SUBMIT YOUR DERBY EXPERIENCE! Please read and accept the following Terms and Conditions before sharing your story with us. Terms and Conditions Any participation in this web site feature is purely voluntary and will be construed and governed according to the laws of the United States of America. 1. Description: The "My Derby Experience" feature ("Program") begins on April 12, 2004 and runs indefinitely as determined by the Program Administrator. 2. Eligibility: This Program is open to anyone regardless of race, nationality, gender or age. If a participant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering. 3. How to Enter: Follow the online instructions to complete and thereafter transmit a story form ("Form"). Information required on the Form includes of your First Name, Last Name, Email Address, Street Address, City, State, Zip, Phone (including area code), Gender, and Date of Birth, and a written composition describing, in 500 words or less, your "Derby Experience " (collectively, " Entry Information"). Participants agree to a perpetual non-exclusive license. Stories cannot be longer than 500 words and must be in the English language. Stories that are not reasonably pertinent to the story criteria (described below), as determined by Sponsor and/or representatives in their sole discretion, or are otherwise in violation of these Terms and Conditions will be disregarded. As determined by the Program Administrator and/or representatives in their sole discretion, Entry Information that includes obscenities, objectionable material, defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any third party's personal or proprietary rights will be discarded. Stories must not have been previously submitted to any other publication or entered in any competition or contest. 4. General Conditions: This Program is subject to these Terms and Conditions and all federal, state and local laws and regulations (collectively "Rules and Laws"). By entering the Program, entrants agree to waive any right to claim any ambiguity or error in the Rules and Laws and agree to be bound by these Rules and Laws and by all decisions of the Program Administrator, whose decisions are binding and final in all respects. By submitting Entry Information, each participant (or, his/her parent/legal guardian, if a resident of a jurisdiction that deems him/her to be a minor) assures Program Administrator that his/her Story is wholly original and his/her own creation, and that he/she is the sole owner of all rights (other than Program Administrator's) relating to Story. Program Administrator has the right to use, assign, modify, edit, adapt, dispose, and electronically alter Stories and Entry Information including, but not limited to, to appear in promotional and/or commercial materials, as well as to reproduce them in any other media (including published text), in whole or in part, without compensation or additional consent from participant or any third party. Each featured entrant may potentially be required to sign, execute, have notarized, and return an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively "Affidavit/Release"), which must be signed, notarized and returned within five (5) days after receipt or such Entry Information may be disregarded. Selected entrants may be required to complete and return within set time limits any other documentation that may be required by Program Administrator. Notwithstanding any future documentation signed by entrant, this submission constitutes among other things, a representation of the Story's authenticity and the entrant's willingness to share such Entry Information with the public, in any media deemed appropriate by the Program Administrator. Once submitted, all entries of any kind and their respective Stories (if applicable) become the sole property of the Program Administrator and will not be returned. Notwithstanding anything to the contrary in Program Administrator's privacy policy located at www.downandderby.com, except where prohibited by law, any entry into this Program and/or the selection of certain Stories constitutes permission of such entrant for Program Administrator to use, without notice or further compensation, worldwide, and in perpetuity, in any and all forms of media, now known and hereafter devised, including, without limitation, on the Web Site, such entrant's Story, first name, last name or initial, city and state. Program Administrator reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Program or the web site or any web site related to the Program; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with this Program will be ineligible for consideration and will be prosecuted to the full extent of the law. If, for any reason, the Program is not capable of running as originally planned, Program Administrator, at its sole discretion, reserves the right to cancel, suspend or modify the Program or any portion(s) thereof. In case of a dispute over the identity of an entrant who submitted Entry Information, the owner of the email account associated with that Story or entry may be deemed the entrant, at Program Administrator's sole discretion, must comply with these Official Rules and may be required to provide proof of ownership of the email account. 5. Release From Liability of Program Entities: Program Entities are not responsible or liable for multiple entries of any kind that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for any kind of entries that are illegible, late, destroyed, forged, lost, stolen, misplaced, misdirected, tampered with, incomplete, deleted, damaged, or otherwise not in compliance with these Official Rules and all such entries will be disregarded. By participating, each entrant (or, his/her parent/legal guardian, if a resident of a jurisdiction that deems him/her to be a minor) agrees that Program Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with this Program (including, but not limited to, the voting mechanism), human error; incorrect or inaccurate transcription of any kind of entry information; acceptance/possession, and use/misuse; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Program, web site, or any online service via the internet due to hardware or software compatibility problems; any damage to entrant's (or any third person's) computer and/or its contents related to or resulting from any part of this Program; and/or any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, even if caused by the negligence of the Program Administrator or one of the Program Entities. Program Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Program Administrator, or (3) by any other cause, condition or event whatsoever beyond the control of Program Administrator and other Program Entities. Each entrant (or, his/her parent/legal guardian, if a resident of a jurisdiction that deems him/her to be a minor) agrees to indemnify and hold harmless the Program Entities from any and all liability resulting or arising from the Program, including but not limited to, use of any submitted Story or any kind of entry into the Program, to release all rights to bring any claim, action or proceeding against the Program Entities, and hereby acknowledges that said Program Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any future selection of such Entry Information. 6. Program Administrator: Stonehaven Media, LLC. ©2005 Pinewood Derby, LLC. All rights reserved.