Announcing the “You could Win a Mercedes SL Roadster”
Promotion
Official Rules
1.
Description of the Promotion
The “You could Win a Mercedes SL Roadster”
promotion (the “Promotion”) is a
brand and product promotion in which licensed users of the Application (as
defined below) can play the [“Brawn GP Racing Game”] and be eligible to
participate in the selection process for the grant of the Prize specified in
these terms and conditions (the “Official
Rules”).
The Promotion is also open to eligible individuals
wishing to use the non purchase entry method described in section 6 of these
Official Rules.
Each entrant’s chances of winning are dependent
upon the number of valid entries submitted in accordance with these Official
Rules.
Further information on the Promotion may be
retrieved on the Promotion website:
Our
site is best viewed with Firefox and Internet Explorer.
2.
Sponsor
The
sponsor of the Promotion is Upstream North America, Inc., a corporation
incorporated pursuant to the laws of the Province of Ontario, Canada, with
registered offices at 22 St. Clair Avenue, East Toronto, Ontario, ON M4T 2S3 (the “Sponsor”).
All questions regarding this Promotion should be directed by email to support@brawngpcontest.com
Sponsor
is the sole judging organization whose decisions as to the operation of the Promotion
and the selection of the potential winner are final and binding and without
right of appeal in all matters related to the Promotion.
3.
Game and Application
The
Sponsor has developed a gaming software application (the “Application”), designed in conjunction with Brawn GP Ltd. (“Brawn”), for use on Apple®
iPhoneTM and iPod touch® devices (the “Compatible Handsets”).
The
Application supports the [“Brawn GP Racing Game”], a graphically
animated virtual motorsport racing game, comprising single lap, single car time
trial simulation (the “Game”). The Sponsor
intends to release successive versions of the Application, each supporting a
rendition of the Game in different virtual race-track surroundings (each a “Track”).
The
Application is commercially available for purchase, by way of digital download,
from online stores owned and/or operated by Apple Inc. and/or its affiliates in
select jurisdictions (the “Stores”),
subject to availability and observance of the terms and conditions applicable
to transactions with, or of, each Store. The first Track will be released on or
about 5 July 2009. A total of up to five (5) Tracks will be made available as
updates from the Stores prior to the close of the Promotion. If made available, the fifth Track will be
separately sold.
The Promotion is not open in all of the countries,
jurisdictions, states or provinces in which THE APPLICATION IS AVAILABLE FOR
SALE; please refer to section 5 (Eligibility)
to confirm if you are eligible to take part in the Promotion.
The
Sponsor reserves the full and unconditional right to determine or modify at any
time, without notice: (i) the number of Tracks, the timing of their release and
their availability; (ii) the Compatible Handsets and operating system(s) or
version(s) thereof required to operate any Track(s); (iii) the functionality,
design and features of each Track and any aspect of the gaming experience; (iv)
the level of difficulty of the Game and the level of skill required to play the
Game.
4.
Timing
The
Promotion shall run from 12:01 a.m. GMT on July 6, 2009 ([07:01 p.m. EST on
July 5, 2009) until the earlier of: (i) 24:00 p.m. GMT on November 1, 2009 (07:00
p.m. EST on November 1, 2009); or (ii) the precise time at which the winning
car crosses the finish line at the greatest and most widely televised
motorsport race currently scheduled to take place in Abu Dhabi on November 1,
2009, if such race is completed; or (iii) such earlier time as the Sponsor may
determine in its sole discretion (the “Promotion
Period”).
The
Application will continue to be available in Stores after the expiry of the Promotion
Period and for such period as the Sponsor may determine in its discretion.
Sponsor’s
computer is the official time keeping device for this Promotion.
5.
Eligibility
Subject
to these Official Rules, the Promotion is only open to entrants who are 18
years or older as at July 5, 2009 (if the age of majority in a jurisdiction is
different than 18, you must be of the age of majority within your jurisdiction
to be eligible to receive the Prize) and are legal residents of the fifty (50)
United States or the District of Columbia, Canada (excluding the Province of
Quebec), or the United Kingdom (excluding legal residents of Northern Ireland).
The Promotion is void in
Entries are limited to individual
consumers only; commercial enterprises and business entities are not eligible.
Directors, officers, employees, contractors, and agents of the Sponsor, Brawn and
their respective subsidiaries, affiliates, advertising
and promotion agencies, or any person or third party company working on the
Application, Game, Promotion or others providing services to the Sponsor or
Brawn in connection with this Promotion, and members of the immediate families (defined
for purposes of these Official Rules as husband, wife, mother, father, sister,
brother, son, daughter) and household members, whether or not related, of any
of the above persons, are not eligible to participate.
There
is one Promotion, being subject to these Official Rules, regardless of the legal
residence of participants being eligible in accordance with the foregoing. Each
valid entry submitted will compete against all other entries eligible to
compete for the single overall Prize in the Promotion Period.
This
Promotion is void in
6.
How to Enter
Only entries received during the Promotion
Period will be accepted. Proof of submission will not be deemed to be proof of
receipt by Sponsor.
Game
Entry Method: You will automatically be
entered one (1) time into the Promotion by purchasing and downloading the
Application on your Compatible Handset from a Store, subject to registering
your details and completing a Successful Run as specified in section 7 (Registration and Qualification) of these
Official Rules. The
authorized account holder as reflected in the records of the Store from which
the Application was purchased will be deemed to be the entrant for entries via
the above method. Entry via this method is subject
to the limitations as to award of points specified in section 8 (Scoring) of these Official Rules.
No
Purchase Entry Method: Go to [www.brawngpcontest.com/webentry], fully
complete an online entry, including your name, complete mailing address
(including ZIP/postal code, P.O. Boxes not acceptable) and your email address (which
must be a valid internet email address at the time of entry) and answer to a
skill testing question. Once your online entry is complete, click on the
“Submit” button to submit an entry (the “Website Entry”). Entry via this method
is subject to the limitations as to the number of Website Entries per day, the
number of total Website Entries and the award of points specified in section 8 (Scoring) of these Official Rules. The authorized
account holder of the email address used on the online form to enter will be
deemed to be the entrant for entries via the online entry form and he/she must
comply with these Official Rules. 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.
An
individual may only enter using one of the methods described above. Entry via
both methods constitutes a breach of these Official Rules and entails full
disqualification of the entrant.
Please
ensure that your details submitted are correct and current as the Sponsor will
use these details to contact an entrant who may be the potential winner. The potential winner
may be required to show proof that they are the authorized account holder or
the entrant.
7.
Registration and Qualification
Participation
in the Promotion of entrants having purchased the Application is subject to
registration of their details within the Promotion Period. Registration is
possible for entrants who hold a licensed copy of the Application and have completed
successfully at least one (1) run on the Game (any Track) that has been timed
by Sponsor’s computer at or below the qualification time specified by the
Sponsor per Track and disclosed in the licensed copy of such Track (each a “Successful Run”). Each Entrant that has
completed at least one (1) Successful Run (a “Player”) shall be prompted by the Application to register his/her
name or nickname (the “Player Tag”)
and email address, that must be a valid internet email address and be the same email
address used by the Player to purchase the Application from the Store in
his/her territory. Each entrant must have a unique email address. The above information
is submitted once, saved for subsequent plays, used by Sponsor to keep track of
the Game’s results and may not be modified at any time during the Promotion
Period.
Players
may only compete using a single Player Tag. If an individual is found to have
competed fraudulently under multiple/different identities or Player Tags, they
will not be considered an eligible Player, they will be disqualified from
participating in the Promotion.
Game
results, including the time of Successful Runs, will be submitted automatically
to Sponsor’s computer. The Game retrieves the leaderboard for each Track. The leaderboard
will be available on www.brawngpcontest.com and show
the top Players’ times, Player Tags and locations. Display of leaderboard
results may be delayed and remains subject, and without prejudice to, these
Official Rules.
Registering
to compete in the Promotion does not guarantee that Players will be qualified
to participate in the Promotion. The Sponsor reserves the right to verify all
eligibility criteria outlined in these Official Rules, even after registration
has been closed.
The
Sponsor takes no responsibility for misdirected entries or for entries that are
lost, damaged or corrupted in the web transmission. The Sponsor reserves the
right to disqualify any entry that has been incorrectly completed or contains
invalid or incorrect information.
8.
Scoring
8.1 Entrants entering via the “Game Entry
Method” described in section 6 (How to
Enter) will receive points as follows during the Promotion Period:
(a) Each entrant registering as a Player and completing one or
more Successful Runs in accordance with Section 7 (Registration and Qualification) shall be awarded one (1) point,
regardless of the number of Successful Runs or Tracks played, save as specified
below.
(b) Each Player may receive bonus points as a result of his/her
ranking, based on the fastest times recorded by Sponsor’s computer per Track
throughout the Promotion Period as follows:
|
Ranking |
Bonus Points |
|
1st – 10th |
10,000 |
|
11th – 100th |
1,000 |
|
101st - 1,000th |
100 |
|
1,001st – 5,000th |
10 |
|
5,001st – 10,000th |
1 |
Rankings,
as noted on the left-hand column of the table above are construed as relative
rankings, in inverse order of the time required by a Player to complete his/her
fastest Successful Run per Track (rank 1 means the fastest time recorded
amongst all Players and all Successful Runs recorded per Track). Each Player
may only receive bonus points in accordance with this paragraph (b) for one (1)
Successful Run per Track.
Bonus
points awarded in accordance with this paragraph (b) by reference to a Player’s
performance in respect of a Track will be aggregated with such Player’s bonus
points awarded to such Player in accordance with this paragraph (b) by
reference such Player’s performance in respect of any other Track(s).
(c) Each Player may receive five (5) bonus points upon
completing at least one (1) Successful Run in each of the five (5) Tracks in the
Application, but only if all five (5) Tracks are eventually released.
(d) The Application is able to update a Player’s Facebook®
and/or Twitter® status upon such Player completing a Successful Run
at his/her personal best time per Track. A Player may receive one (1) bonus
point for every ten (10) Twitter® status updates and one (1) bonus
point for every ten (10) Facebook® status updates, up to a maximum
of ten (10) bonus points.
8.2 The maximum possible aggregate number
of points that may be awarded to an entrant using the “Game Entry Method”
described in section 6 (How to Enter)
will depend on the number of Tracks to be released over the Promotion Period
and is shown below:
|
Total number of Tracks released |
Maximum possible points under section 8.1 (a) |
Maximum possible points under section 8.1 (b) |
Maximum possible points under section 8.1 (c) |
Maximum possible points under section 8.1 (d) |
Maximum possible number of total points |
|
One (1) |
1 |
10,000 |
Nil |
10 |
10,011 |
|
Two (2) |
1 |
20,000 |
Nil |
10 |
20,011 |
|
Three (3) |
1 |
30,000 |
Nil |
10 |
30,011 |
|
Four (4) |
1 |
40,000 |
Nil |
10 |
40,011 |
|
Five (5) |
1 |
50,000 |
5 |
10 |
50,016 |
8.3 Entrants entering via the “Non
Purchase Entry Method” described in section 6 (How to Enter) will receive points during the Promotion Period by
reference to the total number of their Website Entries, subject to the
following conditions and limitations:
(a) A maximum of fifty (50) Website Entries per person and per
calendar day during the Promotion Period is allowed;
(b) A maximum of two thousand (2,000) Website Entries per
person over the entire Promotion Period is allowed;
(c) The number of points to be awarded pre valid Website Entry
and the maximum possible number of points that may be awarded to any single
entrant entering via the “Non Purchase Entry Method” described in section 6 (How to Enter) will depend on the number
of Tracks to be released over the Promotion Period, as shown below:
|
Total number of Tracks released |
Number of points per Website Entry |
Maximum possible number of total points |
|
One (1) |
5 |
10,000 |
|
Two (2) |
10 |
20,000 |
|
Three (3) |
15 |
30,000 |
|
Four (4) |
20 |
40,000 |
|
Five (5) |
25 |
50,000 |
(d) Points awarded in respect of each Website Entry will be
adjusted and calculated in accordance with the foregoing once the Sponsor
confirms the total number of Tracks released over the Promotion Period and
prior to the Sponsor administering the Draw, as defined in section 9 (Verification of Potential Winners) of
these Official Rules.
8.4 An entrant being awarded any point(s)
under sections 8.1 and 8.2 is not eligible to receive any points under section
8.3 and vice versa. Entrants violating this restrictions are subject to full
disqualification.
8.5 Each entrant’s number of entries is
equal to the aggregate number of points awarded during the Promotion Period in
accordance with the above. The Sponsor reserves the right to disqualify any
entrant violating these Official Rules or not being eligible hereunder; the
total score of any entrant so disqualified shall be automatically reduced to
zero (0).
9.
Verification of Potential Winners
The
Promotion shall only have one (1) winner.
The
potential winner of the Promotion will be selected amongst eligible entrants
that have been awarded at least one (1) point, by means of a random draw to be
administered by the Sponsor at 17:00 p.m. GMT on November 13, 2009 (the “Draw”). The Draw will be conducted
randomly by a computer and overseen by a reputable law firm selected by Sponsor
in its sole discretion. Each entrant shall participate in the Draw by a number
of entries equal to his/her points awarded in accordance with section 8 (Scoring).
If
the potential winner is a legal resident of
To receive the Prize, the
potential winner must have and continue to comply with all terms and conditions
of these Official Rules. The potential winner will be notified by email or
telephone call within approximately ten (10) days following selection by means
of the Draw. In order to claim the Prize,
the potential winner will be required to sign and return to Sponsor an affidavit
of eligibility and release in respect of liability and publicity, in form and
substance satisfactory to the Sponsor (the “Potential Winner Statement”) within
seventy-two (72) hours of the date notice or attempted notice is sent. The
winner must also present his/her Compatible Handset with the Application
installed, the registered Player Tag and associated email address and the
associated Store receipt as proof of purchase. If a potential winner cannot be
contacted, has not complied with these Official Rules, or fails to sign and
return the Potential Winner Statement within the specified time period, the
potential winner is disqualified and forfeits the Prize.
In the event that a potential
winner is disqualified for any reason, Sponsor may award the Prize to an
alternate winner by random drawing from among all remaining eligible entries
and subject to alternate winner complying with these Official Rules.
10.
Prize
Whoever
wins the Promotion will receive the following prize, depending on the
jurisdiction of the winner’s legal residence, as follows (the “Prize”):
·
If the winner is a legal
resident of Canada and otherwise
eligible under these Official Rules, the winner will be awarded a 2009 or 2010
model year Mercedes SL550 Roadster with standard equipment, including Canadian
freight/PDI, but excluding all options, license, insurance, registration,
number plates, fuel and PPSA.
·
If the winner is a legal
resident of the United States of America otherwise
eligible under these Official Rules, the winner will be awarded a 2009 or 2010
model year Mercedes SL550 Roadster with standard equipment, including U.S.
transportation charges and gas guzzler tax, but excluding all options, license,
insurance, registration, number plates and fuel.
·
If the winner is a legal
resident of the United Kingdom otherwise
eligible under these Official Rules, the winner will be awarded a 2009 or 2010
model year Mercedes SL300 Roadster with standard equipment including standard
UK delivery charge and taxes, but excluding all options, license, insurance,
registration, number plates and fuel.
The
approximate value of the Prize is US$ 111,000 or GBP 68,000 or CAN$ 148,000.
Values are indicative, stated by reference to approximate average recommended
retail sales prices known to be offered by franchised dealers in the respective
countries at the time of initial release of these Official Rules, rounded
upwards and subject to change without notice.
The exact specifications of the
Prize will be determined by Sponsor in its sole and absolute discretion and may
vary depending on the country, province or state of winner’s legal residence
and the place of delivery of the Prize. The Prize will be delivered on an “as
is” and “where is” basis, as determined by the Sponsor. Sponsor makes no representations
or warranties and there are no conditions with regard to the Prize.
Winner
must take delivery of the Prize at the time(s) and from the dealership
designated by Sponsor, or as otherwise instructed by Sponsor. All costs and expenses related to Prize
acceptance and use not specified herein as being awarded are the responsibility
of winner, including, but not limited to, all federal, state, provincial and
local taxes (including income taxes), title, insurance, license and
registration fees. Winner will be required to present a driver’s license valid
in the state, province, country or jurisdiction of his/her legal residence and
proof of appropriate insurance as a condition of receiving Prize.
Save
as otherwise expressly specified above, any and all taxes associated with prize
winnings are the sole responsibility of the winner. If the winner is a
No
cash or other substitution or transfer of the Prize is permitted unless
otherwise specifically approved by Sponsor in writing at the sole discretion of
the Sponsor. If a winner cannot or will not accept the Prize, the Prize will be
forfeited. The Sponsor reserves the right to substitute a prize of equal or
greater value and nature, giving notice thereof to the potential winner as soon
as possible and before the Prize is delivered to the winner, if entire Prize or
a portion of the Prize is unavailable. If the Promotion is cancelled for any
reason, the Sponsor shall have no further obligation to any entrant.
11.
Release
To the extent allowable under
applicable law, by participating in the Promotion each entrant and/or winner releases
and holds harmless Sponsor, Brawn and their respective subsidiaries,
affiliates, suppliers, distributors, advertising/promotion agencies and each
such company’s officers, directors, employees, representatives and agents
(collectively, the “Released Parties”)
from and against any claim or cause of action under any legal theory including,
without restriction, tort (including negligence and gross negligence) and
contract, including, but not limited to: (i) personal injury, death, or damage
to or loss of property, arising out of participation in the Promotion 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 the Prize
including any injury or damage to entrant's or any other person's computer or
Compatible Handset related to or resulting from participation or downloading
any materials in the Promotion; (ii) receipt or use or misuse of the Prize or
participation in any Promotion-related activity; (iii) any claims based on
publicity rights, defamation or invasion of privacy and merchandise delivery;
(iv) any incorrect or inaccurate information, whether submitted by an entrant
or other person or caused by entrants, processing errors, the equipment and/or
programming associated with or utilized in the Promotion; (v) technical
failures of any kind, including, but not limited to malfunctions,
interruptions, traffic congestion or disconnections in phone, Internet lines or
network hardware or software; (vi) unauthorized human intervention in any part
of the entry process or the Promotion; and/or (vii) technical or human or other
error which may occur in the administration of the Promotion or the processing
of entries or the announcement of the winner or in any Promotion-related
materials.
Players
participating in the Promotion do so at their own risk with regard to the
effects of flickering or intermittent images or regular visual patterns used by
the Application and/or displayed on Compatible Handsets and/or any other
related equipment.
12.
Publicity
By
participating, you agree that Sponsor and/or Brawn and their respective
designees may use your name, image, photograph, likeness, voice, hometown, Prize
and biographical information for publicity and advertising purposes in any and
all media, now or hereafter known, worldwide, in perpetuity, without additional
compensation, notification or permission, except where prohibited by law.
Without
limiting the generality of the foregoing, the Sponsor shall publish on www.brawngpcontest.com the name and country of the winner
within ten (10) days of awarding the Prize in accordance with these Official
Rules.
13.
Disclaimer and Limitation of Liability - General
Neither
the Sponsor, nor any other Released Party is responsible for and each hereby
expressly disclaims any and all liability arising out of or in connection with:
(i) the Internet site or any portion of the Promotion not being capable of
running as planned, including, without limitation, infection by computer virus,
bugs, tampering, unauthorized intervention, fraud, technical failures, or any
other cause beyond the Sponsor’s control; (ii) lost, late, illegible, stolen,
incomplete, invalid, unintelligible, misdirected, technically corrupted or
garbled entries, which will be disqualified, or for problems of any kind
whether mechanical, human or electronic; (iii) any
technical factor which may corrupt or affect the administration, security,
fairness, integrity, or proper conduct of the Game and/or the Promotion; (iv) any
error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction, or
unauthorised access which may result in alteration of Game plays or Promotion
results; (v) any incorrect or inaccurate information whether caused by an
entrant or by any of the equipment or programming associated with or utilised
in the Promotion or by any technical or human error which may occur in the
processing of Game plays; (vi) failure of any e-mail entry or any trade to be
applied to a participant's account due to technical problems or traffic
congestion on the Internet or at any web site, phone or fax or cable lines, or
any combination thereof; (vii) any injury or damage to a participant's computer
related to or resulting from participation in this Promotion (including,
without limitation, damage by virus); (viii) the inability of any Player to
access or complete a Game due to any technical malfunction or traffic
congestion on the Internet or at any website or combination thereof.
14.
Disclaimer and Limitation of Liability - Software
THIS
PARAGRAPH SHALL APPLY, WITHOUT PREJUDICE TO ANY OTHER CLAUSE OF THESE OFFICIAL
RULES, TO THE EXTENT THAT ANY PLAYER IS REQUIRED TO DOWNLOAD ANY SOFTWARE IN
ORDER TO PARTICIPATE IN THIS PROMOTION.
WITHOUT
LIMITING ANY PART OF THESE OFFICIAL RULES, COPYING OR REPRODUCTION OF THE
APPLICATION, IN WHOLE OR IN PART, TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE APPLICATION IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS GOVERNING
ACCESS TO AND PURCHASES FROM A STORE (AS DEFINED IN SECTION 3 HEREOF) AND OF
THE APPLICABLE END USER LICENSE AGREEMENT (TOGETHER, THE “EULA”). EXCEPT AS
WARRANTED IN THE EULA, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE
SPONSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE APPLICATION,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
15.
Disqualification of Entrants – Termination of Promotion
The
Sponsor reserves the right, at its discretion, to: (i) disqualify any individual
(and void all associated entries) that it has reason to believe has tampered
with the type, process, or operation of the Game in order to increase their
position on the leaderboard, has tampered with Sponsor’s web site, the entry
process or the operation of the Promotion, is or has been acting in breach of these Official Rules, has provided any inaccurate or
untrue information or has acted in an unsportsmanlike or disruptive manner or
with intent to annoy, abuse, threaten, or harass any other person; (ii) cancel, suspend
and/or modify the Promotion, or any part of it, for any reason or for no reason
including if any fraud, technical failures or any other factor beyond Sponsor’s
reasonable control impairs the integrity or proper functioning of the Promotion,
as determined by Sponsor in its sole discretion.
If
for any reason the Promotion is not capable of being run as planned, including,
without limitation, infection by computer virus, bugs, tampering, unauthorised
intervention, fraud, technical failure, or any other causes beyond the
reasonable control of the Sponsor, which corrupt or affect the administration,
security, fairness, integrity, or proper conduct of this Promotion, the Sponsor
reserves the right, at its sole discretion, to cancel, terminate, modify or
suspend the Promotion.
In each of the above events,
Sponsor reserves the right to award the Prize at random from among the non-suspect,
eligible entries received up to the time of the impairment.
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.
16.
General Conditions
By
entering the Promotion, entrants agree to be bound by these Official Rules.
Players further agree to be bound by the entries on Sponsor’s timing and
scoring servers, which shall be final and binding and without appeal in all
respects.
If any provision or part of these
Official Rules is deemed void or otherwise unenforceable in law then that
provision or part shall be deemed excluded, and the remainder of these Official
Rules shall remain in force.
Sponsor reserves the right to
make any changes, in its sole and absolute discretion, deems necessary to the Promotion
and Official Rules at any time.
17.
Privacy and Use of Promotion Information
Any personal information received
by Sponsor in connection with this Promotion will be used solely in accordance
with Sponsor’s privacy policy, which can be found at [www.brawngpcontest.com/privacy ].
18.
Governing Law and Dispute Resolution
The
conduct of this Promotion and the interpretation and enforcement of these
Official Rules is governed by the laws of
All
issues or disputes relating to the Promotion, including but not limited to
scoring, infractions of these Official Rules and disputes among participants,
will be reviewed and determined by Sponsor, whose decisions shall be final and
binding and without right of appeal. Any entrant is entitled to cancel registration
in the Game. Any controversy or claim arising out of or relating to this Promotion,
whether asserted in contract, tort, statute, or otherwise shall be determined by
the courts of
Sponsor
shall not be liable for any consequential, punitive or exemplary damages.
THIS PROMOTION IS SUBJECT TO ALL APPLICABLE LAWS
AND VOID WHERE PROHIBITED.
Third-party trademarks notice
Mercedes® is a registered trademark of Daimler A.G. and/or
its affiliates.
Apple® is a trademark of Apple Inc.,
registered in the
iPhoneTM is a trademark of Apple Inc.
iPod® is a trademark of Apple Inc., registered in
the U.S. and other countries.
iPod touch® is a trademark of Apple Inc.,
registered in the U.S. and other countries.
Facebook®
is a registered trademark of Facebook, Inc.
Twitter® is a registered trademark of
Twitter, Inc.
All rights of the
above rightholders are expressly reserved. The Promotion is not organised,
approved, endorsed or supported by any of the above entities and/or their
respective affiliates.