THETRUCKER.COM
1. Eligibility.
NO PURCHASE NECESSARY. Only legal U.S. residents at least 13
years of age with valid, current CDL who reside in and who are physically
located in the U.S. (excluding its territories and possessions) are eligible to
enter the "AMERICA’S MOST INTERESTING TRUCKING FAMILY" Contest (the
"Contest"). Employees, agents or officers of TARGET MEDIA PARTNERS
OPERATING COMPANY LLC “Target”) or any entity involved in the development,
production, implementation, and distribution of the Contest, including YouTube,
LLC (YouTube), any advertising or promotion agency, supplier of prizes for the
Contest, parent company, service provider, subsidiary, or affiliate of any such
entity or any other entity directly associated with the Contest or any member
of the immediate family of and/or person living in the same household as such
persons, are ineligible to enter the Contest.
2. Entries.
(a) To enter the Contest log on to http://www.thetrucker.com and follow the directions to enter
between 6:00 am CST on August 20, 2009 and 11:59pm CST on October 23, 2009
("Contest Period). In order to participate in the Contest, entrants are
required to register at http://www.thetrucker.com by completing a contest entry form and
providing a link to their YouTube clip. Entrants are instructed to upload an
audio-visual recording of themselves and their family members telling us why
they have
(b) For purposes of these Official Rules, the entrants’ contest
entry form, its contents, and the audio-visual recording collectively shall be
referred to herein as the Submission Materials. Entrants agree that any and all
Submission Materials, or any part thereof may be
utilized by Target and Sponsers at any time and in
any media.
(c) Only one entry per person. If multiple entries are received
for the same entrant, only the first entry submitted by that entrant will
qualify for entry in the Contest and subsequent entries submitted by that
entrant shall be disqualified. By entering, entrants agree to be bound by the
decisions of the judges, Sponsors, YouTube, Target, and these Official Rules
and to comply with all federal, state, and local laws and regulations. Target, Sponsors
and those working for Sponsors or on behalf of Sponsors, will not be
responsible for lost, late, misdirected, damaged, or postage due mail or
e-mail, or for Internet, computer hardware and software, phone, and/or any
other technical errors, malfunctions, and delays. Entries which are mutilated,
incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise
not in compliance with these Official Rules and/or the laws of any state or
local jurisdiction are also void. In the event of a dispute concerning who
submitted an e-mail entry, the entry will be deemed to have been submitted by
the authorized holder of the e-mail account from which the entry is made. The
"authorized account holder" is the natural person to whom an email
address is assigned by an Internet access provider, online service provider, or
other organization (e.g., business, educational institution, etc.) responsible
for assigning email addresses for the domain associated with the submitted
email address. Such person will be considered the official Entrant for a
particular entry.
(d) The Submission Materials may not contain references which
are obscene, crude or vulgar, gang identification, references to commercial
products, license plate numbers, phone numbers, personal addresses (physical or
email), Web site URLs, derogatory characterizations of any ethnic, racial,
sexual or religious groups, references to illegal or inappropriate activity,
behavior or conduct, or any other references that could be considered
inappropriate, unsuitable or offensive, as determined by Sponsors, in their
sole discretion, and must be in the English language.
3. Our Right to Use Your Work and Information about You
(a) All Submission Materials become the property of Sponsors and
will not be acknowledged or returned.
(b) With the exception of any Sponsor’s content:
(i) you represent and warrant that:
(A) all contents of Submission Materials are wholly original, have been created
entirely by entrant, have not been taken in whole or in part from any source
other than entrant, and do not incorporate or include anything that is owned by
any third party or would require the consent of any third party to any use; (B)
you own and control 100% of all right, title, and interest in and to the
Submission Materials, as well as all elements contained therein; (C) the
Submission Materials do not and shall not violate any law or the copyright,
trademark, publicity right, privacy right, or any other right of any third
party; (D) the Submission Materials, or any part thereof, have not been
commercially released; and (E) you have the written consent, release and/or
permission of each and every participant in the Submission Material to
participate in the Submission Materials as contemplated by these Official Rules
and to make the representations and assignments and agreements contained herein;
and
(ii) you agree that the Submission Materials
shall be a "work made for hire," with all rights therein, including,
without limitation, the exclusive copyright, being the property of Target and Sponsors.
In the event the Submission Materials are considered not to be a "work
made for hire," you irrevocably assign to Target and Sponsors all right,
title, and interest in your entry (including, without limitation, the
copyright) in any and all media whether now known or hereafter devised, in
perpetuity, anywhere in the world, with the right to make any and all uses
thereof, including, without limitation, for purposes of advertising or trade,
and an exclusive, perpetual, worldwide, royalty free license to utilize all or
any portion of the Submission Materials in all media.
(c) You hereby hold Sponsors and Target harmless from and
against any third party claim arising from use of the Submission Materials. You
waive any right to privacy. You waive any right to inspect or approve uses of all
or any part of the Submission Materials or to be compensated for any such use(s).
You hereby represent and warrant that you are at least 13 years of age and that
you have read these Official Rules and are fully familiar with and understand its
contents.
(d) By providing Submission Materials in connection with this Contest,
you grant to Target, Sponsors, their affiliated companies, and YouTube the
right, except where prohibited by law, to use your name, likeness, picture,
address (city and state), e-mail address, voice, biographical information,
Submission Materials, entry form information, and written and oral statements,
for advertising and promotional purposes in promoting or publicizing the
Submission Materials, Sponsors, Target, and their products and services,
without compensation. You shall have no right of approval, no claim to
compensation, and no claim (including, without limitation, claims based on
invasion of privacy, defamation, or right of publicity) arising out of any use,
blurring, alteration, or use in composite form of your name, picture, likeness,
address (city and state), e-mail address, biographical information, or Entry
Materials. The rights granted under this paragraph shall extend to Target,
Sponsors and their affiliated companies with respect to all entrants in the
Contest, including the entrant who is selected as the Winner and those entrants
who are not selected as the Winners. Sponsors and Target are under no
obligation to use the Submission Materials for any purpose.
(e) BY ENTERING THIS CONTEST, YOU REPRESENT AND WARRANT THAT:
(I) EACH PERSON APPEARING IN THE VIDEO EXPRESSLY AGREES TO ALL TERMS AND
CONDITIONS SET FORTH IN THESE OFFICIAL RULES; (II) EACH PERSON APPEARING IN THE
VIDEO PROVIDES HIS/HER EXPRESS PERMISSION TO APPEAR IN THE SUBMISSION
MATERIALS; AND (III) EACH PERSON APPEARING IN THE VIDEO IS AWARE OF AND
CONSENTS TO THE USE AND DISPLAY OF THE SUBMISSION MATERIALS AS DESCRIBED
HEREIN.
4. Selection of Winner / Prizes.
(a) Valid entries received during the Contest Period will be
judged by the Sponsors. Some or all submitted videos may be uploaded to other
sites, including other YouTube sites, for viewing by the public. The winner
shall be the one (1) entry that receives the highest overall score (such winner
shall be the Grand Prize Winner). One Grand Prize Winners will be selected based
on most interesting video as determined in the sole and absolute discretion of
our judges. All Prize Winners shall collectively be referred to as the Winner.
The Winner will be selected on or about October 30, 2009. The
decision of the judges shall be final and binding in all regards.
Any or all video submissions in America’s Most Interesting
Trucking Family contest may be reviewed for further consideration by a casting
company for television series production, and any assignment of rights granted
hereunder to such casting company shall be final and binding upon the Winner.
(b) The Winner will be notified by telephone or email, and each
Winner (and parent or legal guardian if Winner is under 21) and each member of
the a performing group (and parent or legal guardian if member is under 21)
will be required to sign, have notarized and return an Affidavit of Eligibility
and Publicity/Liability Release (and any other documents required by Target and
Sponsors in their sole discretion), within five (5) calendar days of
notification. The Winner will also be required to furnish a copy of his/her
CDL. If a Winner cannot be contacted within five (5) calendar days of the first
notification attempt, if the prize notification is returned as undeliverable,
if a Winner rejects the prize and/or the Affidavit and other materials, in the
event of noncompliance with these Official Rules, or if the Affidavit of
Eligibility and Publicity/Liability Release is not executed by all members of
the performing group, the prize will be forfeited and an alternative Winner may
be selected from all remaining eligible entries. Upon prize forfeiture, no
compensation will be given. The Affidavit of Eligibility and
Publicity/Liability Release must be complete and must include the Winner’s social
security or resident alien identification number. The information in the Winner”s Affidavit of Eligibility must be correct and must
be identical to the information provided in Winner's entry or the Winner will
be disqualified.
(c) One (1) Grand Prize Winner will win $1,000.
- Winner’s video will also be promoted from TheTrucker.com site www.thetrucker.com
NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT THE
SUBMISSION MATERIALS WILL BE USED BY TARGET, SPONSORS, TheTrucker.com, OR
OTHERWISE.
Other conditions and restrictions apply. Prizes are
non-transferable. No substitutions by Winner.
(c) By accepting the prizes, Winner releases and discharges Target
and Sponsors and their respective affiliated companies and the respective
parents, subsidiaries, affiliates, advertising and promotion agencies of each,
and all their respective employees, officers, directors, representatives and
agents from any liability or damage due in whole or in part to the award,
acceptance, possession, use or misuse of any prize or from participation in
this Contest.
(d) If, for reasons beyond the control of Target or Sponsors or
YouTube (including, but not limited to, tampering or computer virus infection),
the Contest is not capable of running as originally planned, Sponsors, at their
sole discretion, reserve the right to cancel or modify the Contest, without
liability. If a sufficient number of eligible entries (as determined by
Sponsors in their sole discretion) are not received by the end of the Contest
period, Sponsors reserves the right not to award any or all prizes or to extend
the Contest period. All taxes (including, but not limited to, income taxes) are
the sole responsibility of Winners. All entrants agree to comply fully with
each provision in these Official Rules. Any person attempting to defraud or in
any way tamper with this Contest and any person who does not comply with these
Official Rules will be ineligible for any prize and may be prosecuted to the
full extent of the law.
5. Issues of Law.
All federal, state and local laws and regulations are
applicable. THE
6. Your Release of Sponsors From Any
and All Liability.
Entrants agree that Sponsors, Target, and TheTrucker.com shall
not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s),
(ii) participation in the Contest, (iii) individual, joint or collective
technical malfunctions of the telephone network and/or transmission line,
computer on-line system, computer dating mechanism, computer equipment,
hardware and/or software, or (iv) any delay or distortion of an entry resulting
from data transmissions that are garbled, incomplete, misdirected, lost,
mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise
not in compliance with these Official Rules. Entrants also agree that Sponsors
and YouTube are not responsible or liable for any injury or damage to an
entrant's or third person's computer related to or resulting from the Contest
and/or its prizes. Target, Sponsors and YouTube are not liable for damage to a
user's computer system (including, without limitation, any server failure or
lost, delayed or corrupted data or other malfunction) due, either directly or
indirectly, to an entrant's participation in the Contest or downloading of
information in connection with the Contest. Sponsors reserve the right to
modify or cancel the Contest in the event that any portion of any website used
to administer any aspect of the Contest becomes technically corrupted.
7. How to Get More Information
(a) To obtain the identity of the Winners, send a self-addressed,
stamped envelope to: TheTrucker.com,
Questions regarding the Contest can be directed by mail to
"TheTrucker.com,
(b) Copies of these Official Rules may be obtained by
sending a self-addressed, stamped envelope to "Attn: America’s Most
Interesting, c/o TheTrucker.com, PO Box 3413, Little Rock, AR 72204 (WA and VT
residents may omit return postage). Requests for Official Rules must be
received by October 23, 2009. All times and dates in these Official Rules are
Central Standard Time.