NO PURCHASE IS NECESSARY TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, AGES 13 AND OLDER. VOID WHERE PROHIBITED BY LAW.
1. Eligibility: The “Design James Stewart’s Butt Patch Contest” (“Contest”) is open to legal residents of the fifty United States and the District of Columbia who are at least 13 years of age as of the date of entry. If an entrant is under 18 years of age, entrant must obtain his or her parents’ or legal guardian’s consent prior to submitting an entry in this Contest. Employees of Red Bull North America, Inc. (“Sponsor”) and its parent companies, subsidiaries, affiliates and advertising or promotional agents, and members of the immediate families (parent, child, or sibling) or households of any such employees, are not eligible to enter.
2. Entry Period: The Contest entry period begins at 9:00 a.m. Pacific Time (“P.T.”) on December 16, 2009 and ends at 11:59 p.m. P.T. on December 15, 2010 (the “Entry Period”).
3. How to Enter: To enter, visit www.js7.com (the “Website”) during the Entry Period and follow the entry instructions. Entrants will be required to submit an original design of a butt patch that can be used by James Stewart in a Supercross race. All design submissions must be submitted as an Illustrator file (.ai) via email to the email address specified on the Website. All entries must be received during the Entry Period to be eligible. Sponsor’s computer will be the official time clock for the Contest. Entries will not be acknowledged or returned. Once submitted, entries cannot be revised or altered by entrants. In the event of a dispute as to the ownership of an entry, the authorized account holder of the email address used to submit an entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. Entry materials will not be returned. Entrants may submit more than one entry.
4. Design Guidelines: All submitted designs must comply with the following guidelines: (a) the design must be owned by the entrant; (b) the design must not previously have been distributed publicly or won any award; (c) the design must not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party; and (d) the design must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing. In the event of a violation of these guidelines, Sponsor reserves the right in its sole discretion to take such action as it deems appropriate with respect to the design in question, if any, including, without limitation, amending and/or altering the design to make the design compliant or disqualifying the design from the Contest.
5. Selection of Winners: All winners are subject to verification. Up to five (5) potential winners will be selected during the Entry Period by judges designated by Sponsor (the “Judges”), from among all eligible entries received at the time of selection. During the 2010 Supercross season, Sponsor and James Stewart will select certain races (each, a “Participating Race”) for which the Judges will choose the winners of this Contest. One winner will be selected for each such Participating Race and the winning design will be used as the butt patch design worn by James Stewart in such Participating Race. The Judges will score each entrant’s design based on the following criteria, weighted equally: originality; creativity; and overall impression. The Judges’ decisions are final and binding in all respects.
6. Winner Verification and Notification: The potential winners will be notified by phone and/or e-mail, in Sponsor’s discretion, on selected dates during the Entry Period (but prior to the date of the applicable Participating Race), as determined by Sponsor. Sponsor may in its discretion announce the name(s) of one or more potential winners on the Website or in other forms of communication, provided that no potential winner shall be certified as a winner until the potential winner has executed and returned all required documents, as described in this Section 6. If a potential winner is unreachable by phone and/or e-mail during a period of forty-eight (48) consecutive hours, the potential winner may be disqualified. Each potential winner (or parent/legal guardian if the potential winner is a minor in her/his state of residence) will be required to complete and return an Affidavit of Eligibility, Confidentiality Agreement, Release of Liability and, if legally permissible, a Publicity Release within seven (7) days of attempted delivery of same. Noncompliance within this time period or return of any notification as undeliverable may result in disqualification and an alternate may be selected.
7. Prizes: Each winner will get to see his or her design worn by James Stewart during the Participating Race for which such design was selected and, following such Participating Race, will receive the pair of pants worn by James Stewart during such Participating Race. All prize details are at the Sponsor’s sole discretion. No substitution, cash redemption or transfer of right to receive any prize will be allowed, except at sole discretion of Sponsor. Sponsor reserves the right to substitute an alternate prize. Any taxes on the prize are the sole responsibility of the winner. An IRS form 1099 will be issued if required by law. Prizes consist only of items expressly specified in these rules. Any costs or expenses associated with the acceptance or use of any prize are the responsibility of the winner.
8. General Rules: Entry constitutes an irrevocable grant of permission to Sponsor and its parent companies, affiliates, subsidiaries, promotional partners and agents, and those they may designate from time to time, to use each entrant’s name, likeness, and city and state of residence, and the design submitted by the entrant, including without limitation modifying, altering, or revising the design, for purposes of trade, publicity or promotion and any other purpose, in all media and formats whether now known or later developed, throughout the world in perpetuity, without any additional notice or compensation (except where prohibited by law). Without limitation of the foregoing, by entering the Contest, each entrant agrees that the Sponsor is permitted to display her/his submitted design, name and biographical information online at the Website and/or such other website as determined by Sponsor for public viewing and comment. Entrants may be required to execute such releases, assignments of rights and other documentation as Sponsor requires with respect to the entrant’s submitted design. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and/or to cancel, modify or suspend this Contest should entrant fraud or misconduct or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Contest. In the event of termination of the Contest, a notice will be posted online. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the prize. All entrants release James Stewart, Sponsor and its parent companies, affiliates, subsidiaries, promotional partners and agents, and all others associated with the development and execution of this Contest, from any and all claims and liabilities arising from or in connection with participation in this Contest and/or the use of the entrant’s submitted design as permitted hereunder, including without limitation claims for injury, loss or damage of any kind resulting from participation in this Contest or acceptance or use of any prize. Void where prohibited or restricted by law. All federal, state, and local laws and regulations apply. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, corrupted, mutilated, misdirected, misdelivered, undelivered, blocked or delayed entries or other communications, or for technical or human errors, delays or failures of any kind in connection with the submission, transmission, processing, storage or judging of entries, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment, any data loss or corruption, or any technical problems or traffic congestion on the Internet or at any website or any combination thereof. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and/or civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. By participating in the Contest, each entrant certifies that the design submitted by the entrant is owned by the entrant, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, California.
9. Names of Winners: Sponsor will periodically post the name of the confirmed winner(s) on the Website. Sponsor may also post, among other things, additional information related to the winner’s profile, including, without limitation, comments and photographs associated with the Contest.
10. Sponsor. The sponsor of this contest is Red Bull North America, Inc.