driving Force™ GT wheel controllers. DualShock® controllers will not be allowed.
At the National Finals, the 32 contestants will be divided via a random drawing into eight groups of four contestants each. Contestants in each group will compete in three online race events in each round. Each contestant will earn points based finishing positions in each event in his or her group. Points will be awarded as follows:
6 points for placing first
3 points for placing second
1 point for placing third
0 points for placing fourth
A qualifying race before each round will determine the pole position and other start positions for the first event. Subsequent race pole positions within the same round will be determined by contestant finish position in the prior race (e.g., first-place finisher wins the pole position, second-place finisher lines up second and so forth).
After all eight groups have finished their race events, the four contestants with the fewest points among all contestants will be eliminated from the National Finals. The remaining contestants advance to the next round of the National Finals. If more than four contestants are tied for one of the four lowest points totals, contestants will be spared from elimination from the round in order of least 4th place finishes, then by most 1st and 2nd place finishes. If a tie remains after applying these tie breakers, Sponsor will determine in its sole discretion an appropriate race to break the tie.
After the first round of the National Finals, the top finisher from each group in the previous round will be eligible to placed in a group separate from other top finishers depending upon the number of groups remaining and the top finishers’ scores from the previous round. The remaining contestants will be selected at random to fill the groups so that each group has 4 contestants.
National Finals’ Rounds will be as follows:
Round 1 will have 8 groups of 4 contestants each. Bottom 4 contestants will be eliminated
Round 2 will have 7 groups of 4 contestants each. Bottom 4 contestants will be eliminated.
Round 3 will have 6 groups of 4 contestants each. Bottom 4 contestants will be eliminated.
Round 4 will have 5 groups of 4 contestants each. Bottom 4 contestants will be eliminated.
Race difficulty gradually increases per round of the National Finals, with later races being in more difficult cars and tracks. Sponsor will select the tracks, number of laps, cars, and car settings prior to start of each round.
Sponsor may have one or more race judges on site to monitor contestants during competition. The race judges (whose judgment on all race matters is final) may monitor races and may issue warnings for behaviors that violate standard rules for professional racing. Examples include:
• A slower driver that is holding another driver up can be asked to move over. Failure to comply would result in a warning.
• Any driver that is overly aggressive or hits another driver
• A driver deliberately cutting a corner
• A driver not moving over when asked
Each contestant is allowed two warnings. A contestant receiving three warnings will be disqualified from the race. Certain flagrant behaviors may also result in immediate disqualification.
At the completion of Round 4 of the National Finals, sixteen contestants remain and will eligible to be National Finals winners. These sixteen contestants are subject to background and medical screening as defined in Addendum A. If any of these sixteen contestants do not pass the background or medical screening process, Sponsor may select an alternate contestant for any winning contestant who does not pass the necessary screening process.
PRIZES
Round 1 Prizes (512 Prizes):
The top 128 contestants from each of the four Regions at the end of Round 1 will receive a Gran Turismo® download voucher code for download and play on the PSP® (PlayStation®Portable) system. Approximate retail value, $39.99. Round 1 Winners will be announced by January 30, 2011.
Round 1 Weekly Prizes:
In addition, during each of the five weeks of Round 1, Sponsor will award the following prizes. Contestant with the fastest combined Time Trial Event time on the national leaderboard will receive one Playseat Revolution (Gran Turismo Edition) racing seat (plus one (1) Logitech Driving Force GT wheel and one (1) GT5 poster (approx retail value $760.00). The contestants that finish with the second through fifth fastest combined Time Trial Event time on the national leaderboard will receive one (1) Logitech Driving Force™ GT wheel and one (1) GT5 poster (approx retail value $160.00). Contestants that finish with the sixth through twentieth fastest combined Time Trial Event time on the national leaderboard will receive one (1) GT5 poster (approx retail value $10). A contestant cannot win more than one of the same prize. For example, winner of week 1 (Playseat, Logitech wheel and poster) cannot win those prizes in subsequent weeks. If the same contestant finishes in the same winner bracket more than once in each week of competition, the prize will be awarded to the next person on the national leaderboard.
Round 2 Prizes (64 Prizes):
The top sixteen contestants from each Region at the end of Round 2 will receive a copy of Gran Turismo® 5 Collector’s Edition for the PLAYSTATION®3 system. Approximate retail value, $99.99. Round 2 winners will be announced by February 13, 2011.
Round 3 Prizes (32 Prizes):
The eight top contestants from each Region at the end of Round 3 will win a prize package that includes one roundtrip airfare to the National Finals, hotel accommodations for two nights, transportation to and from the National Finals, and a chance to race and compete to move on to GT Academy where the ultimate prize is the chance to become a real professional race driver. (Approximate retail value of trip to National Finals and accommodations is $3000.00). A National Final’s qualifying contestant’s Prize will be forfeited if that contestant is unable to travel during designated time period, or if that contestant does not return required affidavit in time to verify age and state of residency or other compliance with these Contest rules. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. All expenses and incidental travel costs not expressly stated in the package description above, including ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are contestants’ sole responsibility. If Sponsor determines that air travel is not required due to a contestant's proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors' sole discretion.
Round 4 Prizes (16 Prizes):
The top sixteen National Finals contestants who meet the Eligibility criteria described in Addendum A will win a chance to enter GT Academy.
Sponsor reserves the right to substitute prize of equal or greater value if prize is unavailable. Prizes are non-transferable. Please allow a minimum of 10 weeks for delivery of prizes and travel documentation.
WINNERS: Winners are determined by the contestant that achieves the fastest combined race time during the Time Trial Events as recorded by the game software. Contestant cannot post new times to event leaderboards until the contestant beats his or her previous fastest lap time as recorded by the game software. Lap times are ranked in order of fastest to slowest. In the event of a tie, the contestant with the fastest time in the “Main” time trial event (deemed to be more challenging by Sponsor as tie-breaker event) during each Round will be deemed the winner. All decisions regarding all matters of this Contest are at Sponsor’s discretion and are final and binding. Sponsor is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions that may limit a contestant’s ability to participate in the Contest. Sponsor reserves the right in its sole discretion to modify, cancel or suspend this Contest should disruptions, interruptions, hardware or software malfunctions, data loss or corruption, a virus, bugs or any other cause beyond Sponsor’s control compromise or corrupt the administration, security or proper play of this Contest.
ELIGIBILITY: Contest open to legal U.S. residents who are 18 years of age or older as of December 6, 2010. Winning contestants must execute and return an Affidavit of Eligibility and Release within seven days of receipt. Return of any prize or prize notification as undeliverable will result in disqualification and an alternate winner will be selected. Failure to return Affidavit of Eligibility and Release within seven days of receipt may result in Prize forfeiture. Winning contestants may be required to sign an image release acceptable to Sponsor in order to claim any Prize. Any contestant who does not meet the requirements of these Contest rules may forfeit Prizes or be disqualified from the Contest in Sponsor’s sole discretion. Unclaimed prizes may not be awarded to other contestants. No tickets or other travel documentation will be issued in the name of any contestant who has not signed required documents. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Prize is not transferable, assignable, or redeemable for cash. No substitution for the prize by the winner will be allowed. If necessary, due to unavailability of the prize for any reason, a prize of equal or greater value will be awarded at the sole discretion of the Sponsors. All Federal, state and local tax liabilities are the responsibility of a winning contestant. Acceptance of a Prize constitutes permission (except where prohibited) for the Sponsor to use the contestant’s name, likeness, biography, statements, and any other similar materials for marketing, promotional and publicity purposes without additional compensation or any limitation. Employees of the Sponsor and its parent, subsidiaries and affiliated companies and their immediate families are not eligible to participate in this Contest. Neither the Sponsors nor its affiliates, subsidiaries, division or related companies are responsible for any damages, taxes, or expenses that winners might incur as result of this sweepstakes or receipt of prize.
Winning contestants agree to release Sponsor and their respective parents, subsidiaries, agencies, divisions, and affiliates from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including property damage, personal injury or death that may occur in connection with, preparation for, travel to, or participation in the Contest, or possession, acceptance or use or misuse of prize or participation in any Contest-related activity and claims based on publicity rights, copyright or trademark infringement, defamation or invasion of privacy and merchandise delivery. Neither the Sponsor nor its affiliates, subsidiaries, division or related companies, event administrator are responsible for any damages, taxes, or expenses that winners may incur as a result of this contest or receipt of prize.
WINNERS’ NAMES: To obtain a list of winners send a stamped, self-addressed envelope to: “GT Academy” Winners List, c/o Marketing Dept. 919 E. Hillsdale Blvd., Foster City, CA 94404. Winners list requests will be fulfilled within four weeks after all prizes have been awarded. Requests for winners list must be received no later than May 1, 2011.
RESTRICTIONS: Void where prohibited or restricted by law.
Addendum A
Round 4 contestants must participate in a mandatory health screening for physical fitness and vision prior to the start of the GT Academy Boot Camp and be in good general health in accordance with Motor Sports Association (“MSA”
medical requirements (details can be found here).
Health screening may include:
• Eyesight test (with glasses or lenses if necessary). Contestants must declare color-blindness, which in extreme cases may preclude a contestant from participation in GT Academy Boot Camp.
• Body mass index and blood pressure exam, including making sure contestants are within the minimum and maximum height and weight restrictions to fit into the cars being used at the GT Academy Boot Camp.
• Free-movement of all joints and confirmation of no serious neck or head injuries.
Contestant must have a valid United States drivers license.
Contestant may not have either a Driving Under the Influence (DUI) conviction or a Driving While Intoxicated (DWI) conviction.
Contestant must not have any previous felony convictions, including a reckless driving conviction.
Contestants must not have an existing competition driving contract with any motor sports team, body, agent or management company that conflicts with his/her ability to accept the Prize.
Contestants must not have previously held a National A or superior MSA license or equivalent in another Fédération Internationale de l'Automobile (FIA) recognized ASN and not have competed in a national level Karting Championship for more than two full seasons.
GT ACADEMY CONTEST PART 2
1. ELIGIBILITY. Contest open to legal U.S. residents who are 18 years of age or older with a valid driver’s license and must provide proof of insurance. The top 16 Contestants who had made it to the top of the Orlando finals brackets and who met the Contest Eligibility of the previous Rounds of Competition criteria will win a chance to enter Nissan Gran Turismo® Academy. Besides possessing a valid driver’s license, Contestants of the Nissan Gran Turismo® Academy Round 4 must not have any prior Driving Under the Influence (DUI) and/or Driving While Intoxicated (DWI) convictions and/or previous felony convictions including Reckless Driving. Additionally, entrants must not have an existing competition driving contract with any motor sports team, body, agent or management company that conflicts with his/her ability to accept the Prize. They must not have previously held a National A or superior MSA license or equivalent in another FIA recognized ASN and not have competed in a national level Karting Championship for more than two full seasons. Lastly, Round 4 Contestants must participate in a mandatory health screening for physical fitness and vision prior to the start of the Silverstone Event and be in good general health in accordance with Motor Sports Association (“MSA”
medical requirements (details can be found here).
1. Silverstone Event (“Event”
1.1. All National Final Winners will be notified in writing by the Promoter as soon as practicable after the National Final and invited to take part in the Event (up to a seven day event which will take place at Silverstone racing circuit in the UK during the period of April, 2011. National Final Winners must claim their prize within 48 hours of the notification.
1.2. In the event that a National Final Winner does not wish to continue participating in the Promotion, or fails to claim their Prize within the relevant deadline, or is disqualified from the Promotion in accordance with the Terms and Conditions, the Promoter may at its discretion select a substitute Qualifying Entrant to become a National Final Winner. Such substitute entrant shall have participated in the same National Final as the original Qualifying Entrant and shall have passed all relevant medical tests and recorded the next fastest time trials.
1.3. The following shall be arranged for each National Final Winner:
1.3.1 Economy class return flights from an international airport of the National Final Winner;
1.3.2 Transfers to and from Silverstone racing circuit and the London airport or train station;
1.3.3 Up to 7 nights’ accommodation at the Silverstone Facility;
1.3.4 Travel insurance; and
1.3.5 Meals and refreshments during the Event.
Winners are responsible for their transport to and from their home and their nearest international airport or train station.
1.4. During the Event, National Final Winners will:
1.4.1 Receive training from Silverstone Circuits Ltd (or another comparable motor racing training provider) and their agents;
1.4.2 Compete in a series of real driving events against other National Final Winners; and
1.4.3 Take part in a number of rigorous challenges that will test their physical and mental aptitudes (including physical fitness).
1.5. An independent panel of up to 3 expert judges will be present during the Event and will evaluate each National Winner based on their performance during each driving event and challenge. The objective judging criteria to be implemented in this part of GT Academy will be explained in more detail to National Final Winners during the Event. The judges’ names shall be available on request to the Promoter.
1.6. Following completion of the Event, the judges will select the National Final Winner who has demonstrated the best overall performance and the greatest potential to become a professional racing car driver at this phase of the Competition (the “Silverstone Winner”
. Such Silverstone Winner shall win an opportunity to take part in a training program for the opportunity to drive in a to be announced 24 Hour race.
1.7. In the event that a Silverstone Winner does not wish to continue participating in the Competition, or is disqualified from the Competition in accordance with the Terms and Conditions, the Promoter may at its discretion select a substitute National Final Winner to become a Silverstone Winner. Such substitute entrant shall be the National Final Winner from the Event who passed all relevant medical tests and demonstrated the next best overall performance and potential to become a racing car driver during the Event phase of the Competition.
1.8. The name of the Silverstone Winner will be announced on the last day of the Event.
1.9. A participant may be barred from participating in any part of the driving elements of the Event if he/she does not pass the relevant medical test or is not qualified, or is disqualified, to drive a road car.
1. Training for the International Racing License
2.1 The Silverstone Winner will be invited to train with a motor racing team over a period of 7 months from July 2011 to January 2012 at the Silverstone Racing Circuit (“Training Program”
. The Training Program will comprise:
2.1.1 Test or practice sessions including kart racing.
2.1.2 Participation in between 10 and 16 MSA approved club or national motorsport events at locations in the United Kingdom. Silverstone Winners must complete each event in full and they must obtain the necessary “signature” from an MSA steward confirming their attendance before progressing to the next event.
2.1.3 A pre-determined personalized fitness plan.
2.2 Silverstone Winners must be prepared to travel to and remain in the UK for the duration of the Training Program. The following shall be arranged for each Silverstone Winner:
2.2.1 Travel to the United Kingdom
2.2.2 Accommodation
2.2.3 Basic living expenses
Winners are responsible for their transport to and from their home and their nearest international airport/train station.
2.3 Silverstone Winners shall be responsible for arranging any necessary visas/permissions to stay in the United Kingdom.
2.4 Silverstone Winners will be required to sign a motorsport related management contract with the relevant racing team or its agents before the commencement of any training. Such contract will contain a prohibition on the Silverstone Winner driving for another professional racing team during the course of the Competition. Silverstone Winners may be required to provide written confirmation from their employer (if applicable) that their employer is willing for them to participate in the Competition.
2.5 Silverstone Winners must comply with all training requirements laid down by the Promoter and/or the racing team. The provision of training is not a guarantee that a Silverstone Winner will obtain an international competition licence from the MSA and the Promoter or Nissan shall not be held liable in the event that such a licence is not granted for any reason. In the event that a Silverstone Winner is unable to obtain an international competition licence, the opportunity to race in a to be named 24 hour race shall be withdrawn and no alternative prize or opportunity will be offered.
2.6 The cost of each Silverstone Winner’s international competition licence application fee and applicable European postage fee charged by the MSA, and any entry fees to training events and races shall be covered by the Promoter or its agents, and Silverstone Winners shall be provided with all relevant racing uniform, equipment and vehicles at the various racing events.
3. The 24 Hour Race
3.1. One Silverstone Winner (based on their performance during the Training Program and subject to them having fully completed the Training Program and having obtained an international competition license from the MSA) (the “Selected License Holder”
will be invited to join a motor racing team for selected races taking place between October 2011 and January 2012 at various locations.
3.2 The following will be provided for the Selected License Holder:
3.2.1 Economy class return flights
3.2.2 Transfers between the airport, hotel and the racing circuit
3.2.3 Accommodation at a 3 star hotel or above
3.2.4 Travel insurance
3.2.5 Meals and refreshments
The Selected License Holder is responsible for their transport to and from their home and the nominated international airport.
3.3 The motor racing team and/or its agents will define the timetable and driving schedule for the Selected License Holder.
3.4 There is no guarantee that the Selected License Holder will race in the 24 hour race. This is a matter which will ultimately be decided by the motor racing team and is at their sole and absolute discretion.
General Conditions: All other Official Rules from previous Rounds (1-3) and Rounds of Competition criteria apply. Sponsor reserves the right to suspend, cancel or modify the Contest if fraud, technical failures or any other factor beyond Sponsor's control impairs the integrity of the Contest such that it cannot be conducted as originally planned, as determined by Sponsor in its sole discretion. In such event, Sponsor will make the prizes available to be won in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted on
www.us.gran-turismo.com. If Contestant does not meet the above criteria, they will be automatically disqualified and will not be eligible to win Round 4.
Should a Contestant not meet these requirements, it does not automatically disqualify the contestant from winning prizes in Round 1, or Round 2 of the contest.
1. Publicity: Except where prohibited, participation in Round 4 and acceptance of prize(s) constitutes winner's consent to Sponsor's use of winner's name, likeness, voice, biographical information and other indicia of persona for promotional/trade/publicity purposes in any media, without further notice, payment or consideration.
2. Release: By receipt of prize(s) and Contest Participation, Contestants agree to release and hold harmless, Nissan North America, Inc. and Sony Computer Entertainment America and each of their related companies, respective officers, directors, members, employees, and agents (“Released Parties”
from and against any claim or cause of action arising out of participation or attempt to participate in the Contest or acceptance, possession, receipt or use/misuse of prize(s). SPONSOR MAKES NO OTHER WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO PRIZES, INCLUDING WITHOUT LIMITATION THEIR QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. Limitations of Liability: Released Parties are not responsible for and Contestants release and hold the Released Parties harmless for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process, game play process or the Promotion; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries and/or game plays; or (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest.
4. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action, and by the United States District Court for the Middle District of Tennessee or the Tennessee State Court located in Williamson County, Tennessee and by participating, entrant expressly consents to the personal jurisdiction of such courts and waives any right of change of venue or like right; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. 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, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, 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. Contestant's Personal Information: Information collected from Contestants is subject to Sponsor’s Privacy Policy (available at
http://www.nissanusa.com/global/privacy.hmtl) and Administrator’s Privacy Policy. To have your name removed from Sponsor’s sweepstakes mailing list, write to:
Nissan North America Consumer Affairs
Attn. NissanUSA.com Privacy
P.O. Box 685003
Franklin TN 37068-5003
Or, during business hours, call 1-800-NISSAN1.
5. Motor racing is dangerous and can involve injury or death. By attending any training or racing events forming part of the Competition and/or the Prize, entrants acknowledge this and confirm that they are aware of the nature of the activity and agree to attend at any racing locations at their own risk. Neither the Promoter, Nissan and/or their respective directors, employees, affiliates, agents and/or representatives shall be responsible for any loss, damage or injury to persons or property caused or sustained by any as result of attendance at any racing location, save for liability for death or personal injury arising from any such party’s negligence or for fraudulent misrepresentation or for anything else that cannot be excluded or limited by applicable law.
6. Any entrant participating in motor racing must sign an agreement to waive liability (in so far possible by law) and may be asked to sign further liability waivers as a pre-condition of their entry into competitive motor sport events.
7. Entrants must take note of and comply with all reasonable security and health and safety regulations in place at any racing location. Each entrant participating in motor racing promises that he/she will be responsible at all times and shall behave both in relation to his/her own safety and those of others with all reasonable due care and attention. A participant may be disqualified from the Competition or the Prize, or barred from participating in any part of the driving elements of the Prize (including the National Final, the Event, the Training Program and/or the 24 Hour race), and/or refused access to, and ejected from, any racing location (at the Promoter’s discretion) if that person:
1.11.1 Behaves disruptively or in any way that creates, or is likely to create, a dangerous situation that is otherwise avoidable
1.11.2 Acts against the interests of safety
1.11.4 Behaves in a way that is likely to cause damage, nuisance or injury
1.11.4 Fails to abide by the Promoter, Nissan, the motor racing team and/or their agents' reasonable instructions
1.11.5 Is suspected to be under the influence of any substance that impairs his/her driving ability.
8. All entrants agree to comply with the terms and conditions of those of third party suppliers engaged by the Promoter or Nissan in providing any aspect of the Prize (“Third Party Suppliers”
. Entrants may be required to sign such terms and conditions of Third Party Suppliers. The Promoter and Nissan reserve the right to withdraw and/or disqualify a participant from the Competition at any time during the Competition and prohibit a participant from taking part in any further motor racing activity if he/she does not agree to sign such Third Party Suppliers’ terms and conditions or fails to abide by such terms and conditions. The Promoter and Nissan also reserve the right to notify the foregoing disqualification or withdrawal from the Competition to competent international sport authorities.
