The OFFICIAL NASCAR MEMBERS CLUB™ "NASCAR® BIGGEST FAN 2009" OFFICIAL RULES

NO PURCHASE NECESSARY
VOID WHERE PROHIBITED BY LAW
ELIGIBILITY:

The Official NASCAR Members Club "NASCAR® Biggest Fan 2009" Contest (the "Contest") is open to residents of the 50 United States and the District of Columbia who are sixteen (16) years of age or older at time of entry. NASCAR, Inc. and its affiliates and each of their respective employees, directors, officers, shareholders, agents, members, personnel, and assignments; the employees of NMP, LLC, ZigZadZ, and each of their respective affiliates, subsidiaries, advertising, promotion and internet agencies and the immediate family and household members of such employees (including parents); and professional or former professional athletes are not eligible to participate in this contest. All federal, state and local laws regulations apply. Eligibility and participation is expressly conditioned on the acceptance of the Contest Official Rules (the "Official Rules") and Contest submission instructions and requirements at www.nascarbiggestfan.com at time of video submission, and acceptance of the Official Rules set forth at www.nascarbiggestfan.com ("Official Rules").

HERE'S HOW IT WORKS:

Create an original video ("Submission") specific to Your Best Race Viewing Party, Your Traditions on Race Day, or How you watch your NASCAR®. Please refer to Entry Requirements for added specifications pertaining to the Contest and then enter your video into the Contest by registering your account with ONMC/ZigZadZ. Videos must NOT contain or depict anything in a manner that is inappropriate, as outlined below. Videos must be in English, approximately 60-180 seconds, and no larger than 50mb. Your video will then be posted at www.nascarbiggestfan.com. Internet Users can begin voting on your video soon after your video has been posted, however these votes will not be the determining factor in the selection of the top 20 finalists and 4 prize winners. The top 20 finalist videos will be selected by the contest Sponsor and a panel of racing industry personnel will select the top 4 prize winners.

HERE'S HOW TO ENTER:

Step #1:

Visit www.nascarbiggestfan.com. Sign up for an ONMC/ZigZadZ account. There is no fee to create an account.

Step #2:

Log into your ONMC/ZigZadZ account at www.nascarbiggestfan.com. Upload your video, read and then check the Assent to Official Rules, Submission Requirements, Privacy Policy box and click "Add to Contest". You will be required to confirm your entry via a confirmation e-mail that will be sent to the e-mail address that you used to sign up for your ONMC/ZigZadZ account. Upon receipt of your return confirmation your video will be submitted into the Contest.

NOTE:

You must read and agree to the Official Rules and Privacy Policy or your video entry will not be included in the Contest.

IMPORTANT:

Be sure to save your video submission in the original format after uploading it to the website. If you are chosen as a winner, you will need to provide the ONMC with your video in its original format in order for the video to be used in any future advertising ventures. Failure to comply may result in disqualification and the selection of an alternate winner.

Entry REQUIREMENTS:

ALL VIDEO SUBMISSIONS MUST BE YOUR OWN ORIGINAL UNPUBLISHED WORK AND CANNOT CONTAIN, INCORPORATE OR REFERENCE ANYTHING THAT IS OWNED BY ANY THIRD PARTY OR ENTITY OR WOULD REQUIRE THE CONSENT OF ANY THIRD PARTY OR ENTITY IN ANY JURISDICTION.

Submissions must not contain defamatory words/statements (including words or symbols that are widely considered offensive to individuals of any race, ethnicity, religion, sexual orientation, or socioeconomic group); they must not include threats to any person, place, business, or group; they must not disparage persons or organizations associated with the Released Parties (defined below); they must not invade or violate publicity, privacy or other rights of any person, firm, entity, and they must not in any other way contain material that is unlawful, in violation of or contrary to all applicable federal, state, or local laws and laws or regulations in any state where video is created. Except as specifically noted herein, the Video Submission cannot contain any unacceptable clothing or adornments, or display any commercial/corporate advertising or similar material (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements) as determined by Sponsor, in its sole discretion. Submissions must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Submissions may not contain material that is inappropriate, indecent (including but not limited to nudity or pornography), profane, obscene, hateful, tortuous, slanderous or libelous and may not in any way reference persons or organizations without their written permission. The Video Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. The Sponsor and judges reserve the right in their sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Released Parties, the Contest or any other person or entity, or does not comply with the Submission Requirements or these Official Rules. Video Submissions must be suitable for presentation in a public forum, in sole determination of Sponsor

Not all Video Submissions will be posted on www.nascarbiggestfan.com. If ONMC/ZigZadZ deem that the video submission does not comply with the Official Rules of the Contest entrant's video will not appear on www.nascarbiggestfan.com or be eligible to participate in the Contest.

Should Video Submission contain any person(s) other than the entrant, entrant must receive prior written permission from other person(s) featured in video (or from parent/legal guardian if other person(s) featured are considered minors in their state of residence) for Sponsor to use their likenesses for publicity including posting on website(s). Written copies of such permissions must be made available to Sponsor upon request. Additionally, if entrant is considered a minor in his/her state of residence, entrant must receive written permission from his/her parent/legal guardian prior to submitting video to contest. Under no circumstances should PERSONS UNDER THE AGE OF FOURTEEN (14) APPEAR IN A VIDEO SUBMISSION unless submitted with written permission from their legal guardian. .

In addition, entrant must also receive prior written permission from each videographer, writer and producer of their video if the submitted video was taped, written and/or produced by someone other than the entrant himself. Entrant cannot appear in more than one of the up to 20 Finalist Submissions.
IMPORTANT: If entrant is selected as a Potential Finalist, any other person(s) appearing in the video will be required to sign a publicity release and/or if the Submission was taped, written and/or produced by someone other than the entrant, each such other contributor to the submitted video will be required to sign an Assignment of Rights and Publicity Release as set forth below.

Submissions should not include any personally identifiable information (i.e. last name, address, place of work etc.) of yourself or any other person(s) appearing in the video.

The Submission must meet the technical requirements for uploading video as specified below, also see FAQ’s for Submission Requirements. The Video can be in color or black and white; suggested video formats include MPEG, AVI, QUICKTIME and WMF.

The Submission should be approximately 60 to 180 seconds in length and no larger than 50mb. Videos must be in English. Videos must NOT contain or depict anything in a manner that is inappropriate, as outlined below

The video submitted for consideration cannot have been submitted previously in a contest or festival of any kind, or otherwise displayed to the general public (whether on the Internet or though any broadcast, satellite, cable or other media, including, but not limited to, MySpace, Facebook© and YouTube).

By submitting a video Submission, 1) entrant certifies, represents and warrants that the entry he/she submitted is his/her own original work and he/she holds all rights in or to the Submission and that the Submission has not been previously published, has not won a previous prize or award for the Submission (or a similar video or material) and that he has followed the Official Rules of the Contest. 2) if entrant is a minor, entrant certifies he has received parental permission to enter this contest and 3) entrant hereby grants all rights and title in and to the Submission, and without limiting the following, hereby consents to the online posting online of the Submission by Sponsor and its licensor and promotional partners (and their respective agencies) for pubic viewing and to any other commercial, promotional and/or advertising use of the Submission by Sponsor and its licensor and promotional partners (and their respective agencies).

Submissions may be submitted starting at 12:00am (EST), and must be received (uploaded) no later than 11:59pm on October 31st 2009. Submissions uploaded or received after such time will be void. You may enter up to five (5) Submissions from your ONMC/ZigZadZ account into the contest but each Submission must be different from previous entries. There is a limit of five (5) Submissions per person regardless of account used for entry.

JUDGING TO DETERMINE THE 20 FINALISTS:

All eligible entries received will be preliminarily judged by a panel of Sponsor and/or its representatives to determine up to twenty (20) Finalists. Each Submission must show Your Best Race Viewing Party, Your Traditions on Race day, OR How you watch your NASCAR®. All judging will be based on the following criteria ("Criteria"):

* Originality & Creativity - (50%)
* Overall Entertainment Value - (50%)

Submissions which have been removed or which are not otherwise capable of being viewed by Sponsor or the judges will not be considered.

Potential Finalists will be notified via a message to their Sponsor/ZigZadZ account and will be required to respond and provide their complete name, street address, city, state, zip code, email address and phone number within seven (7) days of attempted notification. Failure to comply may result in disqualification. Potential Finalists will then be required to complete and return the required Affidavits and Release. Limit one Finalist Submission per person.

THE 20 FINALISTS WILL BE CHOSEN ON NOVEMBER 22nd, 2009

ONLINE VOTING TO HELP DETERMINE THE WINNERS

Beginning at the "Open Voting" segment, the top 20 Finalist videos will be posted on www.nascarbiggestfan.com Website visitors will be given the opportunity to view each of the Finalist Submissions and will be able to indicate a rating of 1 to 5 stars for each Finalist. Each visitor may only vote for one submitted video during the Voting Period (defined below), but will be allowed to change his/her vote as often as he/she would like during the "Open Voting" period.

Voting Period commences at 12:00am EST on November 23rd, 2009 and ends at 11:59pm EST on January 6th 2010: votes (ratings) received by Sponsor outside of the Voting Period will not be counted. Voting is open to anyone over the age of sixteen (16).
The Finalist with the highest number of votes, Originality and Creativity, and Overall Entertainment Value as determined by The Sponsor and Judges will be deemed the Grand Prize Winner. Additionally, the judging panel will, in its sole discretion, select Second, Third and Fourth place winners based on the Criteria and the highest scores. These winners will receive a prize as set forth below.

The Four WINNERS WILL BE ANNOUNCED on January 19th, 2010 and invited to Daytona for the awarding of the prizes.

PRIZES:

GRAND PRIZE - $10,000
2nd place - $5,000
3rd place - $2,500
4th place - $1,000.

For more information on the prizes, go to www.nascarbiggestfan.com/prizes. The Contest is a contest of skill, not a game of chance. Therefore, it is not possible to determine any odds of winning.

GENERAL RULES:

Potential Finalists (or parent/legal guardian if potential Finalist is deemed a minor in his/her state of residence) will be required to complete an Affidavit certifying that the Submission is his/her own original work and he/she holds all rights to the Submission and all elements therein, he/she can grant all rights and title in the Submission to Sponsor as required hereunder, that the Submission has not been previously published, has not won a previous prize or award and that he/she has fully complied with the Official Rules, Submission Requirements and Terms and Conditions (the "Submission Affidavit"). Additionally, potential Finalist (or parent/legal guardian if potential Finalist is deemed a minor) will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and, if legally permissible, a Publicity Release. If video entry depicts persons other than the entrant and/or if the video was taped, written or produced by someone other than the entrant, the entrant must also submit a completed and signed Assignment of Rights and Publicity Release for each additional person depicted in the entrant’s video submission and/or videographer, writer or producer. The Submission Affidavit, Release(s) of Liability, Publicity Release(s) and Prize Acceptance Forms shall be collectively referred to herein as the "Affidavits and Releases". All documents must be completed and returned within (5) days of attempted delivery of same. Noncompliance within this time period or return of any prize/prize notification as undeliverable may result in disqualification and an alternate Finalist may be selected, time permitting. Winners will be notified by mail/phone/email. No substitution or transfer of prize by winner permitted. Sponsor reserves the right to substitute prize of equal or greater value. All applicable taxes are the sole responsibility of winner. If Grand Prize winner is unable travel on dates specified by Sponsor, it may result in winner’s disqualification and the selection of an alternate. Sponsor reserves the right to feature winner or another contest winner in a TV spot, at its sole discretion. In the event another winner is selected to appear in a TV spot, that winner will be required to travel on dates specified by Sponsor; winner will be responsible for any applicable taxes on the travel; winner will only receive the prize for which he was deemed the winner. If winner is a minor, winner’s parent/legal guardian will be required to accompany winner on trip and will be required to complete and return a Release of Liability prior to ticketing. All travelers must possess required travel documents (e.g., valid photo ID) prior to departure and must agree to depart and return on dates specified by ONMC; dates of departure and return are subject to change. Travelers are solely responsible for all other costs and expenses not specifically set forth herein, including but not limited to meals, additional transportation, souvenirs and other incidentals and items of a personal nature. By accepting prize, winner (or parent/legal guardian if winner is a minor) and winner’s guest agree to release, indemnify, defend and hold ONMC, NASCAR, Inc., NMP, LLC., ZigZadZ and each of their respective affiliates, and each of their respective directors, officers, employees, shareholders, members, partners, licensors, licensees, agents, personnel, and assigns (collectively, the "Released Parties"), harmless from and against any and all claims and liability arising out of participation in the Contest or prize related activity, or redemption or use of prize or any travel in connection therewith. Winner (or parent/legal guardian if winner is a minor) and winner’s guest assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any prize. Acceptance or use of prize constitutes permission for Sponsor and its licensor and promotional partners (and their respective agencies) to use winner’s (and winner’s guest name) name, city and state residence, voice and/or likeness for purposes of advertising and trade without further compensation, unless prohibited by law. By participating in this Contest, entrants (or parent/legal guardian if entrant is a minor) agree to be bound by the Official Rules, Submission Requirements and Terms and Conditions (including NASCAR, Inc., ONMC/ZigZadZ terms and conditions), and the Sponsor’s judges’ (as applicable) decisions which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. All material submitted by entrants, including the submitted video(s), shall be the sole property of Sponsor and will not be returned. Sponsor reserves the right to reproduce the Submission in full or edit and enhance the Submissions at its discretion. Sponsor is authorized to use Submissions as it sees fit, including usage in advertising and online without compensation. The Released Parties are not responsible for any typographical or other error in the printing of the Contest related materials, in the administration of the Contest or in the announcement of the prize(s). In no event will more than the stated number of prizes be awarded.

NOTICE TO ALL ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY CONTEST RELATED WEBSITE (INCLUDING THE WEBSITE OF SPONSOR, NASCAR, INC. OR ZIGZADZ OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION 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 INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

The Released Parties shall not be responsible for faulty, incomplete, garbled, misdirected, misrouted, delayed, incorrect or mistranscribed phone/e-mail transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Contest. The Released Parties assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. Sponsor reserves the right to cancel or modify the Contest if fraud, misconduct technical or other failures or any other events not within the reasonable control of Sponsor destroy the integrity of the Contest; or if computer virus, tampering, unauthorized intervention, bug, or other technical or other problem corrupts the administration, fairness, proper conduct, or security of the Contest as determined by Sponsor, in its sole discretion. Notice of such cancellation, suspension or modification will be posted at www.nascarbiggestfan.com. If technical malfunctions or suspect voting/irregularities corrupt the voting process, Sponsor reserves the right, in its sole discretion, to award prizes based solely on the Finalists judging scores or non-suspect votes. In the event of termination, a notice will be posted online and all eligible entries received prior to termination will be judged, per these Official Rules. In the event a dispute arises regarding specific individual entitled to receive prize, entry made by Internet will be declared made by the "authorized e-mail account holder." "Authorized e-mail 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.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Participant may be requested to provide Sponsor with proof that the participant is the authorized e-mail account holder of the e-mail address associated with the account/submission. Any damage made to the Contest websites will be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting Submissions or votes will not be deemed to be proof of receipt by Sponsor/ZigZadZ. Any use of robotic, automatic, programmed or the like methods of participation/voting will void all such Submission votes by such methods. Sponsor reserves the right to freeze or close an account or to prohibit the participation/voting of an individual/account holder if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

WINNERS:

For the names of the winners, visit www.nascarbiggestfan.com .

DISPUTES:

Except where prohibited by law, all disputes concerning this Contest will be governed by and construed in accordance with the laws of the State of North Carolina without regard to its choice of laws or conflicts of law provisions. Except where prohibited by law, each entrant (or parent/legal guardian if entrant is a minor) and winner’s guest agrees that any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any class action, exclusively by the courts located in Charlotte, North Carolina. Except where prohibited by law, each entrant (or parent/legal guardian if entrant is a minor) and winner’s guest further agrees that in any cause of action, the liability of Sponsor and the other Released Parties (if any) will be limited to the cost of entering and participating in the Contest, and in no event shall the Sponsor or the other Released Parties be liable for attorneys’ fees, punitive, consequential, direct or indirect damages and each entrant and winner’s guest waives the right to claim any damages whatsoever.



The Sponsor of this Contest is:
The Official NASCAR Members Club
8604 Cliff Cameron Drive
Suite 190
Charlotte, NC, 28269


NASCAR, Inc. is not a sponsor of this Contest. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc.