The Red Bull Kart Fight Contest (“Contest”) begins on July 1, 2012 at 12:00:00 a.m. Pacific Time (“PT”) and ends on November 17, 2012 at 11:59:59 p.m. PT (“Promotion Period”). The Contest is open to legal residents of the 50 United States and the District of Columbia, who are between the ages of 13 and 35 at time of entry. Void where prohibited. Employees of Red Bull North America, Inc. (“Sponsor”) and its parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors (including, without limitation, the owners, agents, employees, and operators of the Facilities (defined below)) providing services in connection with this Contest (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsor or any Sponsor Affiliates are not eligible to participate. Contest is subject to all applicable federal, state, and local laws.
ENTRY AND PARTICIPATION:
The Contest will take place over three main phases: (1) the Qualifiers, (2) the Semifinals and (3) the Finals.
Qualifiers. To participate in the Contest, you must first visit one of the participating go-kart facilities throughout the United States (each, a “Facility”) to complete a Qualifying Run (defined below). You must pay the course fee, if any, as provided at the Facility to participate. Each Facility will have its own dates for participating in the Qualifying Run, which may be open for participation for only a few hours or across a multiple-day period. Additionally, each Facility will have its own rules for participation and methods for measuring a Qualifying Run, and you agree to abide by the relevant Facility’s rules and methods in addition to these Official Rules. Time and availability for participation may be limited and will be provided only while availability lasts. Visit redbullusa.com/kartfight for location details.
During a Facility’s entry period for its Qualifier, you can participate by registering at the Facility (all information provided must be complete, accurate, and truthful) and completing the go-kart course as provided by the Facility, within only the Facility and/or Sponsor’s discretion. A representative at the Facility will record the time it took for each participant to complete one lap of the Facility’s course. The representative shall record the times as he or she sees fit, and the Facility representative’s records shall be final and binding and not subject to your input, disagreements, or objections under any circumstances. .
Semifinals. Each Facility is assigned to one of three territorial categories by Sponsor: Midwest, Mountain South, and Southern California.
Midwest and Mountain South. For the Midwest and Mountain South territories, each Facility will submit its fastest Qualifying Run times to Sponsor (each, a “Semifinalist”). Sponsor will review all of the submitted Semifinalist’s times and choose the Finalists (must be different people) with the fastest Qualifying Runs. Sponsor shall choose one (1) Finalist from each of the following locations: Indianapolis, Chicago, Dallas, Houston, Louisiana, Denver, Austin, and Oklahoma City. Total of eight (8) Finalists selected from the Midwest and Mountain South.
Southern California. Those top five (5) participants with the fastest Qualifying Runs for each Facility in the Southern California territory will be selected as the Semifinalists for the Southern California territory. Limit of one (1) time per person regardless of number of runs made, and the run chosen will be at the sole discretion of Sponsor. If any chosen Semifinalist cannot compete or chooses not to compete for any reason, Sponsor may replace him or her the next fastest time for the relevant Facility. All Semifinalists from the Facilities in each category will compete against the other Semifinalists in the relevant territory during the Semifinals, which will take place on or around September 26, 2012, with the specific dates and times to be provided by Sponsor. No travel or accommodations will be provided. The Semifinalists will race against one another in runs as instructed by Sponsor at the Semifinal event. The two (2) winners chosen by Sponsor at the Semifinal event will be deemed potential Finalists for the Southern California territory.
If any chosen Finalist cannot compete or chooses not to compete for any reason, Sponsor may replace him or her with the participant with the next fastest time.
Finals. The Finals will take place on or around November 17, 2012 at the Dallas Karting Complex in Dallas, Texas (the “Final Location”), with the specific schedule to be provided by Sponsor. The Finals will consist of the Finalists from all Semifinal territories (total of ten (10) Finalists) racing against one another in runs as instructed by Sponsor. Sponsor will furnish further details regarding the rules and determination of winners at the Finals. Based on Sponsor’s criteria, Sponsor will determine First-, Second-, and Third-place finishers. The First Place finisher will be eligible to receive the prizes as set forth below.
REQUIRED REPRESENTATIONS AND WARRANTIES:
To be eligible for participation, you acknowledge and agree to the following:
1. You shall abide by these Official Rules, the rules of the Facility, and the instructions provided by Sponsor, Facility, or any other person administering the Contest.
2. You shall use only the karts provided at the relevant Facilities and course providers in this Contest and cannot modify or alter such karts. You may not switch between the provided karts without the express permission of Sponsor or Facility.
3. Upon arrival at any Facility or course, you shall accurately and truthfully complete the liability waiver for that location. If you are under the age of 18 or the age of majority in the state in which you reside, you must also have a parent or guardian sign your waiver form.
4. To participate, you must meet the height, weight, clothing, and any other requirements of Sponsor, Facility, and/or any course or kart provider.
5. You shall wear any and all safety equipment made available to you and/or requested of you by Sponsor, Facility, and/or any course or kart provider.
6. Sponsor or any other person or entity administering the Contest may, in their sole discretion, remove you from any course and disqualify you immediately for any conduct that they believe, in their sole discretion, is unsafe, unreasonable, inappropriate, or for any other reason without any refund of any monies paid by you to participate.
7. You may be required to attend an educational and safety briefing session before participating or at any other time, and you agree that you will attend such session in completion. You shall read, listen to, and comply with the safety rules provided to you.
8. You may be required to pay for any and all damages or injuries that you cause, whether in whole or in part and whether negligently, willfully, accidentally, or otherwise.
9. You understand and accept at your own risk the significant inherent dangers of driving and racing vehicles offered to you. You understand and accept that the kart provided to you, the course(s) you participate on, the safety equipment provided to you, and any instructions provided to you are provided “AS IS” and that neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability, fitness for a particular purpose, completeness, safe condition, and performance capabilities) in connection with such items or your participation in the Contest. You are solely responsible for your health and safety at all times.
10. You shall not participate in any activity related to this Contest if you are under the influence of drugs, alcohol, if you are pregnant, or if there is any other condition that may impair your ability to fully understand instruction or to participate without creating risk to yourself or others.
11. You shall not enter, participate, or race on behalf of anyone other than yourself.
Sponsor reserves the right in its sole discretion to disqualify any participant that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules or those of any Facility or other location. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor in these Official Rules.
Sponsor reserves the right to disqualify the entrant in its sole and absolute discretion. If the Contest fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winner(s). If it is discovered that attempts were made to by an individual to improperly participate in the Contest, then it may result in the disqualification, in the sole and absolute discretion of the Sponsor, of the entrant.
Finalists’ Prizes. Each of the Finalists shall receive the following prizes with the approximate retail values (“ARV”) provided:
•Flight for Finalist (and a travel guest, if Finalist is under the age of 18; guest must be Finalist’s legal guardian) to the Final Location on November 16, 2012 and return on November 19, 2012 (ARV: $750);
• One (1) general admission ticket (if the Finalist is under 18, an additional ticket will be provided for the guardian guest’s attendance) to the Formula 1 Grand Prix race at the Circuit of the Americas in Austin, Texas scheduled for November 18, 2012 (ARV: $250);
• Hotel accommodations for Finalist and travel guest (if applicable) in Dallas and/or Austin (site(s) of accommodations chosen solely by Sponsor) for the nights of November 16–18, 2012 (ARV: $1200);
• Transport between Dallas and Austin to attend the Formula 1 Grand Prix race (ARV: $200); and
• Sponsor may provide some meals to Finalists at certain times during the events. Meals are in Sponsor’s sole discretion, and more information will be provided to Finalists when schedules are confirmed (ARV: $200).
The total ARV of each Finalist’s prize package is $2600.00 (provided, that if the Finalist is under 18, the total ARV of such Finalist’s prize package (which includes the costs for the guardian guest is approximately $4,000).
First Place Finisher’s Prizes. The prizes indicated in the chart below shall be awarded with the ARVs provided. The total ARV of the winner’s prize is $12,700.00 (provided, that if the winner is under the age of 18, the total ARV of such Finalist’s prize package (which includes the costs for the guardian guest is approximately $20,400).
|First-Place Prize||One (1) pass (if the Finalist is under 18, an additional ticket will be provided for the guardian guest’s attendance) to the Formula 1 Grand Prix race at the Circuit of the Americas in Austin, Texas scheduled for November 18, 2012 (ARV: $1700); an invitation to race in the Global Finals in Bologna, Italy (additional details to be provided by Sponsor; ARV: $11,000; if the winner is under 18, the total ARV (including travel costs for the guardian guest, is approximately $17,000).|
If the First Place finisher cannot accept the invitation to the Global Finals for any reason, that finisher shall forfeit that portion of the prize, and the Second Place finisher shall be awarded the invitation. If the Second Place finisher cannot accept the invitation to the Global Finals for any reason, that finisher shall forfeit that portion of the prize, and the Third Place finisher shall be awarded the invitation. If the Third Place finisher cannot accept the invitation to the Global Finals, the invitation shall not be awarded.
Terms for All Prizes. Please allow 8-10 weeks after verification of eligibility for prize delivery. Sponsor may, at its option, announce additional prizes to the Contest.
Any and all travel arrangements must be made through Sponsor’s agent. Travel and accommodations consist of coach-class travel and a standard double-occupancy hotel room. Any other costs and expenses associated with prize acceptance and use not specifically provided herein (such as security fees, gratuities, luggage fees, meals, wi-fi, room service, and transportation, and incidental charges) are the responsibility of the finalist. Ground transportation may be provided in lieu of air transportation if finalist resides within a 100 mile radius of destination, and no compensation or substitution will be provided for difference in value. Finalist and travel companion (if applicable) must possess and show valid travel documents, prior to departure (e.g. valid driver’s license, passport, or other acceptable government-issued identification). Any travel guest must be eighteen (18) years of age or older and the age of majority in his/her jurisdiction of residence and be the legal guardian of finalist. Winner and travel guest (if applicable) must sign a Release of Liability/Publicity prior to any ticketing for travel. Once airline tickets have been ticketed, no changes by finalist will be permitted. Sponsor will determine airline, airports, flight itinerary, and hotel in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets or travel vouchers.
All prizes, including, without limitation, the prizes awarded to Semifinal winners, are awarded “AS IS.” Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor's sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Prizes are subject to terms, conditions, expiration dates, and restrictions imposed by the manufacturer of the prize or issuer in the case of a gift card or similar instrument. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner.
Potential winners will, in Sponsor’s sole discretion, be notified through the contact information provided when entrant registered and/or list the winners on the Sponsor’s website(s). Each Potential winner will have 48 hours from the moment such notification is first issued or published to respond to such notification by following the instructions provided therein. If a potential winner timely responds to such notification, the potential winner may be required to sign, notarize and return an affidavit of eligibility/liability, photo releases and publicity release within 48 hours of the date of notification. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. If a potential winner does not reply to the notification within the 48-hours limit provided above, is ineligible, or cannot or does not comply with the Official Rules, the potential winner will be disqualified, the prize will be forfeited and an alternate winner may be selected, at Sponsor’s discretion. By entering and/or participating, Entrants agree:
(ii) that the decisions of the Sponsor are final and binding on all matters relating to the Contest; and
(iii) to be contacted by Sponsor by all of the forms mentioned herein.
PUBLICITY & MARKETING:
NO LIABILITY & INDEMNIFICATION:
Neither Sponsor nor Sponsor Affiliates (the “Released Parties”) are responsible for and entrants release each from any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to enter the Contest, compete in the Contest, claim a prize, or otherwise participate in this Contest, or a Released Party’s ability to include all eligible entries, votes, judging, notify potential winners, or otherwise execute this Contest in the manner intended. Entrants further release and agree to indemnify the Released Parties from all liability, claims or actions of any kind for injuries, death, damages, or losses to persons or property alleged to have been sustained in connection with this Contest including, but not limited to: (a) participation in the Contest, (b) driving or operating the provided karts on the courses, (c) the receipt, ownership or use of any prize awarded; (d) any travel or prize-related activity; (e) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; and (f) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant or Released Party.
Decisions of Sponsor on all matters related to the Contest are final. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.
GOVERNING LAW & MANDATORY ARBITRATION:
Any disputes arising under this Contest and/or these Official Rules will be governed by the internal laws of the State of California. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
To obtain a list of winners, visit redbullusa.com/kartfight.
Red Bull North America, Inc., 1740 Stewart Street, Santa Monica, CA 90404.