PURCHASE(S) WILL NOT INCREASE CHANCES OF WINNING.
VOID IN QUEBEC AND WHERE PROHIBITED.
THE NITRO POINTS.COM GAME IS OFFERED ONLY IN THE 50 STATES OF THE U.S., THE DISTRICT OF COLUMBIA (“D.C.”), AND CANADA (EXCLUDING THE PROVINCE OF QUEBEC) AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY. PLEASE DO NOT PROCEED IF YOU
ARE NOT A CURRENT LEGAL RESIDENT OF ONE OF THOSE AREAS.
1. Eligibility: The Nitro Points.com Nitro Points.com (“Game”) is open only to current legal residents of the 50 states of the U.S., D.C., and Canada (excluding Quebec), who are physically located and residing therein, and who are 13 years of age or older as of January 3, 2009. Residents of the province of Quebec, Canada are not eligible. Employees of the International Fuel Racing Association, I.F.R.A. Motorsports and Nitro Points.com Game administrator, their advertising or promotion agencies, those involved in the production, development, implementation or handling of this Game, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, licensees, service providers, prize suppliers, any other person or entity associated with this Game (collectively, “Game Entities”), members of their immediate families (spouses, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related, are ineligible to enter this Game.
2. Nitro Points.com Game Overview: This Game invites participants to compete with other Nitro Points.com members to earn the highest monthly top three earned points totals from Nitro Points.com. (“Game”) for a chance to win auto related prizes. This Game consists of four (4) individual Games (approximately every month during game's seasonal operation) (“Individual Games”), and three (3) overall Game winner’s at Nitro Points.com. Game scheduled to begin at noon; 12:00:00 Pacific Time (“PT”) on ---11, 01, 2010, and ends at noon; 11:59:59 a.m. PT on --- 03, 01, 2011“Games Period”).
3. How to Enter: To enter this Game, access
Nitro Points.com (“Web Site”) and follow the online instructions to complete (and thereafter submit) the membership form (“Online Membership”). If an entrant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. Information required on the entry form consists of your Email Address, First Name, Last Name. Nitro Points.com prize winners will be required to provide; Street Address (no P.O. Boxes), City, State/Province, phone number including area code, date of birth (collectively, “Membership Information”). Canadian Membership entrants must also provide the correct answer to a time based mathematical skill testing question (“Answer”). The required mathematical skill testing question for Canadian entrants is “what is 4 plus 4, subtracted by 4, multiplied by 4, divided by 4.” Canadian entrants must correctly answer this question unassisted without any outside help within 2 minutes. Online Nitro Points.com game winners will be notified by email that has been registered with Nitro Points.com within 72 [seventy two] hours, Winners confirmation email reply must be received up to and no later than 72 [seventy two] hours of prize winning notification. Nitro Points.com’s computer is the official clock for the Nitro Points.com Game. Limit one (1) membership per person, email, ip address for the Nitro Points.com. Online replies by the same person in excess of this limit will be disqualified. To claim your Nitro Points.com Game prize, complete a legibly hand printed page(post card) with your Membership Entry Information, (Canadian entrants must include the correct Answer) on a standard sized postcard (no larger than 5” x 7”), enclose with a postage-paid, pre paid business size envelope (#10), and mail it to: Nitro Points.com Game to, P.O. Box (“Prize Claim Entries”). No copies of Prize claim Entries will be accepted. Prize claim mail Entries must be postmarked no later than (5) five days after receipt of email confirmation of winning and received within (10) ten days of post mark when sent, but all required Entry Information must be completed in full. Proof of submitting cannot be deemed by Sponsor as proof of receipt or entry into the Nitro Points.com Game. Any attempted form of entry into this Nitro Points.com Game other than as described herein is void.
4. Prizes/Odds of Winning. There are twelve (12) Individual or monthly Nitro Points.com Game prizes, three (3) first 1st, second 2nd, third 3rd, game season end overall Nitro Points.com Game prize winners.
a. No transfer, substitution or cash equivalent for a prize, except that Sponsor, at its sole discretion, may substitute a prize for one of equal value, whether due to prize unavailability (e.g., discontinued merchandise or model), or for any other reason. Any depictions of prizes are for illustrative purposes only. Nitro Points.com Game Sponsor Gift cards subject to stated terms and conditions and cannot be exchanged/redeemed for cash or combined with any other offer. "Nitro Points.com Game Sponsor Gift Card" shall mean the Nitro Points.com Game Sponsor's Gift Card. Your Nitro Points.com Game Sponsors Gift Card is issued by Nitro Points.com or Sponsors of Nitro Points.com Game and has no expiration date, unless otherwise specified by sponsor of a specific prize. The Nitro Points.com Game Sponsors Gift Card must be presented at time of prize claim of Products and or services from Sponsors of Nitro Points.com. No credit card, credit line, over draft protection or deposit account is associated with the Nitro Points.com Game Sponsors Gift Card. The Nitro Points.com Game Sponsors Gift Card may not be returned, redeemed or exchanged for cash, or used as payment on any participating sponsor account except where required by law. No interest, dividends or any other earnings on funds placed on a Nitro Points.com Game Sponsors Gift Card will accrue or be paid or credited to you by any prize providing sponsor of Nitro Points.com. The value associated with the Nitro Points.com Game Sponsors Gift Card is not insured and.the Nitro Points.com Game Sponsors Gift Card will not be replaced if lost or stolen and Nitro Points.com and or sponsors will not be responsible for any unauthorized use of the Nitro Points.com Game Sponsors Gift Card. "Product" shall mean any item offered for sale or licensing on the sponsor's web site or sponsor's direct sales materials (ads, catalogs, specifications sheets etc.), including but not limited to accessories and documentation. Winners are solely responsible for all costs (e.g., installation or requested product upgrades/options), incidentals, and any other expenses not specifically mentioned as being included. All federal, state, provincial or other taxes (if applicable) are the sole responsibility of each winner. Canadian Winners are responsible for all customs fees/import/duties or other tariffs that may be incurred with claiming/shipping of prizes. Each prize will be shipped to winners street addresses within the 50 states of the U.S., D.C. or Canada (excluding Quebec) only. Overall Nitro Points.com Game top three prize winners will receive an IRS Form 1099 for the year in which the prize is awarded from the Sponsor for the total ARV noted in these rules. If overall Nitro Points.com Game prize winners have also won a monthly prize, the IRS Form 1099 sent from the Sponsor will also include the ARV of the Individual or monthly prize or yearly prize as noted in these rules. Limit one (1) Individual Nitro Points.com Game prize per person/family/household.
5. Monthly Notification of Winners. There are twelve (12) Individual Game winners, three (3) year end, yearly overall Nitro Points.com Game winners.
a. Monthly Nitro Points.com Game winners: For each Individual monthly game, three (3) potential Individual monthly Nitro Points.com Game,
b. prize winners who have earned the most, highest point totals from among all eligible members of Nitro Points.com playing for that particular Individual monthly game period
c. No Nitro Points.com points will be sold during game time with new members point totals matched or topped up to meet membership point average.
d. All point totals will be reset to 0 at the end of every [each] game or month's end.
e. Overall Nitro Points.com Game winners : Three (3) potential overall prize winners will be randomly selected from among all eligible Nitro Points.com game membership (including both winning and non-winning Individual Nitro Points.com game playing members during the entire Season who have held an active, valid paid or pro membership in good standing for a Period of one year [previous of prize drawing] in a drawing to be held on or about one (1) week after the overall Nitro Points.com game completion date.
All Nitro Points.com Game points year end overall winners will be overseen by the Nitro Points.com administrator and or an independent organization and or individual. Potential overall Nitro Points.com game winners (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) will be notified by phone (at the phone number provided on that Nitro Points.com game member’s membership reply form) within one (1) week of the date his/her name was randomly selected. If any potential Nitro Points.com game winner cannot be reached after a reasonable effort has been exerted, he/she is found to be ineligible, he/she cannot or does not comply with these Official Rules, and/or if his/her prize or prize notification is returned as undeliverable, such potential winner will be disqualified and, an alternate potential winner of such prize will be selected at Nitro Points.com and or Sponsor’s sole discretion. Canadian residents must correctly answer the time based mathematical skill testing question described above at time of entry to be eligible for a prize.
6. General Conditions: This Nitro Points.com Game is subject to these Official Rules and all federal, state, provincial and local laws and regulations (collectively “Rules and Laws”). After notification, potential overall Nitro Points.com game prize winner (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) will be required to execute, have notarized, and return an Affidavit of Eligibility, a Liability Release, a Publicity Release (where legal), and any other documentation that the Nitro Points.com game administrator and/or Sponsor may require (collectively “Affidavit/Release”), within five (5) days after receipt, or potential overall Nitro Points.com game prize winner or winners will be disqualified, and an alternate potential overall Nitro Points.com Game prize winner will be selected. By returning a completed Affidavit/Release, overall sweepstakes prize winner (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. If a winner is a resident of a jurisdiction that deems him/her to be a minor, prize will be awarded in the name of his/her parent/legal guardian. Once submitted, Nitro Points.com game winners and the corresponding Reply Information including possible Survey information become the sole property of Nitro Points.com game and or Sponsor and will not be returned. Each Nitro Points.com game member or player unconditionally assigns and transfers to Sponsor all rights, title, interest, and claim, which he or she now has, or may in the future have to his/her Nitro Points.com winning information or Sponsor Survey. Notwithstanding anything to the contrary in Sponsor’s privacy policy located at or on sponsors website and except where prohibited by law, entry into the Nitro Points.com game and/or a winner’s acceptance of a prize constitutes permission of such winner (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) for Sponsor to use, without notice or further compensation, worldwide, and in perpetuity, in any and all forms of media, now known and hereafter devised, including, without limitation, on the Web Site, winner’s first name, last initial, city, and state/province for purposes of advertising, trade, promotion and publicity. Additionally, if a Nitro Points.com game member or player chooses to opt-in to a specific offer from a participating Sponsor or poll, his/her personal information will be subject to that Sponsor’s privacy policy and terms of service (if applicable), and such entrant agrees to receive additional email communication from that particular Nitro Points.com game Sponsor and or Entity. Respective privacy policies of Nitro Points.com game participating in opt-ins will be accessible from the www.nitropoints.com/gamesponsorlinks.php page. Sponsor is in no way responsible for such independent offers from the Nitro Points.com game Entities. Nitro Points.com game Sponsor's reserve the right, at its sole discretion, to disqualify any individual it finds to be tampering with the Nitro Points.com game process or the operation of the Nitro Points.com game membership, the Web Site, or any Web page or Web banner ad related to the Nitro Points.com game or sponsors; to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with the Nitro Points.com game will be ineligible to win a prize and will be prosecuted to the full extent of the law. If, for any reason, any or all of the Individual or monthly Nitro Points.com game's and/or the overall yearly grand prize winning Sponsors are not capable of running as originally planned, Sponsor, at its sole discretion, reserves the right to cancel, suspend or modify and instruct the Nitro Points.com game administrator to conduct a drawing and award the prize(s) for that particular Individual and/or the overall Nitro Points.com game winner. All eligible Nitro Points.com game Sponsor of prize and or prizes received prior to and/or after (as appropriate) the action taken by Sponsor. In case of a dispute over the identity of a Nitro Points.com game member who submitted a winning Nitro Nitro Points.com game winning reply, the authorized account holder of the email address associated with that Nitro Points.com game winning reply will be deemed the entrant. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Said owner must comply with these Official Rules and, at Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.
Disclaimers:
Nitro Points.com game Sponsors or Entities are not responsible or liable for Nitro Points.com game
Membership's on Nitro Points.com or game members that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or in excess of the one [1] membership per person limit, or for that are illegible, late, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, incomplete, or Mail Replries that are mutilated, postage-due, mass machine printed or mechanically duplicated, or otherwise not in compliance with these Official Rules, and all such Replies will be disqualified. By entering the
Nitro Points.com Game, each entrant agrees and acknowledges to be bound by the Rules and Laws, as well as the decisions of the Nitro Points.com administrator which are final and binding in all respects; to waive any rights to claim ambiguity with the Rules and Laws, and that the Nitro Points.com Entities shall have no responsibility or liability (including, but not limited to, liability for any loss, damage, personal injury or death) in connection with: participation in the Nitro Points.com, Individual Nitro Points.com monthly games, or overall yearly Nitro Points.com games; disputes over answers to mathematical skill test questions; acceptance/possession, defects, and/or use/misuse of any prize, including but not limited to improper installation of prize by winners; discontinued prize merchandise; shipping delays; human error; incorrect or inaccurate transcription of membership information and or repliy Information; any technical malfunctions of the telephone network, computer online system, computer date or online dating mechanism, computer equipment, software, or internet service provider utilized by Nitro Points.com or by registered member interruption or inability to access Nitro Points.com, a particular Individual Nitro Points.com Game, the Web Site, or any online service via the internet due to hardware or software compatibility problems; any damage to Nitro Points.com membership (or any third person’s) computer and/or its contents related to or resulting from any part of the Nitro Points.com game's; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of one of the Nitro Points.com Game Entities. Each
Nitro Points.com Game
member further agrees to indemnify and hold harmless the Nitro Points.com Entities from any and all liability resulting or arising from Nitro Points.com Game or Games and to release all rights to bring any claim, action or proceeding against the Nitro Points.com Game Entities. Nitro Points.com Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize sponsor/supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor/.Entity, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies.
1. ARBITRATION / WAIVER OF INJUNCTIVE RELIEF / GOVERNING LAW: BY SUBMITTING WINNING REPLIES, MEMBERS AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, ITS ENFORCEMENT, ARBITRATION ABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN A COURT LOCATION AGREED ON BY PARTIES AND ARBITRATOR. AND SHALL BE HEARD BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH PRESIDING COURT THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY SPONSOR OR ENTITY IN QUESTION. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
Membership holders at Nitro Points.com further understand and agree that they shall have no right to enjoin or restrain the development, production, advertising, promotion, distribution or exploitation of the Nitro Points.com game or Sponsor['s] (or any of their respective parent companies, subsidiaries or affiliates) production, project or promotion. Nitro Points.com game participants acknowledge that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America, Canada and its Provinces, applicable to contracts made and performed entirely in California and Canada shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
2. Rules/Winners List: The Winners List may be posted on the Web Site.
3. Updates to these rules and regulations, will be posted here and notifications sent to registered members of Nitro Points.com.
Nitro Points Online game rules at a glance;
You agree, through your use of Nitro Points.com, that you will not send any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of a person's privacy, or otherwise in violation of ANY law. You also agree not to send or transfer any copyrighted material unless the copyright is owned by you or you have consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations or email marketing that is not related to the performance or racing industries are also inappropriate at Nitro Points.com. Only automotive, motorsports, performance and auto enthusiast related sites or content of email notices allowed.
Note that it is impossible for us to confirm the validity of posts on Nitro Points.com. Please remember that we
cannot actively monitor the posted messages at all times and are not responsible for their content. We do not warrant the accuracy, completeness, or usefulness of any information presented. The messages express the views of the author, not necessarily the views of Nitro Points.com. Anyone who feels that a posted message is objectionable is encouraged to notify administration of Nitro Points.com immediately. We have the right to remove objectionable content, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.
You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Nitro Points.com, and any related websites to Nitro Points.com. Nitro Points.com also reserves the right to reveal your identity (or any information we have about you) in the event of a complaint or legal action arising from any information posted by you. You have the ability, as you register, to choose your username.
We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password to another member, for your protection and for validity reasons. You also agree to NEVER use another member's account to post messages or browse Nitro Points.com. After you register, log into Nitro Points.com, you can complete your registration details making sure they are correct. It is your responsibility to present clear and accurate information. Any information we deem false, inaccurate or vulgar will be removed.
Please note that with each registration, your IP address is recorded, in the event that you need to be banned from Nitro Points.com or your ISP contacted. This will only happen in the event of a major violation of this Nitro Points.com agreement. Please remember that all ages may view Nitro Points.com.
