Amended January 23, 2009
THE FOLLOWING SWEEPSTAKES PROMOTION IS INTENDED FOR VIEWING AND PARTICIPATION ONLY IN THE UNITED STATES AND WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE FEDERAL AND STATE LAWS OF THE UNITED STATES. PLEASE DO NOT PROCEED IN THIS SWEEPSTAKES IF YOU ARE NOT A RESIDENT OF, AND CURRENTLY RESIDING IN, THOSE JURISDICTIONS WITHIN THE UNITED STATES THAT ARE SET FORTH BELOW.
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. SWEEPSTAKES PERIOD. The Skip Barber Racing School Introduction to Racing Monthly Sweepstakes (“Sweepstakes”) begins at 12:00:01 a.m. Eastern Time (“ET”) on January 1, 2009 and ends at 11:59:59 p.m. ET on December 31, 2009 (“Sweepstakes Period”). The Sweepstakes Period may be extended by future Amendment to these Official Rules & Regulations (the “Rules”).
3. TWO WAYS TO ENTER. (a) ONLINE: Individuals may enter the Sweepstakes online by going to the www.skipbarber.com website (“Website”) at anytime during the Sweepstakes Period. Once on the Website, individuals should click on the icon corresponding to the Win a Free Introduction to Racing home page and complete the online entry form (“Online Entry Form”) as directed. You will be automatically entered when you properly submit your registration entry on skipbarber.com. Limit one (1) Online Entry Form per person/e-mail address per day. Online Entry Forms must be manually key-stroked. Use of automated entry devices or programs is prohibited and all such entries will be void. No payment to or purchase from Skip Barber Racing School is required in order to enter. (b) POST CARDS: An Individual may also enter the Sweepstakes by sending a post card which must display his or her name, complete mailing address, telephone number, and email address, and mailing it with proper postage affixed, to: Skip Barber Sweepstakes, P.O. Box 1629, Lakeville, CT 06039. All post cards in order to be entered must be: (i) postmarked no later than December 31, 2009; (ii) received no later than January 12, 2010; (iii) hand-printed; and (iv) mailed separately. Limit one (1) Entry Form per person. No payment to or purchase from Skip Barber Racing School is required in order to enter. (c) VOID ENTRIES: All online and post card entries which are altered, automated, copied, forged, illegible, mutilated, reproduced, and all other entries that violate and/or attempt to violate or circumvent these Official Rules & Regulations, will not be allowed and all such entries will be void. (d) All entries become the property of Skip Barber Racing School LLC upon receipt and will not be returned.
4. PRIZE: (a) EACH PRIZE WILL CONSIST OF PARTICIPATION OF THE WINNER IN ONE (1) SKIP BARBER INTRODUCTION TO RACING PROGRAM; winner may choose either the open-wheel Formula Skip Barber or the Skip Barber Mazda MX-5 race car Intro program, and may choose any location and date at which such program is available. During the Sweepstakes Period, a total of ten winners will be selected during the Sweepstakes Period to receive the Prize described below. THE ODDS OF WINNING DEPEND UPON THE NUMBER OF VALID ENTRIES RECEIVED FROM THE COMMENCEMENT OF THE SWEEPSTAKES PERIOD TO THE DATE OF EACH DRAWING. The Prize consists only of participation in such program, and does not include any of winner’s travel or other expenses or arrangements. All other expenses or charges incurred on the trip will be the sole responsibility of the Winner. In addition, all taxes and other financial obligations related to winning and claiming the Prize will be the sole responsibility of the winner including, but not limited to federal, state and local taxes. THE RETAIL VALUE (“ARV”) OF THE PRIZE IS $599. As a condition to participation in the Skip Barber Introduction to Racing program, the winner will be required to abide by all of the terms and conditions applicable to all participants, and prior to participation will be required to sign Skip Barber’s standard Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, and any similar agreement which may be required by the race track at which the program takes place.
(b) Other than the Prizes described above, no other prizes of any kind will be awarded in the Sweepstakes. Each Prize will be awarded to an individual and will not be transferable. If all or part of a Prize or Prizes cannot be awarded as described, for whatever reason, Sponsor will have the right, in its sole discretion, to substitute another prize, or partial prize, of comparable value or a cash equivalent. Except as otherwise stated herein, no substitutions or cash alternatives will be allowed except at the sole discretion of Skip Barber Racing School LLC. Each Winner will be issued an IRS Tax Form 1099 stating the value of the Prize for tax filing purposes.
5. ELIGIBILITY: (a) Sweepstakes is open to legal residents of the 50 states within the United States and to legal residents of the District of Columbia who, at the time the Prize activities commence, are: (i) at least 18 years old; (ii) licensed drivers possessing a valid driver’s license; (iii) able to drive a manual transmission automobile; (iv) no taller than 6’4”; (v) no more than 240 pounds in weight; and (vi) in good health with no known restrictions that would prevent them from participating in any Prize activities. The Sweepstakes is void in all territories or possessions of the United States not listed above; all foreign jurisdictions; and all other states or other areas where prohibited or restricted by law.
(b) Employees of and independent contractors of Skip Barber Racing School LLC and their immediate family and household members (e.g., spouse, parents, grandparents, siblings, children and co-habitants) are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws.
6. GENERAL CONDITIONS: Skip Barber Racing School LLC reserves the right, in its sole discretion, to: (a) cancel, modify, suspend, terminate and/or postpone the Sweepstakes if factors beyond its reasonable control (e.g., fraud; force majeure events; newly enacted legislation; systems malfunctions, failure or difficulties) materially alters, impairs or prevents the administration, conduct, operation, or security of the Sweepstakes; (b) disqualify any individual who tampers with or disrupts the administration, conduct, operation, security of the Sweepstakes or otherwise acts in violation of these Rules; and/or (c) select potential winners from all eligible entries received prior to any termination of the Sweepstakes. Any attempt by any individual(s) to tamper with the administration, conduct, operation, or security of the Sweepstakes may be a violation of criminal and/or civil law. Should such an attempt be made, Sponsor reserves the right to seek damages from such individual(s) to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of these rights.
7. DRAWING & REQUIREMENTS OF POTENTIAL WINNERS: (a) within 30 days after the end of each month from January through December 2009, one winner will be selected by random drawing from all valid entries received from the beginning of the Sweepstakes Period through the last day of each such month, for a total of twelve (12) winners. The selection will be final and binding. Entrants need not be present at any drawing to win.
8. AWARDING OF PRIZES: (a) Each potential Prize winner will be notified by registered mail, phone, or e-mail within 5 days after the drawing. In order to receive the Prize, the potential winner must within ten days after receipt execute the Skip Barber form of Affidavit of Eligibility, Liability Release and a Publicity Release (except where prohibited by law) and return same to Skip Barber Racing School. If the potential winner fails to comply, the Prize will be forfeited and, at Sponsor’s discretion, an alternate potential winner will be selected using the same method described above. If any Prize notification is returned as non-deliverable or any potential winner is not in compliance with these Rules, such potential winner will be disqualified and, at Sponsor’s discretion, an alternate potential winner will be selected using the same method described above. Once a potential winner is verified as an official Winner, arrangements will be made to award the Prize, in the form of a Gift Certificate or other form at the sole discretion of Skip Barber Racing School.
(b) By participating in this Sweepstakes, each entrant agrees that he/she has read, understands, and agrees to be bound by these Rules. Non-compliance with these Rules will result in disqualification.
9. PUBLICITY: Except where prohibited by law, a Winner's entrance and acceptance of the Prize constitutes permission to the Sponsor and its representatives to use said Winner's name, likeness, statements, biographical information, voice, voice likeness, and city and state address on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity without further compensation, notification or permission.
10. PRIVACY STATEMENT: An entrant’s personal information, provided in conjunction with this Sweepstakes, will be utilized by the Sponsor and/or its representatives for the purpose of selecting the Winners and awarding the Prizes. Entrants may also receive promotional mailings and e-mails from Skip Barber Racing School or other potential vendors. Receiving these promotional communications is optional and is not a condition of winning a Prize, and does not improve an entrant’s chances of winning. In the event an entrant does not wish to receive these promotional communications, he/she may opt out at any time in accordance with Skip Barber Racing School’s standard opt out procedures.
11. RELEASE: In accepting a Prize, Winner agrees to release and hold harmless Skip Barber Racing School LLC (in its capacities as Barber Racing School, the Sponsor, and the Promoter), including any and all parent entities, subsidiaries and affiliates of said companies and including each of said companies’ officers, directors, members, employees, agents (including advertising and promotion agencies and their employees) and representatives (collectively, the “Released Parties”) from and against any claim or cause of action arising out of winner’s participation in the Sweepstakes or the acceptance or receipt of the Prize.
12. LIMITATIONS OF LIABILITY: The Released Parties will not be responsible for any: (a) printing or typographical errors in any materials associated with the Sweepstakes; (b) unauthorized human intervention in any part of the Sweepstakes; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail or e-mail; (f) condition(s) caused by events beyond the control of Skip Barber Racing School, its agents or representatives which may cause the Sweepstakes to be disrupted or corrupted; or (g) injury or damage to persons or property including, but not limited to death, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or the acceptance or receipt of a Prize. IN NO EVENT WILL ANY RELEASED PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES OR LOSSES OF ANY KIND (INCLUDING LOST PROFITS) RELATING TO THIS SWEEPSTAKES (OR ANY PRIZE AWARDED OR RECEIVED AS PART OF SAID SWEEPSTAKES), INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY.
13. ODDS: (a) The odds of winning each Prize is dependent on the number of valid entries received by Skip Barber Racing School LLC from the beginning of the Sweepstakes Period to the last day of the month for which the Prize is awarded.
14. RESULTS: To obtain the names of the Prize winners (available beginning after February 11, 2009), send a self-addressed, stamped envelope to: “Skip Barber Sweepstakes Winners”, P.O. Box 1629, Lakeville, CT 06039. Requests must be received on or before February 15, 2010.
15. ACCEPTANCE OF OFFICIAL RULES & REGULATIONS: Participation in the Sweepstakes constitutes the entrant’s full and unconditional acceptance of the Rules and winning a Prize is contingent upon fulfilling all the Rules and requirements set forth therein. To obtain a copy of the Rules go to the Website set forth above, www.skipbarber.com.
16. DISPUTES: (a) Choice of Law. This Sweepstakes, and the rights and obligations thereunder, will be governed by and construed in accordance with the laws of the State of Connecticut, excluding conflicts of law rules which might apply the law of a different jurisdiction.
(b) Good Faith Negotiations. Best efforts will be used to resolve any and all claims and disputes arising under the Sweepstakes through good faith negotiations and without initially resorting to litigation, arbitration or other similar proceedings.
(c) Mediation. If the parties to a dispute hereunder are unable to resolve such claim or dispute via good faith negotiations, the parties will agree, prior to commencement of any legal action or suit, to submit to at least one day of non-binding mediation in Litchfield, Connecticut with a mediator chosen jointly by the parties.
(d) Litigation and Venue. Any legal action, suit, or proceeding with respect to the Sweepstakes will be brought exclusively in state or federal court of Connecticut and each party consents to the jurisdiction of said court for all matters that arise under said Sweepstakes and hereby waives all claims and defenses based upon improper or inconvenient venue or forum. Except where prohibited, any and all legal actions, suits, or proceedings with respect to the Sweepstakes will be resolved individually, without resort to any form of class action.
17. SPONSOR: Skip Barber Racing School LLC, 29 Brook Street, P.O. Box 1629, Lakeville, CT 06039. All rights reserved.
PROMOTER: Skip Barber Racing School LLC, 29 Brook Street, P.O. Box 1629, Lakeville, CT 06039.