ThermaCELL’s 2008 Ultimate Racing Sweepstakes
Official Rules and Regulations
VOID WHERE PROHIBITED BY LAW

NO PURCHASE NECESSARY TO ENTER OR WIN. You may enter for the prize (i) by clicking on a highlighted link on this website, or (ii) writing to “ThermaCELL’s 2008 Ultimate Racing Sweepstakes” on a 3"x5" postcard along with your name, address, phone and email address and mail it to: “ThermaCELL’s 2008 Ultimate Racing Sweepstakes,”  The Schawbel Corporation, 100 Crosby Drive, Bedford, MA 01730. Limit one entry per person. Incomplete entries are void. “ThermaCELL’s 2008 Ultimate Racing Sweepstakes” (the “Sweepstakes”) is sponsored by ThermaCELL (TMR) and its parent, The Schawbel Corporation (TSC). TMR and TSC will, in their sole discretion, make all decisions concerning all matters related to ThermaCELL’s 2008 Ultimate Racing Sweepstakes, including any alterations or discontinuation of the sweepstakes. The Sweepstakes is valid from March 1, 2008 through December 1, 2008. All valid entries must be postmarked by December 1, 2008 and received by December 10, 2008.

GRAND PRIZE:  A NASCAR’s fan’s dream trip to the 2009 Spring Talladega Race Weekend.  The prize will include two (2) tickets to the Aaron’s 312 NASCAR Nationwide Series race scheduled to be held on Saturday, April 25, 2009, two (2) tickets to the Aaron’s 499 NASCAR Sprint Cup Series race scheduled to be held on Sunday, April 26, 2009 plus tickets to all the qualifying events; all above mentioned events scheduled to be held at Talladega Superspeedway®;  one hotel room for Friday, Saturday and Sunday night of the race weekend; roundtrip airfare from the international airport closest to the winner’s residence to Atlanta, Georgia; and a VIP race tour before the Sprint Cup Sunday race which includes a tour of the garage and pit road and a trip to victory lane. Total number of prizes to be awarded is one (1). Total approximate retail value of the grand prize is $2,365 (U.S. dollars).  In order to claim any prizes, additional waivers and/or releases of liability required by Talladega Superspeedway, LLC and/or any applicable sanctioning body shall also be required as appropriate.  Pit and garage access are subject to the rules and regulations of Talladega Superspeedway, LLC and the sanctioning body.  Other than as specifically provided above, TMR and TSC will not be liable for any additional obligation whatsoever, including without limitation, due to any schedule changes in the above mentioned events, due to scheduling conflicts, labor strikes, Acts of God, or other unforeseen events that disrupt the above mentioned event schedules.

FIRST PRIZE:  ThermaCELL Product Gift Basket. Total number of prizes to be awarded is three (3). Total approximate retail value of the first prize is $100 (U.S. dollars). 

ELIGIBILITY: This Sweepstakes is open only to legal residents of the U.S. (excluding Puerto Rico) who are 18 years of age or older at the time of entry. Employees of Talladega Superspeedway, LLC, TMR and TSC and their subsidiaries, affiliates, prize suppliers, advertising and promotional agencies and partners are ineligible, as are those individuals' immediate families and individuals living in the same household. All federal, state and local laws and regulations apply. VOID WHERE PROHIBITED BY LAW.

GENERAL CONDITIONS: Odds of winning depend upon the number of entries received. Purchasing a product will not increase the odds of winning. The winners will be selected by random drawing on or about December 15th, 2008 from among all eligible entries received. All prize drawings will be conducted at TSC offices located at 100 Crosby Drive, Bedford, MA 01730. All prizes will be awarded. Prizes are not transferable and cash equivalents are not available. No substitution of prizes is permitted, except by TMR or TSC due to prize unavailability at time of award. TMR and TSC reserve the right to substitute prizes of equal or greater value. If due to an error, more prizes are claimed than are intended to be awarded; the intended prize will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. In no event will more than the stated number of prizes be awarded. Potential winners will be randomly selected and notified via E-mail or telephone. In the event that a prize is not claimed, a random drawing will be held from among all eligible entrants. All federal, state, and local taxes, fees and surcharges, premiums, insurance, care rental, fuel, food and beverage, insurance and other incidental charges on or associated with the prize are the sole responsibility of the prize winners. Winners shall be solely responsible for any incidental costs associated with claiming prizes. Prize winners may be required to submit valid identification to TMR or TSC and to execute and return an Affidavit of Eligibility/Release of Liability/Prize Acceptance/Publicity Release within seven days from acceptance of a prize. Failure to comply within this time period may result in forfeiture and an alternate winner will be selected, according to the procedures set forth. Acceptance of a prize constitutes permission for TMR and TSC and their advertising and promotional agencies to use the winner's name, statements and likeness (including publishing his/her legal name and state of residence online and in print, or any other media, in connection with this sweepstakes) for advertising and publicity purposes, without additional compensation, unless prohibited by law. TMR and TSC are not responsible for lost, late or misdirected mail-in entries or transactions, for incorrect, inaccurate or incomplete entry information or data entry of mail-in entries, whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. All information contained in the entries becomes the property of TMR and TSC and will not be returned. By entering, entrants release and hold harmless TMR, TSC, Talladega Superspeedway, LLC, its parent, subsidiaries and affiliated companies and their respective shareholders, members, subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives from any and all liability for any injuries, loss, claim, action, demand or damage of any kind arising from or in connection with this Sweepstakes or any prize won, any misuse or malfunction of any prize awarded, participation in any Sweepstakes related activity, or participation in this Sweepstakes. TMR and TSC are not responsible for any typographical or other human or technical errors in the offer or administration of this contest, including but not limited to errors in advertising, the official rules or the distribution of the prizes. Entrants agree to allow TMR and TSC the right to use the collected names, addresses, phone numbers and e-mail address for their own future mailing and marketing purposes. Data will not be sold to a third party. By participating, entrants agree to be bound by these Official Rules and Regulations, which shall be final and binding in all respects.. For a Winners List, send a self-addressed stamped envelope to “ThermaCELL’s 2008 Ultimate Racing Sweepstakes Winners List, The Schawbel Corporation, 100 Crosby Drive, Bedford, MA 01730

Talladega Superspeedway, LLC is not a sponsor of this promotion. Talladega Superspeedway® and its logo are registered trademarks and are used with permission.

INTERNET: If, for any reason, the Internet portion of the Sweepstakes is not capable of running as planned, whether due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of TMR or TSC which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this contest, TMR or TSC reserves the right, at their sole discretion, to disqualify any individual who causes such problems, and to cancel, terminate, modify or suspend the contest. Such improper conduct includes, but is not limited to, falsifying personal information required during contest registration or prize claim, violating any term or condition stated herein, allowing others to use the entrant's personal information for the purpose of tampering with TMR or TSC's administration of this promotion, or intentionally trying to defraud, reverse engineer, disassemble, de-compile or otherwise tamper with the computer programs on this website. TMR and TSC do not assume any 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. TMR and TSCI are not 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 e-mail entry or mail-in data entry transaction to be received on account of human error, 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. CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TMR AND TSC RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW. Any entry that is incomplete or late will be disqualified. In the event that the Sweepstakes is challenged by any legal or regulatory authority, TMR and TSC reserve the right to discontinue or modify the Sweepstakes, or to disqualify participants residing in the affected geographic areas. In such event, TMR and TSC shall have no liability to any players who are disqualified due to such an action.

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL SWEEPSTAKES RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR TMR OR TSC IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.  THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. EACH PERSON WHO PARTICIPATES IN THIS SWEEPSTAKES AGREES THAT THE STATE AND FEDERAL COURTS LOCATED IN BOSTON, MASSACHUSETTS  SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THESE SWEEPSTAKES RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR TMR OR TSC IN CONNECTION WITH THE SWEEPSTAKES AND EACH HEREBY WAIVES ANY CLAIM THAT IT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.

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