NO PURCHASE NECESSARY TO ENTER OR WIN
1. Eligibility: The GlucoStories and Charlie Kimball Share Your Story Contest (the "Promotion") is open only to legal residents of the fifty (50) United States (including D.C.) who are at least thirteen (13) years old at the time of entry and who did not purchase any products, services or equipment for the purposes of entering this Promotion and are not a practicing physician at the time of entry. Employees of American Diabetes Wholesale, ePrize, LLC, Homestead-Miami Speedway, LLC and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. The promotion consists of a contest (the "Contest") and a sweepstakes (the "Sweepstakes").
2. Sponsor: American Diabetes Wholesale, 2501 NW 34th Place, Suite 35, Pompano Beach, FL 33069. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: Participation in this Promotion constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Promotion begins on May 18, 2009 at 12:00 a.m. Eastern Time ("ET"), ends on August 17, 2009 at 11:59 p.m. ET (the "Promotion Period") and consists of three (3) phases as set forth in the chart below.
| Phase | Starts at 12:00 a.m. ET | Ends at 11:59 p.m. ET |
|---|---|---|
| Submission | May 18, 2009 | July 6, 2009 |
| Judging | July 7, 2009 | July 14, 2009 |
| Voting | July 15, 2009 | August 17, 2009 |
Sponsor's computer is the official time-keeping device for the Promotion.
5. How to Enter:
- Contest: During the Submission Phase, visit http://www.glucostories.com and follow the links and instructions to register for the Promotion. Complete the registration, including a valid email address. Submit one (1) essay discussing in one thousand (1,000) words or fewer how diabetes has impacted your life or the life of someone you know and one (1) photo or image of yourself or another person who's likeness you have permission to use to receive one (1) entry into the Contest (the "Submission"). By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:- The essay must be in text format;
- The essay must be in English;
- The photo must be in .jpg, .gif, png format
- The photo must be 200K in size or smaller; and
- The essay and photo cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
Content Restrictions:
- The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Promotion;
- The Submission must not contain brand names or trademarks other than Sponsor's mark, which entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Promotion;
- The Submission must not contain footage, images or artwork not created by entrant;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
For All Submissions: Limit: You may submit one (1) Submission during the Submission Phase. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
- Sweepstakes: During the Voting Phase, visit http://www.glucostories.com and follow the links and instructions to complete and submit the registration, including a valid email address and your home mailing address. P.O. Boxes are not permitted. After submitting your registration, vote for the Submission that you believe has the most audience appeal per the instructions set forth in Section 6(a) below to receive one (1) entry into the Sweepstakes. Limit: You may receive one (1) entry into the Sweepstakes during the Voting Phase.
For Both Contest and Sweepstakes: In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to register for the Promotion will be deemed to be the entrant and must comply with these Official Rules. 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 entrant may be required to show proof of being the authorized account holder.
6. Winner Determination: Winners will be determined according to the process set forth below.
- Contest: Potential Contest winners will be selected according to the criteria set forth below.
- Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the five (5) entrants with the highest-scoring Submissions (the "Finalists") from among all eligible Submissions based on the following criteria ("Judging Criteria"):
- Authenticity of story featured in essay (25%);
- Uniqueness and novelty of story featured in essay (25%);
- Ability of story featured in essay to support and inspire others (25%); and
- Depiction of success as shared in the story featured in essay (25%).
In the event of a tie, the entrant whose Submission received the highest score in the "Authenticity of story" category, as determined by the qualified judges in their sole discretion, will be deemed the applicable Finalist. Sponsor reserves the right to select fewer than five (5) Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
- Voting Phase: During the Voting Phase, the Finalists' Submissions will be posted in an online gallery for public voting at http://www.glucostories.com. Persons who meet the eligibility criteria as set forth in Section 1 will be able to vote for the Submission they believe is best. Limit: Each voter may vote one (1) time during the Voting Phase. Multiple votes received from any person or email address after the first vote received from that person or email address will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to the Finalist's compliance with these Official Rules, the Finalist whose Submission receives the highest number of valid votes during the Voting Phase will be deemed the potential Grand Prize winner; the Finalist who receives the second highest number of valid votes during the Voting Phase the Second Prize winner; and the Finalist who receives the third highest number of valid votes during the Voting Phase the Third Prize winner. In the event of a tie, the entrant whose Submission received the highest score in the "Authenticity of story" category, as determined by the qualified judges in their sole discretion, will be deemed the potential Grand Prize winner. Sponsor reserves the right to award fewer than the stated number of prizes, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor also reserves the right, in its sole discretion, to select an alternate potential winner for any or all prizes should the voting appear to have been tampered with or manipulated in any way.
For the Voting Phase: Multiple voters are not permitted to share the same email address. Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, identities or any other method will void that voter's Submission(s) (if any) and votes and he/she will be disqualified from further participation in the Promotion. Use of script, macro or any other automated system to vote is prohibited and all such votes will be void. Released Parties (as defined in Section 9 below) are not responsible for lost, late, incomplete, garbled, delayed, invalid, unintelligible or misdirected votes, which will be void. In the event of a dispute as to any vote, the authorized account holder of the email address used to vote will be deemed to be the voter. 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.
- Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the five (5) entrants with the highest-scoring Submissions (the "Finalists") from among all eligible Submissions based on the following criteria ("Judging Criteria"):
- Sweepstakes: Administrator will randomly select the potential Sweepstakes winners from amongst all eligible entries received during the Voting Phase on or around August 24, 2009.
7. Winner Requirements: Potential Contest and Sweepstakes winners will be notified by mail, email or phone on or around August 24, 2009. Each potential Grand and First Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to execute and return to Administrator, within five (5) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his/her prize. If a potential winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit within the required time period (if applicable), is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential Contest Prize winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at Sponsor's sole discretion. If a potential Sweepstakes Prize winner is disqualified for any reason, Administrator will award the applicable prize to an alternate potential winner by random drawing from among all eligible Sweepstakes entries received during the Voting Phase. Only three (3) alternate potential winners will be selected through either process, if time permits, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, photo, Submission and/or prize information in connection with the Promotion for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. First, Second and Sweepstakes Prizes will be fulfilled eight (8) to ten (10) weeks after end of Promotion.
- Contest Prizes: ONE (1) GRAND PRIZE: A trip for two (2) (winner and a travel companion) to Homestead, Florida to see Charlie Kimball's last race at the "Firestone® Indy Lights" Championship Race scheduled to be held at the Homestead-Miami Speedway in Homestead, Florida on Friday October 9, 2009. Trip package includes roundtrip, coach-class air transportation for two (2) from a major U.S. gateway airport near winner's home (determined by Sponsor in its sole discretion) to a major airport of Sponsor's choice near Homestead, Florida; two (2) nights standard accommodations at a hotel of Sponsor's choice (single room, double occupancy); roundtrip ground transportation between airport and hotel; a meet and greet with Charlie Kimball (time and location of meet and greet determined by Sponsor in its sole discretion); two (2) tickets to the "Firestone® Indy Lights" Championship Race to occur on October 9, 2009 to be held at the Homestead-Miami Speedway in Homestead, Florida (seat type and location determined by Sponsor in its sole discretion); and $200 spending money. Winner must commence travel on October 8, 2009 and return on October 10, 2009, or prize will be forfeited and Sponsor will have no further obligation to such winner. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. 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. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs associated with prize acceptance and use not expressly stated as being included in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, and all federal, state and local taxes are the responsibility solely of winner. Unless child or legal ward of winner, travel companion must be of legal age of majority in his/her jurisdiction of residence (and at least eighteen (18)) as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is at least eighteen (18) but still considered a minor in his/her state of residence, travel companion must be winner's parent/legal guardian. Travel companion (or, if child or legal ward of winner, winner) must execute liability/publicity releases prior to issuance of travel documents. Certain travel restrictions, conditions and limitations may apply. If, in the judgment of Sponsor, air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for roundtrip air transportation at Sponsor's sole discretion, and no compensation or substitution will be provided for the difference in prize value. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if either race or meet and greet with Charlie Kimball is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. Approximate Retail Value ("ARV"): $3,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.
ONE (1) FIRST PRIZE: A decorative race replica helmet autographed by Charlie Kimball and a race suit, race boots and race gloves worn by Charlie Kimball. Size and style of all prize package elements determined by Sponsor in its sole discretion. ARV: $1,500.
ONE (1) SECOND PRIZE: A $250 gift certificate to American Diabetes Wholesale. Terms and conditions of gift certificate apply. ARV: $250.
- Sweepstakes Prizes: 4 SWEEPSTAKES PRIZES: An autographed Charlie Kimball Mini Replica Race Helmet. ARV: $250. Total ARV of all Sweepstakes Prizes: $1,000. The odds of winning a Sweepstakes Prize depend on the number of eligible entries received during the Voting Phase.
For All Prizes: Prizes are non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, in its sole discretion. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. Limit: One (1) Contest Prize and one (1) Sweepstakes Prize per person. All prize details are at Sponsor's sole discretion. In order to claim prize, additional releases and/or waivers of liablity by Homestead-Miami Speedway, LLC and/or any applicable sanctioning body shall also be required as appropriate.
9. Release: By participating, entrant agrees to release and hold harmless the Sponsor, Administrator, Homestead-Miami Speedway, LLC and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees, agents and the city of Homestead (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 Promotion or receipt or use or misuse of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion; (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 Submission process or the Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Promotion-related materials; (5) late, lost, undeliverable, damaged or stolen mail; 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 the Promotion or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission. If for any reason an entrant's Sweepstakes 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, Sponsor, 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 Sweepstakes 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, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant agrees that: (1) 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 exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (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 Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC's Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html) and Sponsor's Privacy Policy (http://www.americandiabeteswholesale.com/-strse-template/policy/Page.bok).
14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than December 24, 2009. For the Winner List, send an email with subject line: "The GlucoStories and Charlie Kimball Share Your Story Contest, Winner List Request," to WinListRequests@eprizefulfillment.com.
Homestead-Miami Speedway, LLC is not a sponsor of this promotion. Homestead-Miami Speedways' logo is a registered trademark and is used with permission.
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