America’s Electoral Map: 2012 Presidential Election Contest
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.