Official Rules

NISSAN TITAN OF TEXAS CHALLENGE
SPONSORED BY NISSAN NORTH AMERICA, INC.

NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW. PLEASE READ THESE OFFICIAL RULES CAREFULLY AS THE OFFICIAL RULES REQUIRE THAT PARTICIPANT WAIVES THE RIGHT TO A JURY TRIAL AND THAT DISPUTES ARISING OUT OF OR RELATING TO THIS CHALLENGE BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE. 

1. Participation Period: The “Nissan Titan of Texas Challenge” (“Challenge”) takes places every Saturday and Sunday during the 2017 State Fair of Texas beginning Saturday, September 30, 2017 and ending Sunday, October 22, 2017, collectively the (“Challenge Period”). Online registration for the Challenge begins at 12:00 PM Central Time (“CT”) on August 1, 2017.

2. Eligibility:   The Challenge is open to persons legally and physically residing in one of the 50 United States or the District of Columbia who:  (i) are at least the age of majority in their state of residence at time of entry: 18 years of age in most states, 19 in Alabama and Nebraska, 21 in Mississippi; and (ii) weigh 275 pounds or less  at time of participation in Challenge and are physically able to participate in the mental and physical activities associated with the Challenge. In addition, participants must not be a party to any agreement that might present a conflict or interfere with participant’s participation in the Challenge, including membership in any guild or union that may prohibit such participant from participating fully in the Challenge or from allowing Sponsor to use or license any photographs or footage that includes such individual for the uses specified herein. Sponsor reserves the right, in its sole discretion to disqualify any participant who is under any agreement which Sponsor deems to be in conflict with the Challenge.  

Employees of Nissan North America, Inc. (“Nissan” or “Sponsor”) are eligible to participate in Challenge. Sponsor and The Marketing Arm Inc. (“Administrator”), and their respective parent companies, affiliated companies, subsidiaries, employees, agents, directors, officers, franchise owners, representatives, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Challenge, and their respective agents, employees, officers, directors, successors and assigns, together with the Sponsor and Administrator are herein referred to as (“Challenge Entities”). Challenge Entities (and their immediate families ( i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings) and their respective spouses, and those living in the same household, whether or not related, are not permitted to participate in Challenge, with the exception of employees of Sponsor or its affiliated companies, as they are eligible to participate in Challenge. 

By participating in this Challenge, participants: (i) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor and Administrator; (ii) acknowledge compliance with these Official Rules; (iii) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (iv) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (v) agree to indemnify and hold harmless Challenge Entities from and against any and all liability arising out of or relating in any way to participant’s participation in Challenge and to release all rights to bring any claim, action or proceeding against Challenge Entities. This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or any other harm, suffered directly or indirectly from participant’s participation in Challenge or the receipt or acceptance, redemption, possession, use or misuse of the Prizes (hereinafter defined), and for any claim, including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action. All interpretations of these Official Rules and decisions made by Sponsor and Administrator relating to the Challenge are final and binding. 

PHYSICAL CONDITION: Participant should be in good physical condition and be mentally and physically able to participate in the activities associated with the Challenge.  

BY PARTICIPATING IN THE CHALLENGE, PARTICIPANT ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN PARTICIPATING IN THE CHALLENGE, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE CHALLENGE IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT THE CHALLENGE ENTITIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH. 

3. Challenge Overview:  The Challenge takes place at the Nissan footprint within the main gate at the 2017 State Fair of Texas located in Fair Park in Dallas TX – 3921 Martin Luther King Jr. Blvd., Dallas, TX 75210 (“Site”)

Participants can participate in Challenge as either an individual and additionally as part of a team of four (4) participants two (2) females and two (2) males), each a (“Team”). Participants that participate as part of a Team are eligible (subject to verification and compliance with the Official Rules) for both an individual Prize based on their Category (hereinafter defined) and for the Overall Team Prize. 

Participation in the Challenge consists of participants attempting to complete a six (6) stage obstacle course, and a tie- breaker obstacle, both as further described herein, (“Obstacle Course”) designed by Sponsor with the objective of completing all six (6) stages of the Obstacle Course and completing all of the stages in the fastest overall time, or fastest overall aggregate Team time if participating as part of a Team, and for the tie-breaker obstacle, the number of correctly performed pull-ups within a 30 second period, while abiding by all terms and conditions of these Official Rules, including the Obstacle Course Rules, as specified herein, as determined by Sponsor and Administrator in their sole discretion. The official time clock will start when a participant hits the start button  after the participant is given a  signal to start run by Sponsor.  The Sponsor’s time clock will be the official time keeping device for this Challenge. In addition, Sponsor will be videotaping each participant’s Challenge run. In the event of a malfunction of the time clock mechanism, Sponsor shall use the method best suited to reach a fair result, as determined by Sponsor in its sole discretion which may involve manual timing by stopwatch, review of the videotape or other means. No participant may run, or attempt to run, the Obstacle Course more than one (1) time throughout the entire Challenge Period. See the Obstacle Course section below for exceptions on the number of attempts per participant per each individual obstacle. 

Participant acknowledges that Sponsor, in its sole discretion, may delay, modify or cancel the Challenge if any such conditions, natural or manmade, make administering the Challenge unreasonably difficult or unsafe, or for any other reason, and understands that he/she may not be entitled to participate in the Challenge at a later date or time and is not entitled to any compensation of any kind due to any such cancellation.

The Challenge will run during the following time slots during the Challenge Period:

Saturday: September 30, 2017 – 10:00 AM - 7:00 PM CT
Sunday: October 1, 2017 - 10:00 AM - 7:00 PM CT
Saturday: October 7, 2017 - 10:00 AM - 7:00 PM CT
Sunday:  October 8, 2017 - 10:00 AM - 7:00 PM CT
Saturday: October 14, 2017 - 10:00 AM - 6:00 PM CT
Sunday: October 15, 2017 - 10:00 AM - 6:00 PM CT
Saturday: October 21, 2017 -10:00 AM - 6:00 PM CT
Sunday: October 22, 2017 - 10:00 AM - 6:00 PM CT

Days and time slots are subject to change in Sponsor’s sole discretion.

Categories:

During the Challenge registration process specified in Section 5  herein, registrants will be placed within one (1) of the following categories based on their age and gender, each a (“Category”). 

Male (Individual) 18-29 years of age
Female (Individual) 18-29 years of age
Male (Individual) 30-39 years of age
Female (Individual) 30-39 years of age
Male (Individual) 40-49 years of age
Female (Individual) 40-49 years of age
Male (Individual) 50+ years of age
Female (Individual) 50+ years of age

Team- In addition, each participant will be given the opportunity during the registration process to indicate if they want to be part of a Team. A Team can be made up of participants from any Category but must include two (2) female and two (2) male participants. 

4. Obstacle Course and Obstacle Course Rules: 

The Challenge tentatively consists of the following six (6) individual obstacle challenges and one (1) tie-breaker challenge, each an (“Obstacle” and collectively “Obstacles”). Obstacles are subject to change at Sponsor’s absolute and sole discretion. Each participant will get one (1) attempt at each Obstacle with the exception of the Warped Wall Obstacle wherein participant will get up to three (3) attempts to complete that Obstacle. 

Angle Run: Participants run or jump upon an angled ramp, leaning left while they trace an arc across a transparent plane. Too little lean may mean a slip and too much lean can cause an early exit.

Jumping Spider: Participants launch off an angled trampoline into an alley between walls, and stop themselves using their hands and feet. From there, using their upper and lower body strength, continue climbing through the alley to the distant platform.

Log Grip: Participants tug on a retrieval rope to bring a heavy log within reach, then participants wrap themselves around the rope to zip across the expanse. It’s a test of grip, whether arms or legs or both.

Traverse Hanging Spikes:  Participants climb or swing across the spikes to the distant platform. The spikes rotate in one plane and are arrayed in various orientations providing a unique challenge in momentum management.

Traverse Door Knobs:  Participants climb across to the distant platform by grasping the door knobs. The door knobs spin freely and grasping them without a strategy creates unique challenges.

Warped Wall: The Warped Wall tests speed, power and quickness and sits 14’ high. Participants must get up the wall in three (3) tries or fewer and hit the buzzer to stop the clock.  

Tie- Breaker Pull-Ups: Participants mount the bar and proceed to do pull ups without a kip. Grip positions are up to each participant. Participant’s chin must clear above the bar and they must come completely down to starting position (full extension in resting hang position) then start to pull chin to over the bar.

Obstacle Course Rules: Obstacle Course Rules are subject to change at Sponsor or Administrator’s discretion. In addition, each individual Obstacle may have its own set of Obstacle specific rules which will be provided by Sponsor or Administrator verbally at time of participation. The Obstacle Course Rules and any Obstacle specific rules will hereinafter collectively be referred to as (“Obstacle Course Rules”). Failure to comply with the Obstacle Course Rules will result in disqualification from the Challenge at Sponsor’s sole discretion.   

It is participant’s responsibility to determine if they are in good enough mental and physical condition to participate in Challenge. Sponsor and/or Administrator reserve the right at any time to disqualify a participant if they determine, in their sole discretion, that such participant is not mentally or physically fit to participate, or continue to participate in Challenge. Sponsor’s decisions are final and not appealable. 

Participants will be briefed on safety requirements onsite prior to participation in Challenge. Failure by a participant to comply with safety requirements may result in participant’s disqualification from Challenge.

Possession of alcohol and/or the consumption of alcohol is not permitted on Site and anyone found with alcohol in their possession or suspected of being under the influence of alcohol will be disqualified from Challenge. 

Any participant behaving in a disorderly or disruptive manner, breaking or attempting to break the Obstacle Course Rules, cheating or attempting to cheat, or participating in or causing any unfair participation practices, or intending to abuse, threaten or harass any other participant, may be asked to leave the Site and be disqualified from the Challenge as determined by Sponsor in its sole discretion. 

Each participant will only get one (1) chance to participate in Obstacle Course and that one (1) chance must be completed within six (6) minutes or the participant will be disqualified.

Participants must be barehanded and are prohibited from using any props, equipment or any other aid (other than what may be provided by Sponsor) including but not limited to; gloves, spray,  or tape, in the run of the Obstacle Course. 

Participants will be given a  signal by Sponsor indicating that participant is permitted to start the run of the Obstacle Course. This may be a “Go” signal or a similar signal from Sponsor. Participants may not start the Obstacle Course before receiving that signal from Sponsor or participant is subject to disqualification as determined by Sponsor or Administrator in their sole judgment.

Participant must complete, or attempt to complete, all of the six (6) obstacles in successive order. 

Participant must stay on the Obstacle Course at all times other than to access the chalk bucket provided by Sponsor for participation in the Traverse Hanging Spikes and Traverse Door Knobs  Obstacles. If participant is not on, or falls off, any portion of the Obstacle Course (i.e.  platforms, trampolines, walkways) at any time,  participant will not be allowed to continue with that Obstacle of move on to the next Obstacle. 

Any participant using any portion of the Obstacle Course not intended for use by a participant to complete the Obstacle Course will be disqualified from Challenge. 

At the end of the Obstacle Course on the final platform, participant must hit the buzzer to stop the clock.  Stopping the clock is participant’s responsibility. Failure to hit the buzzer will result in added time to participant’s run time. Sponsor or Administrator will not make adjustments to participant’s time based on participant’s delay or failure to hit the buzzer.

Sponsor may at Sponsor’s sole discretion stop the Challenge at any time and for any reason, including, without limitation, inclement weather or other safety issues, in such event, Sponsor may at Sponsor’s discretion choose to restart the Challenge or take any other course of action that Sponsor determines is necessary or desirable for the fairness and spirit of the Challenge. 

5. To Register Online: The Challenge will take place every Saturday and Sunday of the 2017 Texas State Fair beginning on September 30, 2017 and ending on October 22, 2017. Registration is based on participation date and time and is on a first-come, first-served basis.  Fifteen (15) participants will be accepted for each time slot specified in Section 3 herein.  

Online registration commences at 12:00 PM CT on August 1, 2017 and will end the earlier of: (i) when all time-slots have been filled; or (ii) 10:00 AM CT on October 22, 2017. To register participant must: (i) visit www.titanoftexaschallenge.com (“Website”) and create an online account; (ii) select an available date and time slot and indicate if they want to be part of a Team by providing the names of the participants to be included in that Team (each member of Team does not have to participate in Challenge on the same date and time); (iii) complete the registration form, including providing participant’s date of birth and gender; and (iv) agree to the terms and conditions of the Official Rules. Only fully completed registration forms will be accepted, Participants will have the ability, while registration is still open, to change their selected participation date and time slot by logging back in to  Website,  provided the new date and time slot is still available. Each participant will automatically be placed into a Category based on their date of birth and gender.  Participant will receive one (1) confirmation email after registering for Challenge and an additional confirmation email for each change made to original registration.   These registrants will have a complimentary ticket to the 2017 Texas State Fair available for them at the will-call window on the day of their selected participation. Participants are responsible for making all arrangements necessary to participate in Challenge. Any transportation and lodging are solely the participant’s responsibility. 

To Register Onsite: Participants will also have the opportunity to register for Challenge at the Site if any time slots are still available. This registration will only be available for that day and only if time slots are available for that day. 

If it is suspected that an individual uses multiple e-mail addresses to submit more than one (1) registration, only one (1) registration will be considered.  In the event of a dispute over who submitted a registration, the “authorized account subscriber” of the e-mail account used to participate in the Challenge at the actual time of registration, will be deemed to be the registrant. The “authorized account subscriber” for online registrations is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor.  Proof of registration will not be deemed to be proof of receipt of registration by Sponsor.

All information submitted by participants is subject to and will be treated in a manner consistent with Nissan’s Privacy Policy accessible at http://www.NissanUSA.com/global/privacy.html.  By participating in Challenge, participants hereby agree that Nissan may collect and use their personal information in compliance with its Privacy Policy and acknowledge that they have read and accepted the Nissan Privacy Policy.  

6. To Participate: Participants must arrive at the Site at least fifteen (15) minutes prior to their scheduled time slot. Prior to participating in Challenge, each participant must: (i) prove eligibility, including, without limitation, showing proof of age, residence and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification; (ii) submit to a weight check;  and (iii) sign and submit a Waiver and Consent Form. Failure to agree to agree to any of these requirements will result in disqualification from Challenge. Sponsor and/or Administrator will decide order of participant participation and when the participant’s name is called they are then required to begin the Obstacle Course. Upon completion of the Obstacle Course and prior to the tie breaker challenge, participant must hit the buzzer to stop the clock for their official time. Each participant will get one (1) opportunity to participate in the Obstacle Course.   

7. Scoring: Participant’s Obstacle Course runs will be recorded and watched and scored by athlete Miles Knupp (“Judge”). Times will be recorded as follows: 00:00:00 (in minutes, seconds and milliseconds). 

Scoring will be as follows: The time it takes the participant to run and successfully complete the entire Obstacle Course with the objective of completing the Obstacle Course and completing all of the stages, with the exception of the tie- breaker challenge stage, in the fastest overall time. If no participant completes the Obstacle Course, then the fastest time to the furthest Obstacle completed, or in the case of a participant that makes it to the Warped Wall Obstacle, the total amount of time expended to get to the furthest stage reached of the Warped Wall Obstacle, will be used to determine the applicable Winner (hereinafter defined).  If a participant falls or fails to complete an Obstacle for any reason, other than the Warped Wall Obstacle in which the participant will be allowed three (3) attempts, in accordance with these Official Rules, the participant will be immediately stopped and not allowed to continue with that Obstacle or move on to the next Obstacle. The five (5) participants with the fastest scores in their applicable individual Category will be determined to be a winner (subject to verification and compliance with these Official Rules). In the event of a tie or dispute or for any other reason that Judge deems necessary, the Tie –Breaker Pull Ups score of the tied participants will be used to determine the applicable winner.

In the event there is a tie in the Tie Breaker Pull-Ups Obstacle score, the tied participants will be required to answer unaided and timed via telephone a multiple choice trivia question. 

For Team Scores: All four (4) Team members will run the Obstacle Course individually, and the time it takes each Team member to run and successfully complete the entire Obstacle Course will be recorded and aggregated into one (1) overall master time score for that Team. If all, one or some members of a Team do not complete the Obstacle Course then the same scoring rules as specified directly above will apply to each individual Team member and the Team that collectively has the fastest overall time will be deemed the winning Team (subject to verification of each Team member and each Team member’s compliance with these Official Rules).  In the event that a participant that is a member of a Team is disqualified from the Challenge, the remaining members of that applicable Team can continue to participate in Challenge only as an individual participant and will no longer be eligible for the Overall Team Prize.  

The application of the judging and scoring process shall be in the sole and absolute discretion of the Judge and his decisions will be final, binding and non-appealable. Challenge Entities and Judge disclaim any liability form any participant and participants agree to waive any claims against Challenge Entities and Judge relating to the scoring or prize awarding process.   

8. Prizes: The following Prizes will be awarded for each Category.   The Overall Male and Overall Female Winners are not eligible to win a prize in their age group Category in addition to an Overall Male or Female Prize.  The Overall Prize Team Winners are  eligible to win a prize in their age group Category in addition to the Overall Prize Team. 

Overall Male Prize: The one (1) male with the fastest overall time score will receive $15,000.

Overall Female Prize:  The one (1) female with the fastest overall time score will receive $15,000.

Overall Team Prize: Each member of the one (1) Team with the fastest overall aggregate time score will each receive $3,750. 

Male 18-29 Years Individual Prize: These five (5) Winners will each receive one (1) Prize as follows based on their overall time score ranking in this Category:  

First Place: $1,000
Second Place: $750
Third Place: $500
Fourth Place: $250
Fifth Place: $100

Female 18-29 Years Individual Prize: These five (5) Winners will each receive one (1) Prize as follows based on their overall time score ranking in this Category:  

First Place: $1,000
Second Place: $750
Third Place: $500
Fourth Place: $250
Fifth Place: $100

Male 30 -39 Years Individual Prize: These five (5) Winners will each receive one (1) Prize as follows based on their overall time score ranking in this Category:  

First Place: $1,000
Second Place: $750
Third Place: $500
Fourth Place: $250
Fifth Place: $100

Female 30-39 Years Individual Prize: These five (5) Winners will each receive one (1) Prize as follows based on their overall time score ranking in this Category:  

First Place: $1,000
Second Place: $750
Third Place: $500
Fourth Place: $250
Fifth Place: $100

Male 40-49 Years Individual Prize: These five (5) Winners will each receive one (1) Prize as follows based on their overall time score ranking in this Category:  

First Place: $1,000
Second Place: $750
Third Place: $500
Fourth Place: $250
Fifth Place: $100

Female 40-49 Years Individual Prize: These five (5) Winners will each receive one (1) Prize as follows based on their overall time score ranking in this Category:  

First Place: $1,000
Second Place: $750
Third Place: $500
Fourth Place: $250
Fifth Place: $100

Male 50 + Years Individual Prize: These five (5) Winners will each receive one (1) Prize as follows based on their overall time score ranking in this Category:  

First Place: $1,000
Second Place: $750
Third Place: $500
Fourth Place: $250
Fifth Place: $100

Female 50 + Years Individual Prize: These five (5) Winners will each receive one (1) Prize as follows based on their overall aggregate time score ranking in this Category:  

First Place: $1,000
Second Place: $750
Third Place: $500
Fourth Place: $250
Fifth Place: $100

All the Prizes above will hereinafter collectively be referred to as (“Prize” or “Prizes”).  The total value of all of the Prizes available to be won is $65,800. All Prizes will be awarded in the form of a check payable to Winner. 

9. Publicity Release: By participating in Challenge, each participant grants to Sponsor, and its representatives, affiliates, licensees and assigns, the right and permission to record, film, videotape and photograph the participant (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and any applicable Prize information and any other attributes of participant, individually or with others, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, or a Challenge Winner List or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law. 

10. Winner Notification:  On or about November 15, 2017 the Judge will select up to forty (40) individual Winners and one (1) winning Team. Administrator will make up to three (3) attempts over a seventy-two (72) hour period following each Winner’s selection to contact the potential Winner via the telephone number provided at time of registration and by registering for the Challenge the participant hereby grants permission to be contacted via telephone.  If a potential Winner cannot be reached directly within the time frame specified and/or does not meet the eligibility requirements, the potential Winner will be disqualified and the participant from the applicable Category next in contention for Winner designation will be determined to be the alternate potential Winner. 

11. Winner Verification: To be eligible to be declared a Winner and to receive the Prize, the potential Winners must sign and return to Sponsor and/or Administrator, within three (3) days of issuance of  such documentation from Administrator or Sponsor: (i)  a complete and valid IRS Form W9; and (ii) an Affidavit of Eligibility and Release that: (a) releases  Challenge Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Challenge, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize; and (b) except where prohibited by law, grants Challenge Entities the right to use  potential Winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Entry into Challenge constitutes agreement to sign such release. If a potential Winner does not sign this release and return it within the time frame specified, the potential Winner may be disqualified and the Prize forfeited. When such documentation is properly executed and providing potential Winners are otherwise in compliance with the Official Rules, potential Winners will each be determined to be a Challenge winner (“Winnerand collectivelyWinners”). 

Winners must also complete any additional legal documents provided by Administrator or Sponsor with respect to the Prizes and return them as instructed within the time frame specified or Winner may forfeit Prizes at Sponsor’s sole discretion. If a potential Winner is unable to participate in or accept the Prize or any portion of the Prize for any reason, Winner privileges will be terminated and Sponsor reserves the right to select a participant from the applicable Category next in contention for Winner designation to be the alternate Winner, even if the disqualified Winner’s name may have been publicly announced. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules or fails to execute the documentation within the time frame specified. Prize or Prize documents returned as undeliverable will result in forfeiture of Prize. Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary. 

By participating in Challenge, Winners acknowledge that Challenge Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners will be responsible for obtaining and paying for any form of insurance relating to the Prizes that Winners deem appropriate.   

12. Prize Terms: The dates for fulfillment of the Prizes will be on or about January 2018, but subject to change in Sponsor’s sole discretion. If for any reason any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Challenge in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner. Challenge Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prizes. All costs and expenses not specifically listed above as part of the Prizes are solely Winner’s responsibility. PRIZES ARE PROVIDED “AS IS”. PARTICIPANTS ACKNOWLEDGE THAT CHALLENGE 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 THE PRIZES AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in online television, print advertising, and other Challenge materials are for illustrative purposes only.  Arrangements for the fulfillment of the Prizes will be made by Administrator and/or Sponsor.   

13. Taxes: All Winners with Prize values of $600 and over must supply Sponsor and/or Administrator with their social security number. An IRS Form 1099 will be issued in the name of Winner for the actual value of the Prize awarded if the actual value of Prize is $600 or over. All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility. 

14. General Terms: Challenge Entities are not responsible if Challenge cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Challenge Entities. If, for any reason Challenge is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Challenge Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Challenge,  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Challenge or any part of the Challenge. If Challenge or any part of the Challenge is terminated or modified prior to the end date of the Challenge, notice will be posted on www.titanoftexaschallenge.com.  Sponsor reserves the right to modify and amend these Official Rules from time to time during Challenge for clarification purposes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. 

Challenge Entities assume no responsibility for and will disqualify registration/entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not received, or that have incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Challenge, or by any human, mechanical or electronic error that may occur in the processing of the registrations in the Challenge, or other errors appearing within the Official Rules or in any Challenge related advertisements. Challenge Entities assume no responsibility for any  typographical or other error in the printing of the offer, administration of the Challenge, errors in processing registration/entries, inaccurate capture of a score,  identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any scoring device, telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to participant’s or any other person’s computer system/software or mobile phone or other portable electronic device related to or resulting from participation or downloading any materials in Challenge.  Use of any device to automate or subvert registration is prohibited and any registrations received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated registration/entries are permitted and any registration/entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated  registration/entry; (ii) to have tampered with the registration process or the operation of Challenge; (iii) to have attempted to undermine the operation of the Challenge by cheating, deception or any other unfair playing practices; (iv) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person;  (v) to display behavior that will bring such Winner or Challenge Entities into disgrace; (vi) to have provided inaccurate information on any legal documents submitted in connection with Challenge; or (vii) to be acting in violation of these Official RulesANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CHALLENGE AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.  

IN THE EVENT PARTICIPANT ATTEMPTS TO BRING A CLAIM, ACTION OR PROCEEDING AGAINST CHALLENGE ENTITIES DESPITE AGREEING NOT TO DO SO IN SECTION 2 OF THESE OFFICIAL RULES,  AS A CONDITION OF PARTICIPATING IN THE CHALLENGE, PARTICIPANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) PARTICIPANT WAIVES THE RIGHT TO A JURY TRIAL OF ANY AND ALL ISSUES AND THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CHALLENGE, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ; AND (III) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES. THIS CHALLENGE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE 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 PROMOTION, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL COURTS IN THE MIDDLE DISTRICT OF TENNESSEE OR IN THE STATE COURTS IN WILLIAMSON COUNTY, TENNESSEE.  THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CHALLENGE OR UNDERMINE THE CONTENT OR THE LEGITIMATE OPERATION OF THE CHALLENGE BY CHEATING, ENGAGING IN DECEPTION OR ANY OTHER UNFAIR PLAYING PRACTICES, OR ANY OTHER MEANS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT,  AND SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON OR PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.  

15. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be made by December 23, 2017. Vermont residents may omit return postage if requesting a set of Official Rules. For the names of the Winners and/or Official Rules: (i) send a self- addressed stamped envelope to: The Marketing Arm Inc., Attention “Nissan Titan of Texas Challenge”, #140 233 Rock Road, Glen Rock, NJ 07452; and (ii) write, as applicable, “Winners List” or “Official Rules” on the lower left hand corner of the envelope.  

16. Sponsored by: This Challenge is sponsored by Nissan North America, Inc., 1 Nissan Way, Franklin, TN 37067.    

17. Administered by: This Challenge is administered by The Marketing Arm Inc., 1999 Bryan Street, Suite 1800, Dallas, TX  75201.