COMPLETE OFFICIAL RULES
TUMS® QUIKPAK® 500 GRAND MARSHAL CONTEST
NO PURCHASE NECESSARY. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
BRIEF OVERVIEW OF CONTEST: "TUMS® QuikPak®" 500 Grand Marshal Contest ("Contest") provides participants with an opportunity to nominate themselves as someone who has given "Fast Relief" to another person and to be the Grand Marshal of the TUMS® QuikPak®" 500 NASCAR race. Contestants may nominate themselves by writing an essay and the best one, as determined by the judging process set forth herein, wins the right to be the Grand Marshal.
ELIGIBILITY: The Contest is open to legal residents of the 50 United States and District of Columbia, who as of the date of entry are at least 18 years or older, or have attained the age of majority in their state of residence, whichever is greater. Officers, directors, or employees of GlaxoSmithKline, Arrowhead Promotions & Fulfillment, Mercury Promotions & Fulfillment, MARS Advertising, Inc., Blattner-Brunner, Clear Blue, OBO Sports, their respective affiliates, subsidiaries, advertising and promotion agencies, and their immediate family members (parent, child, sibling and spouse of each) and those living in the same households of each are not eligible to enter or win.
SPONSOR: GlaxoSmithKline, 1000 GSK Drive, Moon Township, PA, 15108 ("Sponsor"). The National Association of Stock Car Auto Racing ("NASCAR") is not a sponsor of this promotion.
TIMING: The Contest starts at 12:01 AM Eastern Daylight Saving Time ("EDT") on 7/10/08, and ends 11:59:59 PM EDT on 9/12/08. The Contest will proceed in two parts: (A) Nominee Selection Competition, and (B) an Online Voting Contest. The Nominee Selection Competition will begin at 12:01 AM EDT on 7/10/08, and will end at 11:59:59 PM EDT on 8/30/08 ("Contest Entry Period"). The Online Voting Contest will begin at 12:01 AM EDT on 9/5/08, and will end at 11:59:59 PM EDT on 9/12/08 ("Online Voting Period").
HOW THE NOMINEE SELECTION COMPETITION WORKS: During the Contest Entry Period, entrants are requested to visit www.tumsracing.com and complete all instructions to register for the Contest. Once registration is complete, the entrant ("you" or "Entrant") will be asked to nominate yourself to be the Grand Marshal of the TUMS® QuikPak® 500 Race ("Race") by submitting an essay stating why you believe you should be the Grand Marshal of the Race, based upon the criteria that appear below.
LlMIT: You may enter the Contest only one (1) time. Essays that attempt to nominate more than one person or someone other than the Entrant will be discarded and will not be eligible to participate or win.
ESSAY REQUIREMENTS: Your Essay must: 1) be legible (illegible entries will be discarded); 2) be in English; 3) be less than 500 words in length; and 4) be written solely by you for this Contest. Essays that have been previously published or entered into competitions other than this Contest will be discarded and will not be eligible to participate or win.
An Essay must not contain any obscene, lewd, violent, offensive or otherwise inappropriate language, behavior, slogans, political, personal and/or religious statements, or in any way reflect negatively upon the Sponsor as determined by the Sponsor in its sole discretion. An Essay may not include the name of, nor contain references to, any person other than yourself and the name of the person whom you aided.
Any elements that you use in you Essay must be entirely original, and be created by you, be properly attributed, or reside in the public domain. Sponsor reserves the right not to post and to disqualify from the Contest any Essay that it, its representatives or panel of judges determine, in their sole discretion, do not comply with these Official Rules. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.
SELECTION OF FINALISTS: On or about 8/31/08, a panel of qualified judges from GlaxoSmithKline and its representatives ("the panel of judges") will review all eligible Essays, and will score the Essays based upon the following criteria:
(i) How the Entrant has gone above and beyond to provide "Fast Relief" to help someone in need - 60%;
(ii) The Entrant's knowledge and love of NASCAR® (20%);
(iii) Relevant mention of the TUMS brand name - 10%;
(iv) Grammar and clarity of expression - 10%.
The five (5) Essays that receive the highest scores will be deemed potential finalist Essays, and the Entrants submitting of those Essays will be deemed potential finalists. In the event of a tie among Essays, the panel of judges will determine the winning Essay based on the Essay that received the highest score for criterion (i), above. If the tie persists, the panel of judges will re-evaluate and re-rate the Essays and the Essay that then receives the highest score for criterion (i) will be deemed the winning Essay.
No Entrant is a Potential Finalist unless and until verification has been completed.
VERIFICATION OF POTENTIAL FINALISTS: The potential finalists will each be notified by telephone, regular mail or overnight mail, and will be required to complete, sign and return an affidavit of eligibility, a liability release, and where lawful, a publicity release within a stated amount of time. If the affidavits/releases are not received by the date stated on the notification, if any notification is returned as non-deliverable, if the Entrant is found to be ineligible or not in compliance with these Official Rules, or if the Entrant does not return such other releases as deemed necessary by Sponsor, the Essay will be disqualified and, at Sponsor's discretion, an alternative Essay may be selected. Potential finalists must agree to submit to a background check. Any event or incident in the potential finalist's past that, in Sponsor's sole discretion, tends to cause embarrassment or reflect poorly on Sponsor, its image and/or products, will render the Entrant ineligible to win, and will result in the selection of another Entrant as potential finalist. Once the potential finalists have been verified in accordance with these Official Rules, the potential finalists become Finalists and the Contest proceeds to the Online Voting Period.
HOW THE ONLINE VOTING CONTEST WORKS: Once the Online Voting Period has begun, the five (5) finalist Essays selected by the panel of judges in the Nominee Selection Competition will be posted to the Websites. Once posted, the public may vote for their favorite Essay by visiting www.tumsracing.com, reviewing the five (5) Essays, and casting their vote by clicking on the "I Cast My Vote For..." button located underneath their selected Essay. Once visitors have submitted their vote, they cannot change it. Limit: One (1) vote per day per person or email address. Entrants may participate in the online voting, subject to the limitations described above. The Essay that received the most eligible votes as of 11:59:59 PM, ET on 9/12/08 will be declared the winning entry and the Entrant who submitted that Essay shall be the winner. In the event of a tie, the panel of judges will determine the Grand Marshal based on the same criteria stated in the tie-breaking procedure described above.
PRIZE & ODDS OF WINNING: The one (1) Entrant selected as the Grand Marshal shall receive as his/her Prize a trip for two to the TUMS® QuikPak® 500 Race Weekend scheduled for 10/17/08 through 10/21/08. The trip will include roundtrip coach airfare for the Grand Marshal and one (1) guest from a major airport close to the Grand Marshal's residence (as determined in the Sponsor's sole discretion) to Greensboro, NC. However, in the event that the Grand Prize Winner resides within 75 miles of the Race track, the Grand Marshal will receive a check in the amount of Two Hundred Fifty Dollars ($250) in lieu of the roundtrip coach airfare for two. The trip will also include ground transportation between the airport in Greensboro, NC and the hotel; 3 nights/4 days hotel accommodations (one standard room, double occupancy) in a hotel selected by Sponsor; being introduced to fans at the Race; leading fans at the Race in the "command"; participating in pre-Race ceremonies including driver introductions; being introduced at the Race drivers' meeting; participating in one (1) hot lap on the morning of the TUMS® QuikPak® 500 Race; two (2) tickets to watch the 10/18/08 - 10/19/08 Races from Sponsor's Suite; and accompanying Sponsor to Victory Lane after the Race. All costs and expenses not specifically included above (including, but not limited to rental cars, meals, beverages, mini-bar, gratuities, souvenirs, personal expenditures, etc.) are solely the responsibility of the Grand Marshal. Restrictions may apply for participation in the hot lap (e.g., age, weight, etc.). Total approximate retail value of the trip package: $3,000 USD.
All federal, state and local taxes are also solely the responsibility of the Grand Marshal. All trip reservations and accommodations will be as determined by Sponsor. Grand Marshal and guest must travel on same itinerary and possess necessary travel identification documents. If guest is a minor, then the Grand Marshal must be the parent or legal guardian of that minor guest. Minors attending the race as guests of the Grand Marshal are not guaranteed access and are the sole responsibility of the Grand Marshal at the event. No cash or other substitution of prize except by Sponsor with a prize of equal or greater value. Prizes are non-transferable. The Grand Marshal will be contacted by phone, e-mail, or postal mail on or about 9/19/09 to finalize trip package details. Odds of winning depend on the number and skill of the Essays submitted.
REPRESENTATIONS & WARRANTIES BY ENTRANTS: Each Entrant who registers and submits an Essay represents and warrants s/he has the legal capacity to enter this Contest; that the Essay is original and has been legally created by the Entrant; does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; has not been entered in or won previous contests or awards; and has not been published or distributed previously in any media. Additionally, each Entrant represents and warrants that s/he owns all rights and title to the Essay. By submitting an Essay, a Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional, unlimited and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, edit, modify and/or otherwise use or reuse the Entrant's Essay, in any way by the Sponsor, in its sole discretion), as well as to use (or not use) Entrant's name, likeness, photograph, and/or statements regarding his/her participation in this Essay in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from Entrant or any other party. EACH ENTRANT UNDERSTANDS AND ACKNOWLEDGES THAT THE ENTRANT WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION FOR HIS/HER ESSAY IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS. Each Entrant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude the Sponsor's use of his/her Essay, and agrees not to sue or assert any claim against Sponsor & Others arising out of, or connected to, the use of the Essay. Each Entrant further agrees to indemnify and hold Sponsor & Others, harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of them, due to or arising out of the Entrant's Essay, or the Entrant's conduct in creating an Essay or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individual's right of publicity or right of privacy; or defamation. Each Entrant further agrees to release and hold harmless Sponsor & Others from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Submitter's rights with regard to any elements or ideas contained in any Essay. Although all Essays will be reviewed by Sponsor before being judged, posted or published; the posting or publication of an Essay does not mean the Essay has been deemed to be in compliance with these Official Rules. Essays that do not comply with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by Sponsor, in its sole discretion, will be disqualified and, if posted on any websites related to this Contest, removed therefrom.
INTERNET: Sponsor is not responsible for interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected entries (including essays and photos) or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind, whether human, mechanical or electronic, or for any damage to any person's computer related to participating in the Contest. Sponsor is not responsible for illegible, unintelligible, late, lost or stolen Essays or incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest promotion or by any technical or human errors which may occur in the processing of any Essays in this Contest promotion. Persons found tampering with or abusing any aspect of this Contest, as solely determined by Sponsor, will be disqualified and may be subject to prosecution. If in the judgment of Sponsor, the Contest is compromised by virus, bugs, non-authorized human intervention, use of robotic devices, or other causes beyond the control of Sponsor, which corrupt the administration, security, fairness or proper play of the Contest, Sponsor reserves the right, in its sole discretion to discontinue, suspend or terminate the Contest. Any personally identifiable information collected during Your participation in this Contest will be collected by Sponsor and used by Sponsor and its agents solely for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules, and will not be shared with any third party except as stated in Sponsor's Privacy Policy, posted online at www.glaxosmithkline.com and as allowed by law. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT, TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared, made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
GENERAL: Void in PR and where prohibited by law. By entering this Contest, Entrants agree to abide by these official rules. All Federal, state and local laws and regulations apply. The interpretation of these Official Rules shall be governed by the laws of the Commonwealth of Pennsylvania. Any and all disputes will be resolved individually, without resort to class action, in the appropriate courts in the Commonwealth of Pennsylvania exclusively, and subject to the laws of the Commonwealth of Pennsylvania. Should there be a conflict between the laws of the Commonwealth of Pennsylvania and any other laws, the conflict will be resolved in favor of the laws of the Commonwealth of Pennsylvania. By participating, Grand Marshal releases Sponsor, its affiliates, subsidiaries, advertising and promotion agencies, including Arrowhead Promotions & Fulfillment, Mercury Promotions & Fulfillment, MARS Advertising, Inc., Blattner-Brunner, OBO Sports, Clear Blue, the Contest judges, and all other individuals or entities involved in the creation, administration, or fulfillment of this promotion, and their respective directors, officers, employees, and agents (all of the former collectively referred to as "Sponsor & Others"), from any and all damages, losses or injuries, whether property or personal, including death, whether direct or indirect, arising out of or due to or in connection with acceptance, use/misuse, or enjoyment of the Prize, participation in this promotion or arising out of or in connection with Sponsor's use of any Essay, and Sponsor, et al. will be held harmless against any such claims of liability. Sponsor is not responsible for late, lost, misdelivered/undelivered, stolen, incomplete or illegible Essay, entry submissions or mail.
WINNER LIST: To learn who was selected as Grand Marshal of the TUMS QuikPak 500 Race, send a self-addressed stamped envelope to TUMS QuickPak 500 Race, PO Box 8077W, Grand Rapids, MN 55745-8077.
NASCAR is a registered trademark of the National Association for Stock Car Auto Racing.
© 2008 GlaxoSmithKline.
Close Rules