Best Tennis Town - Nominate it. Prove it. Win it. | United States Tennis Association

UNITED STATES TENNIS ASSOCIATION INCORPORATED

2010 BEST TENNIS TOWN CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. NOMINEES MUST BE MUNICIPALITIES, AS DEFINED BY THE US POSTAL SERVICE DATABASE, WITHIN THE UNITED STATES AND THE DISTRICT OF COLUMBIA. EACH NOMINATOR MUST BE A MAYOR OR OTHER EXECUTIVE OFFICIAL OF THE MUNICIPALITY THAT HE OR SHE IS NOMINATING OR A LEADER OF A SPORTS COMMISSION OR COMMUNITY TENNIS ASSOCIATION WITHIN THE MUNICIPALITY THAT HE OR SHE IS NOMINATING. VOID WHERE PROHIBITED.

The Best Tennis Town Contest (the "Contest") was developed to recognize a city or town that best represents the passion, excitement, community spirit and impact that tennis brings to the overall community.

ELIGIBILITY: Nominees must be municipalities, as defined in the US Postal Service database, within the United States and the District of Columbia (each a "Community"). Each Community which is voted "Best Tennis Town" (receives first place prize) is not eligible for a subsequent nomination until the sixth (6th) year following the year in which such Community won the Contest. Employees of the United States Tennis Association Incorporated ("USTA" or "Sponsor"), USTA Section and District staff, affiliates, promotion and advertising agencies and anyone involved in the development or execution of the Contest, the immediate family members (meaning spouses, parents, siblings, children and their respective spouses) of such employees and members of the households of such employees are not eligible to nominate a Community in this Contest and shall not be involved in the creation, development or submission of any Entry Materials, as defined below. By taking part in this Contest, participants agree to be bound by these Official Rules. Each individual who nominates a Community for purposes of this Contest (each a "Nominator") must be an official (a mayor or other executive leader) of the Community that he or she is nominating or the leader of a sports commission or community tennis association within the Community that he or she is nominating. Sponsor reserves the right to permanently disqualify from this Contest any Community or any Nominator it believes has intentionally violated these Rules. Void where prohibited.

HOW TO ENTER: No entry fee necessary to enter. To nominate a Community, the Nominator must register at www.besttennistown.com (the "Website") and complete a nomination form for the Community on the Website between 12:01 pm Eastern Time ("ET") on April 7, 2010 and 11:59 am ET on June 28, 2010 (the "Nomination Period"). As indicated on the nomination form, the Nominator must answer all questions on the form before he/she will be able to submit the form. In addition, the mayor or other executive official of the Community will be asked to respond to an email indicating his/her approval of the application before the Entry Materials (as defined below) will be deemed complete. All such email responses must be received by the USTA no later than July 6, 2010. Between 12:01 pm ET on April 7, 2010 and 11:59 am ET on June 28, 2010 (the "Entry Period"), the Nominator must submit the following to the Website:

One (1) online official nomination form containing community and tennis demographics.
One (1) video showing the Community's spirit and passion for tennis and the impact of tennis on an individual, an organization and/or the Community as a whole. This video must be no longer than five (5) minutes and no larger than 500 meg. Video must be in .mpg, .mov, .avi, .wmv or .flv format.
Five (5) letters of support demonstrating the Community's commitment to tennis. Each of the mayor or other executive government leader, a park/recreation director and a representative of a Community business must submit a letter. The other two (2) letters may be written by Community members of the Nominator's choice. The letter from the mayor or other executive government leader must be submitted on official municipal/government letterhead.

The nomination form, the video and the five (5) letters submitted to the USTA, as described above, shall be deemed the "Entry Materials". All Entry Materials must be submitted in English.

Each Nominator may only nominate one (1) Community. Entries become the property of Sponsor and will not be returned.

The Sponsor is not liable for lost, late, stolen or misdirected entries.

All Entry Materials (including but not limited to videos and any music that may be a part of any video) must not infringe copyright or other intellectual property rights of any other party, including but not limited to any person, group, entity or company.

All Nominators agree that, to the extent permitted by law, the Sponsor and its agents can use, exploit and distribute in any media whatsoever, including without limitation the Internet, now known or hereafter created, worldwide in perpetuity, the Nominator's Entry Materials, name, likeness, image, voice, comments and appearances without any further consent or consideration. Further, by entering the Contest, each Nominator represents and warrants that each individual who is included in the videotapes or any type of media for Nominator's submission, agreed that the Sponsor and its agents can use, exploit, and distribute in any media whatsoever, including without limitation the Internet, now known or hereafter created, worldwide in perpetuity, such other individual's name, likeness, image, voice and comments without any further consent or compensation.

If any of the individuals pictured in videos submitted by Nominator are minors in their state of residence, the Nominator represents and warrants that he/she has obtained the consent of each minor's parent or legal guardian to videotape the minor and that such parent or legal guardian agreed that the Sponsor and its agents can use, exploit, and distribute in any media whatsoever, including without limitation the Internet, now known or hereafter created, worldwide in perpetuity, such minor's name, likeness, image, voice and comments without any further consent or compensation.

JUDGING:

All entry materials will be screened by the USTA and any entries that are deemed inappropriate or not suitable will be disqualified at the sole discretion of the USTA.

Initial Round: AA panel of qualified judges selected by the USTA will select ten (10) Communities as finalists (the "Finalists") from among the eligible entries based on the Panel Criteria set forth below (the "Initial Round"). USTA will contact the Nominator of each Finalist by telephone on or prior to July 15, 2010, and each Finalist's video submission will be showcased online at www.besttennistown.com beginning on July 16, 2010.

Initial Round Judging Criteria: The panel of judges selected by the USTA will judge the entries based on the following criteria (the "Panel Criteria"), weighted as set forth below:

The level of passion and spirit and the impact of tennis displayed in the Community's video. 50%
The creativity and originality displayed in the Community's video. 20%
The level of passion and support for tennis described in the Community's five (5) letters. 15%
The level of collaboration and partnership surrounding tennis in the Community. This includes evidence of Community partners working together to support, improve and expand the quality of life in the Community through tennis (parks, schools, community tennis associations, private businesses, local government, etc.). 5%
The quality of tennis programming in the Community, including the programs available to all ages and skill levels and outreach to underserved populations. 5%
The thoroughness and level of detail of the responses provided on the nomination form. 5%

Final Round: Beginning at 12:01 pm ET on July 16, 2010 and ending at 11:59 am ET on July 26, 2010 ("Final Voting Period"), fans with internet access who are at least thirteen (13) years of age ("Eligible Voters") will be able to choose the Community that they believe submitted the best entry based on the Fan Criteria set forth below. Employees of the USTA and USTA Section and District staff will not be considered Eligible Voters. Eligible Voters will be able to vote online by going to www.besttennistown.com and submitting the required information. Only one (1) vote per valid email address during the Final Voting Period. The Community receiving the most votes will be deemed the Grand Prize Winner. The Community receiving the second highest number of votes will be deemed the Second Prize Winner, and the Community receiving the third highest number of votes will be deemed the Third Prize Winner. In the event of a tie, a panel of qualified judges selected by the USTA will re-evaluate the tied entries and rank them based on the first of the two Fan Criteria set forth below. The Nominators of the top three (3) Communities will be notified by the USTA by telephone on or about July 30, 2010. Each such Nominator will be informed that his/her Community is one of the top three (3) Communities in the Contest. The actual prize (Grand Prize, Second Prize or Third Prize) that each such Community has won will be revealed during the 2010 US Open, on a date to be determined.

The decisions of Sponsor are final and not subject to appeal. In the event not enough qualified entries are received, Sponsor need not award more prizes than qualified entries received.

Final Round Judging Criteria: The Eligible Voters will judge the entries based on the following criteria (the "Fan Criteria"), weighted as set forth below:

The level of passion and spirit displayed in the Community's video. 50%
The creativity and originality displayed in the Community's video. 50%

PRIZES:

One (1) Grand Prize: The Community receiving the most votes at the end of the Final Voting Period will receive $100,000 to be used for tennis programming or facility enhancements community wide and will be publicly recognized as the 2010 Best Tennis Town during the 2010 US Open, on a date to be determined. In addition, two representatives from the Grand Prize Community will receive a trip to the 2010 US Open as described in detail below. Total approximate retail value ("ARV") of Grand Prize: $104,000.

One (1) Second Prize: The Community receiving the second highest number of votes at the end of the Final Voting Period will receive $50,000 to be used for tennis programming or facility enhancements community wide and will be publicly recognized during the 2010 US Open, on a date to be determined. In addition, two representatives from the Second Prize Community will receive a trip to the 2010 US Open as described in detail below. ARV of Second Prize: $54,000.

One (1) Third Prize: The Community receiving the third highest number of votes at the end of the Final Voting Period will receive $25,000 to be used for tennis programming or facility enhancements community wide and will be publicly recognized during the 2010 US Open, on a date to be determined. In addition, two representatives from the Third Prize Community will receive a trip to the 2010 US Open as described in detail below. ARV of Third Prize: $29,000.

Each of the Grand, Second and Third Prize Communities will receive a trip for two (2) Community representatives to Flushing, New York to attend the 2010 US Open currently scheduled to take place between August 30 and September 12, 2010. The trip for each Community includes roundtrip economy class air transportation for two (2) individuals to a metro-New York airport from a major commercial airport near the Community; two (2) nights' standard hotel accommodations (standard room, double occupancy); two (2) tickets to the 2010 US Open on a date and at a time determined by the USTA (provided, however, that such tickets will be for the day on which the Contest winners are announced); ground transportation to and from the Community and the airport, and to and from the airport and the hotel in New York; and a $100 US Open Event Card for each person to be used for food and/or souvenirs at the US Open. Actual value will depend on point of departure and any airfare fluctuations.

Air transportation to Flushing, NY provided only if the Community is at least 100 miles from Flushing, NY. The representatives from each Community must take air travel on same itinerary and must travel on dates specified by the USTA. Lost or stolen tickets, travel vouchers or certificates will not be replaced. Once booked, no change, extension, or substitution of trip dates is permitted, except by the USTA at its discretion. Representatives traveling to the US Open pursuant to these Official Rules must be at least eighteen (18) years of age and should include the Nominator and/or individuals designated by the Nominator. The USTA reserves the right to request proof of age and a representative will be deemed to have forfeited the trip portion of the prize if the USTA, in its sole discretion, finds that the proof is unsatisfactory. Representatives traveling to the US Open pursuant to these Official Rules are responsible for obtaining all necessary and required travel documents.

If a Community chooses not to accept the trip portion of its prize, the trip portion of the prize (ARV $4,000 per trip, for two individuals) shall be forfeited by such Community. The Community shall continue to receive the $100,000, $50,000 or $25,000, as appropriate and as set forth above, to be used for tennis programming or facility enhancements but shall not receive any amounts in lieu of the trip.

Seven (7) Honorable Mention Prizes: Each Community ranking fourth through tenth at the end of the Final Voting Period will receive a $2,000 tennis equipment package to be used for increased tennis programming community wide as well as national recognition online as a runner up. ARV of all honorable mention prizes: $14,000.

Total ARV of all prizes: $201,000.

All expenses not specified in these Official Rules, including, without limitation, taxes and/or fees, are solely the prize winners' responsibility.

OTHER CONSIDERATIONS: The Nominator of each winning Community and others featured in each winning Community's video may be required to complete and sign a Liability Release and, where legal, a Publicity Release, and any other documentation that Sponsor may require, including but not limited to an affidavit of eligibility and to see to it that the Sponsor is in receipt of these documents within seven (7) days of having received the same. If the Nominator of a winning Community does not timely return requisite documents, or in the event of non-compliance with any of the requirements of these Official Rules, the prize will be forfeited and the next highest ranking Community will be named a winner and confirmed in accordance with these Official Rules.

GENERAL CONDITIONS: Nominators agree to be bound by the terms of these Official Rules and decisions of the Sponsor which are final and binding on all matters relating to this Contest.

By entering, all Nominators agree to waive any and all copyright interest, of any nature or any kind, they may have in their entry materials, including but not limited to letters, videos, lyrics and music composed by the Nominators, and appearances, including without limitation any moral rights in the foregoing, and unconditionally assign such rights and interests to Sponsors. By entering the Contest, each Nominator represents and warrants that each other individual has, as of the date of Nominator's submission, agreed to waive any and all copyright interest, of any nature or kind, they may have in any entry materials provided in connection with the Contest, including but not limited to letters, videos, lyrics and music composed by such other individual or an Nominator, and appearances, including without limitation any moral rights in the foregoing. Sponsor shall own all rights, including copyright, in the Entry Materials including but not limited to letters, videos, lyrics and music composed by the Nominators. Sponsor shall have the right to edit or extract entry materials for use in perpetuity.

By accepting a prize, the Nominators and Communities release and hold harmless the USTA, and its parent companies, subsidiaries, affiliates, sales representatives, agents, advertising and promotion agencies or any other agencies or entities involved with this Contest, and the owners, shareholders, directors, officers, employees, agents, contractors, representatives, successors and assigns of the USTA (collectively, the "Releasees") from any and all liability, any injury including personal injury, death, loss or damages of any kind, arising from participation in or in connection with acceptance, possession, use, misuse and/or nonuse of any prize or participation and/or traveling to any prize-related activities, and any claims based on right of publicity/right of privacy. The Releasees do not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability and fitness for a particular purpose. The Releasees accept no responsibility for any additional expenses.

Each prize must be accepted "as is" and may not be exchanged for an amount of money, auctioned, bartered, sold or transferred and is non-refundable. No substitutions will be allowed, except as set forth below.

If a prize cannot be awarded as described in these Official Rules, the Sponsor, as well as its directors, officers, employees, and members, reserve the right to substitute a prize or prize component with another of comparable value.

Refusal to accept a prize releases the Sponsor, and each of its directors, officers, employees and members of all responsibility and obligations towards the winner of such prize.

All information requested by and supplied to the Sponsor by each Nominator must be truthful, accurate, and in no way misleading. The Sponsor reserves the right to disqualify any Nominator and/or Community from the Contest in its discretion, should the Nominator at any stage supply untruthful, inaccurate, or misleading details and/or information or should the Nominator or Community be or become ineligible at any stage of the Contest pursuant to the Official Rules.

Any on-line submission or other materials used in this Contest that have been tampered with, altered, reproduced, not legitimately obtained, or which contain or reflect any error will be void. Without limiting the generality of the foregoing, the Sponsor reserves the right to modify, cancel or suspend the Contest for any reason including fraud, technical failures, any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes beyond the control of the Sponsor that may corrupt the administration, security, or proper execution of the Contest.

INTERNET: The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically register and/or vote repeatedly is prohibited. If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. Should this Contest be terminated, Sponsor reserves the right to select the winners from among all eligible, non-suspect entries received as of the action requiring such termination. Releasees 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. Releasees are not responsible for lost, late, garbled, misdirected, or postage due entries or mail, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE 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 OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

MISCELLANEOUS: If any provisions of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

DATA COLLECTION: All personal information, such as name, e-mail address and age is collected solely for purposes related to this Contest and shall not be used for any other purpose unless the individual providing it consents to other uses. By providing this information, all Nominators and Eligible Voters who participate in this Contest consent to it being used for purposes related to this Contest.

OFFICIAL RULES/WINNERS LIST: For a copy of these Official Rules, visit www.besttennistown.com. For the identity of the winning Communities after September 15, 2010, send a self-addressed stamped envelope to: United States Tennis Association Incorporation, 70 West Red Oak Lane, White Plains, New York 10604, Attention: Best Tennis Town Contest (VT residents may omit postage). Requests must be received by October 15, 2010.

SPONSOR: This Contest is sponsored by the United States Tennis Association Incorporated, 70 West Red Oak Lane, White Plains, New York 10604.