NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID WHERE PROHIBITED. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of Home Depot U.S.A., Inc. (“Sponsor”), Octagon, Inc., the National Association for Stock Car Auto Racing, Inc. (NASCAR) and their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. By participating, contestants agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor, which are binding and final on matters relating to this promotion. Promotion is subject to all applicable federal, state and local laws.
ENTRY PERIOD: The Contest begins at 12:01 p.m. Eastern Daylight Time (“EST”) on December 19, 2007 and ends at 11:59 a.m. EST on January 29, 2008 (the “Entry Period”).
TO ENTER:Submit an essay of Five Hundred (500) words or less via email to Memories@HomeDepotRacing.com which explains contestants’ favorite story from or relating to stock car racing (the “Essay”). The Essay should use the Judging Criteria listed in these Official Rules as a guide. All online entries must be received by the conclusion of the Entry Period to be eligible to win. Limit one (1) entry per person for the duration of the Entry Period. Multiple entries received from any person after the first entry received from that person or email address will be void. Online entries 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.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Essays generated by script, macro or other automated means are void. Essays which exceed the word limit are void. All Essays become the property of Sponsor and will not be acknowledged or returned.
Contestants warrant and represent that the Essay submitted is his/her own original work, true and verifiable, and that it does not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights. Essays must be in English, be in keeping with the Sponsor’s image and may not be offensive or inappropriate, as determined by the Sponsor in its sole discretion. Sponsor reserves the right to disqualify an Essay if it determines, in its sole discretion, to be offensive, inappropriate, not in keeping with Sponsor’s image or other is otherwise not in compliance with these Official Rules. Contestants, by submitting an Essay, understand that such Essay will be posted on Website for viewing by visitors to the Website.
JUDGING CRITERIA: A panel of qualified judges appointed by Sponsor, using the voting criteria outlined below, will select the top six (6) submissions, in its sole discretion, during each Submission Period to be posted to HomeDepotRacing.com for a period of seven (7) days for the duration of the Online Voting Period.
The six (6) Submission Periods will be as follows: December 19, 2007 – December 25, 2007; December 26, 2007 – January 1, 2008; January 2, 2008 – January 8, 2008; January 9, 2008 – January 15, 2008; January 16, 2008 – January 22, 2008; and January 23, 2008 – January 29, 2008. Each Submission Period begins at 12:01 p.m. EDT and ends at 11:59 a.m. EDT. The six (6) Online Voting Periods will be as follows: December 26, 2007 – January 1, 2008; January 2, 2008 – January 8, 2008; January 10, 2008 – January 15, 2008; January 16, 2008 – January 22, 2008; January 23, 2008 – January 29, 2008; and January 28, 2008 – February 5, 2008. Each Online Voting Period begins at 12:01 p.m. EDT and ends at 11:59 a.m. EDT. A visitor to the website will have the opportunity, during an Online Voting Period, to rate the Essays on a scale of 1 to 20 (20 being the best) based on the Judging Criteria (set forth below) (“Rating”). Voters must follow instructions provided on the website to submit their votes. Each person/email address may only submit 1 vote per Essay during each Online Voting Period. Subsequent votes by a single user on the same essay will be disqualified. Votes generated by script, macro or other automated means or any other means intended to impact the integrity of the voting process as determined by Sponsor are void. The Essays who receives the highest average (as determined by Sponsor, in its sole discretion and calculated by adding the Ratings that each Essay receives during the Online Voting Period and dividing the total by the number of voters who voted on that essay) during each Online Voting Period will be determined to be six (6) Finalists. In the event of a tie between two or more Essays during any of the Online Voting Periods, the judges will determine the Finalist for such Online Voting Period. The six (6) Finalists will be judged by a panel of qualified judges to determine the top three (3) submissions by utilizing a thirty five (35) point scoring system to grade each submission based on the following criteria (each element being worth the maximum points listed): (i) Appropriateness of Essay to the topic (10 points), (ii) grammatical correctness (5 points), (iii) originality and sincerity of the Essay (10 points), and (iv) creativity (10 points). In the event of a tie, the creativity element score will serve as the tie-breaking factor. Of the total number of Essays received, the judges will choose one (1) Essay receiving the highest score as the Grand Prize winner in the Contest. The judges will then determine the second highest score and that Essay will be the First Prize winner. The third highest scored Essay will be the Second Prize winner. Sponsor reserves the right to select fewer than three (3) Winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. Judges’ decisions are final and binding on all matters relating to this Contest. All winners will be determined on or before February 7, 2008.
Potential winners will be notified by mail, phone, and/or e-mail and may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within five (5) days of date of issuance. If such documents are not returned within the specified time period, prize notification is returned as undeliverable, or a potential winner is not in compliance with these rules, prize will be forfeited and, at Sponsor’s discretion, a runner-up may be notified. All winners must provide Sponsor with a Security or Tax Identification Number and shall receive a tax reporting statement. Sponsor reserves the right in its sole discretion to conduct a background check on potential winners and disqualify any individual who has been charged or convicted of a crime or, if Sponsor determines in its sole discretion that awarding a prize to such individual may reflect unfavorably on the Contest or Sponsor. Judges’ decisions are final and binding on all matters relating to this Contest.
PRIZES: Grand Prize:One (1) Grand Prize will be awarded. Prize consists of: a trip for grand prize winner and one (1) guest to any 2008 NASCAR Sprint Cup race (race is choice of winner) which includes: (i) roundtrip coach-class air transportation from a major U.S. gateway airport nearest winner’s residence (as determined by Sponsor, in its sole discretion) to race location, (ii) two (2) nights hotel stay (standard, double occupancy), (iii) two (2) Grandstand tickets to the race (seat locations determined by Sponsor), (iv) a rental car for winner’s use during the trip, and (v) a $500 check for spending money. Approximate Retail Value (“ARV”) is $2,500. Actual value may vary depending on city of departure. Grand Prize Winner and guest are responsible for obtaining all required travel documents. If the Grand Prize Winner resides within a 100-mile radius of the race location, Sponsor reserves the right to provide ground transportation in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Travel arrangements must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Grand Prize Winner and guest must travel together on the same itinerary. Travel must be taken on dates specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to Grand Prize Winner. Certain travel restrictions may apply. Grand Prize Winner is solely responsible for all expenses, costs or fees associated with acceptance and/or use of the prize not specified herein as being awarded including, without limitation, any and all taxes, meals, gratuities, and souvenirs. Grand Prize Winner’s companion must be of the legal age of majority in his/her state of residence (and at least 18 years of age) unless accompanied by parent or legal guardian. Winner must comply with all track rules and regulations.
First Prize: One (1) First Prize will be awarded. One (1) autographed Tony Stewart die-cast car will be awarded. The ARV of the first prize is $100.
Second Prize: One (1) Second Prize will be awarded. One (1) The Home Depot Racing hat and t-shirt will be awarded. The ARV of the second prize is $45.
Total ARV of all prizes is $2,645.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Sponsor will have the right to substitute another prize package of equal or greater value, at its sole discretion. Sponsor may substitute for a cash prize or goods or services with a value equal to or greater than the estimated retail value of the original prize. Any difference between the stated approximate retail value of any prize and the actual value of such prize will not be awarded. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.
GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, entries; or for availability or accessibility or miscommunications or failed computer, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, typographical, printing or otherwise relating to or in connection with the promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the promotion, the processing of entries, the announcement of the prizes or in any promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking, or by any equipment or programming associated with or utilized in the promotion. Persons who tamper with or abuse any aspect of the promotion or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the promotion and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Contestants, by participating, agree that Sponsor, Octagon, Inc., NASCAR, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by contestants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this promotion. Except where legally prohibited, entry into this Contest and/or winner’s acceptance of prize constitutes permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
OWNERSHIP: By submitting an Essay, each contestant agrees that Sponsor shall become the sole owner of the Essay submitted (including all rights embodied therein) and that it and its designees may exploit, edit, modify, and distribute the Essay and all elements of such Essay, including, without limitation, the names and likenesses of any persons or locations embodied therein (including themselves), in any and all media known or not currently know, throughout the world in perpetuity without compensation, permission or notification to the entrant or any third party, except where prohibited by law. By submitting an Essay, contestants waive any and all rights of privacy and intellectual property rights they may have to the Essay. Submission of an Essay further constitutes entrant’s consent to irrevocably transfer to the Sponsor all rights, title and interest in the Essay including, without imitation, the copyright. By submitting an Essay, contestant warrants and represents that he/she consents to the use of the Entry in the Contest, to its posting on www.HomeDepotRacing.com and its use as otherwise set forth herein. Essay must be the original work of the contestant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Essay contains any material or elements that are not owned by the contestant and/or which are subject to the rights of third parties, the contestant is responsible for obtaining, prior to submission of the Essay, any and all releases and consents necessary to permit the use and exhibition of the Essay by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Essay. If any identifiable person appearing in the Essay is under the age of majority in his/her state of residence, the parent or legal guardian is required to provide permission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any contestant at any time. By submitting an Essay, contestant warrants and represents that he/she and any persons appearing or who are identifiable in the Essay consents to the submission and use of the Essay in the Contest, to its posting on www.HomeDepotRacing.com and its use as otherwise set forth herein.
MISCELLANEOUS: When you participate in a contest through our Sites, we may collect your name, address, phone number and e-mail address. We use this information to administer your participation in a contest. At the time you are entering a contest, we may ask your permission to send you future marketing information from Home Depot. We want to assure you that Home Depot is dedicated to protecting your privacy. You can contact us or otherwise communicate your privacy concerns by:
For Residents of the United States:
The Home Depot, Inc.WINNERS LIST: For the names of the winners (available after March 1, 2008), send a self-addressed stamped envelope to: HomeDepotRacing.com’s NASCAR Memories Contest Winners List, 5909 Peachtree Dunwoody Road, Suite 750, Atlanta, GA 30328, for receipt no later than March 30, 2008. Vermont residents may omit return postage.
SPONSOR: Home Depot U.S.A., Inc., 2455 Paces Ferry Road, Atlanta, GA 30339-4024