America’s
Electoral Map: 2012
Presidential Election Contest
OFFICIAL RULES
NO PURCHASE NECESSARY TO WIN. MAKING A
PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Entry into this Contest constitutes your
acceptance of these Official Rules.
1. DATES: This Contest (“Contest”) begins August
7, 2012 at Noon EDT and ends October 31, 2012 at 11:59PM EDT (“Contest
Period”). There are three prize periods (“Prize
Period”):
a)
August 7th
2012, through August 31st 2012 (“Period A”);
b)
August 7th
2012, through August 31st 2012 plus the calendar month of September
2012 (“Period
B”); and
c)
August 7th
2012, through August 31st 2012 plus the calendar months of
September, 2012 and October 2012 (“Period C”).
2. SPONSOR. Electoral Ventures, LLC, is the promoter and sponsor of the Contest (“Sponsor”). All
references in these Official Rules to Sponsor includes its affiliates, parents, subsidiaries, and marketing or
advertising agencies, and their respective directors, managers, officers,
employees, representatives, and agents.
3. ADMINISTRATOR. A person appointed by Sponsor will serve as the administrator (“Administrator”) of
the Contest and will be responsible overseeing the administration of the
Contest, for resolving any disputes that arise regarding violations or
interpretation of the Official Rules, and any other issues that might arise.
4. ELIGIBILITY: Failure of an entrant to meet all
eligibility requirements will result in disqualification of the entrant and
forfeiture of his or her prize. This Contest is open only to legal residents of the 50
United States and Washington, DC.
Entrants must be age 18 or older as of the date of the entrant’s
entry. Employees
and their immediate families, including household members of Administrator and Sponsor are
ineligible. Such excluded employees and/or family members may participate,
but will not be eligible to receive any prizes.
Each entrant must have
Internet access and a web browser. Each entrant must provide their name,
Zip Code and a valid email address. Entrants are encouraged, but not
required, to provide a telephone number. Each entrant
must be the Authorized Account Holder of the email account used in the
registration process. In the event of a dispute as to the
identity based on an email address submitted, the entry will be declared made
by the Authorized Account Holder of the email address submitted at the time of
entry. "Authorized Account Holder" is defined as the natural person
who is assigned to an email address by an Internet access provider, on-line
service provider or other organization (e.g., business, educational institution,
etc.) that is responsible for assigning email addresses for the domain
associated with the submitted email address.
Any
entry that is incomplete, late, or does not include a valid email address owned
by entrant, as the Authorized User, will be disqualified.
Each
entrant is limited to use of a single email account, and may make one (1) online
entry per day. Subsequent daily
entries determined to be from the same email address or multiple entries from
the same entrant using different email addresses will be invalid.
5. HOW TO ENTER: To
enter the Contest, visit www.270toWin.com during the Contest Period and prepare an eligible forecast map. A
map that is eligible for submission will display an active “Vote
Map” button. (See
Creating a Map and Scoring) Selecting the Vote Map button will open an entry
screen. An entry is submitted
when an eligible forecast map is submitted with the required entry information
(see section 4). Automated
entries (including, but not limited to entries submitted using any robot,
script, macro, or other automated service) are void. Proof of submission will not
be deemed proof of entry. Only eligible entries received electronically during
the Contest Period will be included in the prize drawing.
For
those without access to content created for Adobe Flash Player™, or users
who otherwise cannot or choose not to enter by submitting a map, an alternate
entry form is provided at http://www.270towin.com/americas-electoral-map-contest/alternate-entry-form/ (the “Alternate Entry Form”). The Alternate Entry Form also provides instructions for those who want to enter using the 270toWin Apple iPad App. Use of the Alternate Entry Form or entries made via iPad App will not influence your chances of winning.
Valid
entries will be entered into those Prize Periods corresponding to the date of
entry (Eastern Time) when they are electronically recorded by the Administrator.
6. CREATING
A MAP AND SCORING: This is a contest of expertise and skill. The winning entrants will be the
entrants who best use their knowledge of the 2012 presidential election within
the confines of the contest rules. If two or more entries receive the highest
score, the winning entrants will be determined by a Tie Break Score (see
section 6(f)). If two or more high
score entries tie with the highest Tie Break Score earned, the winning entrant
will be selected by a random drawing.
a)
Complete a map at
270toWin.com by choosing the popular vote winner for each of 50 states plus
Washington DC (“States”), plus the “Split Votes”
described below.
b)
In two states, Nebraska and Maine, a
single Electors is allocated within each Congressional district
and two Electors are chosen by statewide popular vote. Your entry
may allocate the Electors; of these two states in accord with
these rules if you wish (“Split Votes”).
Split Votes are not Congressional District-specific. As it is not mathematically possible for
the popular vote winner of these states to lose all Congressional Districts, a
maximum of two Split Votes in Nebraska and one in Maine may be allocated. See section 6(e) for an illustration of
scoring Split Votes in Nebraska and Maine.
c)
Select red for the
Republican candidate, or blue for the Democratic candidate. On the Alternate
Entry Form, select a Republican or Democrat from the respective columns
presented. Only entries where electoral votes for the Republican and Democratic
candidates total 538 are valid.
d)
An email confirming
receipt of each entry will be sent to the email given with the entry. This will include a URL of your
entered map. NOTE: This URL will include a unique
‘mapid’, which is case-sensitive.
e)
Scoring: Each entry will
earn one (1) point for each Elector allocated to a State reflecting the entrant’s
selection of the winning candidate. For Nebraska and Maine only, earned points
will be reduced if the entry does not correctly identify one or more Split
Votes. (For example, Nebraska
is worth 5 points. If the
Republican candidate wins the popular vote in Nebraska, while the Democrat wins
one district, an entry with no Split Votes or two Split Votes will receive 4
points, while an entry with one Split Vote will receive 5 points). The maximum score possible is 538
points.
f)
Tie Break Scoring: A
separate score (“Tie Break Score”) will be calculated, where one
(1) point will be earned for each state chosen correctly from the following:
Colorado, Florida, Iowa, Michigan, Nevada, New Hampshire, North Carolina, Ohio,
Pennsylvania, Virginia, Wisconsin.
The maximum score possible is 11 points.
g)
The
winner of a given State is that presidential candidate recognized on election
night (or thereafter if the election results are challenged) as receiving more
votes than any other on the ballot in the State.
h)
The
winner of each Congressional District in Nebraska
and Maine
is that presidential candidate recognized on election night (or thereafter if
the election results are challenged) as the popular vote winner in each such
Congressional District.
i)
If
there is any doubt as to the winner of a given State, that state’s
official Certificate of Ascertainment for the 2012 presidential election will
be used.
j)
Except
as described for Nebraska and Maine, all points will be awarded to the winning candidate
of each State.
k)
The
actual vote of the Electors in December, 2012 has no bearing on the contest;
entries will not gain or lose points due to unfaithful Electors or other events
that cause the popular vote winner of a state or states to receive a different
number of electoral votes than that assigned in the contest.
7. PRIZES AND
DETERMINATION WINNING ENTRANTS: Prizes will be awarded within 30 days of the determination of the winning entrants (see section 10). Four
$500 Amazon.com™ gift cards will be awarded as follows.
a)
Three
High Score Prizes: Subject to the rules described below, one
High Score Prize will be awarded in each Prize Period to the entry with the highest
score:
i.
Period A: One $500 Amazon.com™
Gift Card will be awarded to the highest score for all maps submitted during
Period A.
ii. Period B:
One $500 Amazon.com™ Gift Card will be awarded to the highest
score for all maps submitted during Period B.
iii. Period C:
One $500 Amazon.com™ Gift Card will be awarded to the highest
score for all maps submitted during Period C.
b)
One
First Perfect Map Prize: Subject to the rules described below, one
$500 Amazon.com™ Gift Card will be awarded to the “First Entry” that
earns a score of 538 points. If no
entry receives 538 points, this prize will be awarded as an additional Period C
High Score Prize. “First Entry”, means that entry earning a score
of 538 points that meets all eligibility requirements (see section 4) (the
“Perfect Map Entry”) that is submitted by the entrant via the Web
Site or the Alternate Entry Form during the Contest Period with an electronic
time stamp that is earlier than all other Perfect Map Entries.
c)
An entrant can only win
once. If an entrant wins a prize
all other entries submitted by that entrant will be excluded from the pool of
entries with respect to the award of subsequent prizes. If a single entry qualifies for more
than one prize, the order of prizes awarded will be as follows:
i.
First Perfect Map Prize;
ii. Period A High Score Prize;
iii. Period B High Score Prize; and
iv. Period C High Score Prize.
d)
Tie
Breakers: If more than one entry qualifies for a
High Score Prize, those entries will be given a Tie Break Score (see section 6(f)). If more than one entry remains tied after
the Tie Break Score is applied, the winning entrant will be chosen at random
from those entries. All random drawings
will be supervised by the Administrator, whose decisions on all matters with
respect to this Contest are final.
e)
Forfeitures
and Disqualifications: If for any reason a winning entrant
forfeits his or her prize or is disqualified, an alternate winning entrant will
be selected by application of the criteria set forth above, which excludes all
entries submitted by the forfeiting entrant.
8. NOTIFICATION: The Administrator will make reasonable efforts to contact
each winning entrant for a period of 7 days from the first attempt. Winning entrants will be notified by
email or by phone (if the entrant provides a phone number), as soon as
reasonably possible following completion of the scoring process. The return of any prize notification as
undeliverable (or a disconnected phone number with no forwarding number if a
phone number is provided) will result in disqualification and forfeiture of all
prizes and an alternate entrant will be selected. If for any reason an
entrant cannot be contacted by email or telephone (if applicable) within 7 days
of the initial attempt that entrant will be disqualified, will forfeit his or
her prize, and an alternate entrant will be awarded the prize. Entrants
may wish to add 270toWin.com to their email program’s list of
“approved” or “safe” senders.
9. ODDS: In the event of a tie, the actual odds of winning will vary
depending on the number of tied entries eligible to win a prize.
10. CLAIMING PRIZE: As a condition of claiming the prize, the winning entrant
must complete, sign, and return an affidavit of eligibility and liability
release within ten (10) days of notification. Failure to meet this requirement will
result in disqualification of the entrant and forfeiture of the winning
entrant’s prize, in which case the prize will awarded to an alternate entrant.
Notification will be deemed to have occurred based on the time
stamp of the email sent, or phone call made to the winning entrant.
11. PRIVACY: Personal information provided will not be shared with or
sold to any 3rd parties.
Email addresses will be used to send a confirmation of entry and to
contact winning entrants. If you
opt-in to receive updates from Sponsor your email will be used for that purpose
as well. You may unsubscribe at any
time. Phone numbers, if
provided by an entrant, will only be used to contact a winning entrant if he or
she cannot be contacted by email. By
participating in this Contest, you agree to the use by Sponsor of your submitted
entries for non-personally identifiable aggregation and marketing purposes, and
forever waive and release all rights and claims arising in connection with such use.
12. INTERNET: If for any
reason the 270toWin.com web site (the “Web Site”) is not capable of
running as planned, including infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures, or any other causes
beyond the control of Sponsor or Administrator which corrupt or affect the
administration, security, fairness, integrity, or proper conduct of this
Contest, Administrator reserves the right, at its sole discretion, to cancel,
terminate, modify or suspend the Contest. Administrator reserves the right, at
its sole discretion, to disqualify any individual who tampers with the entry
process. Sponsor and Administrator assume no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, entries or transactions. Neither Sponsor nor Administrator is
responsible for any problems or technical malfunction of any telephone network
or lines, computer on-line systems, servers, or providers, computer equipment,
software, failure of any transaction to be received on account of technical
problems or traffic congestion on the Internet or at any Web site, or any
combination thereof, including any injury or damage to participant's or any other
person's computer related to or resulting from participation or downloading any
materials in this contest.
13. LOST OR CORRUPTED
ENTRIES: Neither Sponsor
nor Administrator assumes any liability or responsibility for, and you hereby
forever waive any and all rights to any claim in connection with, lost, late,
incomplete, corrupted, stolen, misdirected, illegible or postage due entries or
mail if applicable; or for any computer, telephone, cable, network, satellite,
electronic or Internet hardware or software malfunctions, unauthorized human
intervention, or the incorrect or inaccurate capture of entry or other
information, or the failure to capture any such information. Neither Sponsor nor Administrator is responsible
for any incorrect or inaccurate information, whether caused by entry information
submitted by entrants or tampering, hacking, or by any of the equipment or
programming associated with or utilized in this Contest, and assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to the Contest.
14. DAMAGED PROPERTY: Neither Sponsor nor Administrator assume any
liability or responsibility for and you hereby forever waive and release any and
all rights to any claim in connection with, injury or damage to any entrant’s
or to any other person's computer or property related to or resulting from
participating in this Contest or downloading materials from this Contest.
CAUTION: ANY ATTEMPT BY AN ENTRANT
OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS
AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES
FROM ANY SUCH ENTRANT OR ANY OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY
LAW.
In
the event that the Contest is challenged by any legal or regulatory authority,
Administrator reserves the right to discontinue or modify the Contest, or to disqualify entrants
residing in the affected geographic areas. In such event, neither Sponsor nor Administrator shall
have any liability to any entrants who are disqualified due to such an action.
15. CONTEST ERRORS: Neither Sponsor nor Administrator assume any liability or
responsibility for and you hereby forever waive any rights to any claim in
connection with, errors and/or ambiguity: (a) in the Contest; (b) in any
related advertising or promotions of this Contest; and/or (c) in these Official
Rules including but not limited to errors in advertising, typographical or
other human or technical errors in the offer or administration of this Contest,
the Official Rules, the selection and announcement of the winning entrants or
the distribution of the prizes. In the event of any ambiguity(s) or error(s) in
these Official Rules, the Administrator reserves the right to modify these
Official Rules for clarification purposes or to correct any such ambiguity or
error(s) without materially affecting the terms and conditions of the Contest.
16. RELEASE AND INDEMNITY: Each entrant
in the Contest, including, without limitation, each winning entrant, hereby
releases and agrees to hold harmless Administrator and Sponsor from any and all
liability for any injuries, loss or damage of any kind to person, including
death, and property, arising in whole or in part, directly or indirectly, from
acceptance, possession, use or misuse of any prize awarded with respect to the
Contest, entry in this Contest and participation in any activity related to
this Contest.
17. LIMITATION OF LIABILITY AND
DISCLAIMER OF WARRANTIES: Neither Sponsor nor Administrator assume
any liability or responsibility for and you hereby forever waive any and all rights
to any claim in connection with, the selection and announcement of any winning
entrant, the distribution of any prize, the acceptance/possession and/or
use/misuse of any part of any prize, and/or any injury or damage to any
entrant's or third person's property related to or resulting from any part of
any prize or any part of this Contest.
IN NO EVENT WILL SPONSOR OR ADMINISTRATOR BE
RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO AND USE OF THE WEB SITE, THE ALTERNATE ENTRY FORM AND/OR THE CONTEST,
DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEB SITE, THE
ALTERNATE ENTRY FORM AND/OR THE CONTEST. IN NO EVENT SHALL SPONSOR'S AND
ADMINISTRATOR’S COMBINED, JOINT TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, ALL ASPECTS OF
THE CONTEST INCLUDING ALL PRIZES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED
WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE
LIMITATIONS OR EXCLUSIONS.
18. BINDING ARBITRATION. You,
Administrator, and Sponsor waive
all rights to trial in any action or proceeding instituted in connection with
these Official Rules, including, without limitation, the Contest. Any
controversy or claim arising out of or relating to these Official Rules and/or
the Contest shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in the State of Georgia, in the City
of Atlanta.
19. GOVERNING LAW AND
JURISDICTION. THESE OFFICIAL RULES AND THE
INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF GEORGIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS
RULES. For any matters which are not subject to arbitration as set forth in
these Official Rules and/or in connection with the entering of any judgment on
an arbitration award in connection with these Official Rules and/or the
Contest, the parties irrevocably submit and consent to the exclusive
jurisdiction and venue of the Georgia state located in the County of DeKalb, State
of Georgia or federal court located in the Northern District of Georgia. You agree not to raise the defense of
forum non conveniens.
20. LIST OF WINNING ENTRANTS: If you would like a copy of the winning
entrants’ list, please send a self-addressed stamped envelope to 270toWin,
P.O. Box 191045, Atlanta, GA
31119-1045 by March 31, 2013.
21. MAILING ADDRESS: The mailing address of Sponsor and
Administrator is P.O. Box 191045, Atlanta, GA 31119-1045.
22. AMAZON® IS NOT RELATED TO OR AFFILIATED WITH SPONSOR, OR THE
ADMINISTRATOR OF THE CONTEST IN ANY WAY, AND DOES NOT ENDORSE OR CONDONE THE
CONTEST IN ANY WAY.