In consideration for entry (an “Entry”) into the iRacing Challenge (the “Challenge”), you (the “Entrant”) must agree to the following terms and conditions and be of legal age to enter into contracts in your country of residence. By entering into this Challenge, you agree that:
a. I verify that I am of legal age to participate in this iRacing event, age 13 or older, and have the legal capacity to enter into this contract.
b. I have elected to participate in the Challenge voluntarily. I consent and authorize HP Tuners, LLC (“Sponsor”) to use my name, image, likeness, and other biographical information obtained by Sponsor in connection with the Challenge, including video clips of my performance in the Challenge, clips of my voice, and any other media clips or still images (“My Likeness”) in any photograph, video, sound byte, or other digital or print media that is created in connection with the Challenge, and in any and all publications, including print, online, or other publications created in connection with the Challenge (the “Media”).
c. I irrevocably authorize Sponsor to copy, edit, enhance, crop, or otherwise alter any My Likeness for use in the Media.
e. I understand that all Media created in connection with the Challenge, including those which utilize My Likeness will be and shall remain the sole property of Sponsor, and that I shall have no right to use or retain such Media or request that such Media not be used in any manner Sponsor deems appropriate, in Sponsor’s sole discretion.
f. I understand that I am not entitled to any compensation or royalties with respect to the use of My Likeness in the Media. I understand that the Media may be used for advertising or promotional materials, and my garner a profit.
g. I agree to release and forever discharge Sponsor and Sponsor’s employees, officers, and directors, and each of their respective parent companies, affiliates, subsidiaries, partners, franchisees, officers, directors, and employees, and all others engaged in the development, production or distribution of the Media (collectively, the “Challenge Entities”) from any and all liability arising out of the use of My Likeness or the creation or distribution of the Media.
h. I assume all risk associated with agreeing to the above terms and conditions, and all risk associated with participating in the Challenge.
i. I understand that Sponsor is free to disclose any information relating to my performance in the Challenge, on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the Entrant. Sponsor reserves the right to, and may or may not, monitor/screen Entries.
j. I understand that Sponsor reserves the right to disqualify me from the Challenge if I engage in the following behavior or language: (a) language that is sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; (b) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) is obscene or offensive, endorse any form of hate or hate group; (d) promotes terrorist or violent acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities; (e) defames, misrepresents or contains disparaging or slanderous remarks about the Sponsor, its customers or its products, or other people, products or companies; (f) contains trademarks, logos or trade dress owned by others (except the Sponsor’s), or advertises or promotes any brand or product of any kind (except the Sponsor’s), without permission, or contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (g) contains trademarks or contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by the Sponsor) without permission; (h) includes artwork, unless it is an original work of the Entrant; (i) contains materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission; (j) communicates messages or images inconsistent with the positive images and/or goodwill to which the Sponsor or the Challenge Entities wishes to associate; (k) depicts a violation of any law or is posted in violation of any law.
k. I understand that all intellectual property collected by Sponsor in connection with any Entry or during the Challenge become the property of Sponsor and will not be acknowledged or returned. By participating in this Challenge, Entrants agree to be bound by all decisions of Sponsor, which are final and binding in all respects. I UNDERSTAND THAT ANY ATTEMPT TO DELIBERATELY UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Challenge any individual who, in Sponsor’s sole discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of the Challenge by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor, or (iii) has attempted or intends to attempt any of the foregoing. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Challenge should a virus, bugs, entrant fraud or misconduct or other cause beyond the control of the Sponsor affect or corrupt the administration, integrity, security or proper operation of the Challenge or to the extent Sponsor deems necessary in order to comply with the terms of use or terms of service of any applicable social media platform or in connection with changes to such terms.
l. I acknowledge that no information I post to Sponsor’s website is private.
m. I understand that Sponsor and the Challenge Entities, as well as their respective officers, directors, owners, shareholders, employees, representatives, and agents of each of the foregoing (collectively, the “Released Parties”) are not responsible, and will have no liability for (a) late, lost, delayed, illegible, damaged, corrupted or incomplete Entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information or any other human or technical errors of any kind relating to the operation of the Challenge, or the communications or attempted communications with any entrant, the submission, collection, storage, or processing of entries. FURTHER, THE RELEASED PARTIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSE RESULTING FROM OR ARISING OUT OF ANY COMPONENT OF THE CHALLENGE OR THE USE OF ANY MEDIA CREATED OR DISTRIBUTED IN CONNECTION WITH THE CHALLENGE. By entering the Challenge, I agree to fully release, covenant not to sue, and agree to hold each of the Released Parties harmless from and against any and all claims and liability arising out of the operation of the Challenge, participation in the Challenge, and/or any use of My Likeness, and/or biographical information as permitted hereunder, including without limitation all claims and liabilities based on any personal injury, property damages, loss, and/or death. I further assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Challenge. The Released Parties are not responsible for any typographical, printing, production or other error in the administration of the Challenge.
n. I understand that all federal, state and local laws and regulations apply. By entering the Challenge, I agree that all issues and questions arising from or relating to the Challenge shall be governed by, and construed in accordance with the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Illinois. Any legal proceedings arising out of this Challenge must be instituted solely and exclusively in the federal or state courts located in Cook County in the State of Illinois, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising from or relating to the Challenge or the agreements I have made in connection therewith.
o. I understand that by submitting an Entry to the Challenge, I expressly consent that Sponsor may use the information submitted to contact me.
p. I understand that all Sponsor trademarks are property of Sponsor and its affiliates. Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the Challenge is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Challenge. This Challenge is in no way sponsored or administered by, or associated with, iRacing, or any party other than as expressly stated herein.
q. I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ALL TERMS HEREOF, INCLUDING THOSE RELEATING TO A FULL RELEASE OF LIABILITY AND RELEASE OF MY LIKENESS. I AM AWARE THAT THIS IS A CONTRACT BETWEEN MYSELF AND SPONSOR, AND THAT I AM SIGNING IT OF MY OWN FREE WILL.