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SMS Terms & Conditions
Service Description: Pennzoil Alerts is a recurring alerts SMS program that when you subscribe you will receive text marketing messages from Pennzoil.
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Pennzoil “Easiest Sweepstakes Possible” Signed Joey Logano Memorabilia
Sweepstakes Official Rule
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS AND TWITTER ACCOUNT ARE REQUIRED TO ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. ELIGIBILITY: The Pennzoil “Easiest Sweepstakes Possible” Signed Joey Logano Memorabilia Sweepstakes (“Sweepstakes”) is offered and open only to legal residents of the fifty (50) United States (including the District of Columbia) (“U.S.”) who currently reside in the U.S. or legal Canadian residents who currently reside in Canada, and are at least eighteen (18) years old at time of entry (or the legal age of majority in their state of legal residence). Employees of SOPUS Products (“Sponsor”) and its parent, affiliates and subsidiaries, participating advertising and promotion agencies, participating retailers, and those entities involved in the preparation of materials for, administration and/or execution of this Sweepstakes (collectively “Sweepstakes Entities”) and immediate family members (spouse, parent, child or sibling including foster and step-relations) and/or those living in the same household (whether or not related) as any of the foregoing employees are ineligible.
2. PROMOTION PERIOD: Sweepstakes starts 12:00 p.m. Eastern Time (“ET”) on July 6, 2014, and ends at 12:00 p.m. ET on July 9, 2014 (“Promotion Period”). All time referenced herein is Eastern Time. Sponsor’s (or its authorized representative’s) computer-server will be the official timekeeping device of this Sweepstakes. PARTICIPANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; SWEEPSTAKES ENTITEIS DISCLAIM ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
3. HOW TO ENTER: During the Promotion Period, enter by using your Twitter account on www.Twitter.com, retweet the Sponsor’s tweet once to a family member, friend, or contact (do not engage in spamming or phishing, or send to unauthorized or unknown recipients) relating to “Easiest Sweepstakes Possible” Signed Joey Logano Memorabilia Post (“entry”). Limit one (1) entry per person. Failure to follow this step or include all information will void the entry. This step may vary in order or set up. If you don’t have a Twitter account, you can become a member without charge by simply following the member instructions to open a new account and accepting the terms and conditions of use. Once submitted, entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned. You may enter once using one name, one IP address and one social handle only. Group entries will not be accepted. Entrants may not share IP addresses, or emails associated with social handles, nor enter with multiple accounts, identities, logins or registrations, nor may entrants use any other device or artifice to enter multiple times. Any entrant who benefits from or is suspected of cheating, using fraudulent entry methods, spamming, phishing, entering through a sweepstakes-entry service or similar methods, or otherwise attempting to participate in violation of these Official Rules will be disqualified and all entries by that entrant will be void. Sponsor reserves the right, at its reasonable discretion, to refuse, disqualify, or withdraw any entry and/or entrant at any time during or after the Promotion. If disqualification results after prize award, prize must be returned in full immediately upon request. In case of dispute, entries will be declared made by the authorized social media account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an account, identity, login or registration by a social network, Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning accounts for the domain associated with the submitted e-mail address. Sponsor cannot guarantee this Sweepstakes will be available via all wireless carriers; available on participating wireless carriers only. Data and message rates may apply. Other charges may also apply; check your mobile plan for rates/details relating to participation in the Sweepstakes via mobile device.
Sweepstakes Entities assume no responsibility for lost, late, incomplete, inaccurate, stolen, misdirected, non-compliant, or illegible entries; nor for any computer, telephone, cable network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user net accessibility or availability, hardware/software incompatibility, traffic congestion, or unauthorized human intervention or any technical error; or the incorrect or inaccurate capture of entry or other information; nor for the failure to capture any such information. Only eligible entries received by Sponsor in accordance with these Official Rules will be considered. By entering, entrants agree to be contacted by Sponsor (or its authorized representative) with communications about the Sweepstakes; you may opt out at any time without affect to your entry (but if you opt out and are then selected as a potential winner you will not receive a prize notification). Incomplete or otherwise ineligible entries, or any element thereof, will disqualify an entry. Proof that you uploaded an entry by retweeting the Sponsor’s tweet relating to “Easiest Sweepstakes Possible” Signed Joey Logano Memorabilia does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Sweepstakes. Potential winners are subject to determination of eligibility and verification before any prize will be awarded.
4. DRAWING/NOTIFICATION: On or around 12:30 PM ET on July 10, 2014, a random drawing will be held by Sponsor (or its authorized representative) at JWT Atlanta 3630 Peachtree Road NE, Suite 1200 Atlanta, GA 30326 from all eligible entries received during the Promotion Period. Only the prize stated herein will be awarded. All prizes will be awarded only if sufficient eligible entries are received. In no event will Sponsor be responsible for awarding more than the stated prize. Limit one (1) prize per person.
Eligible potential winners may be notified on Twitter using the information provided at time of entry and must respond within the time specified in a Twitter direct message containing contact information requested for prize fulfillment purposes, or else prize will be forfeited. For Canada residents only, any potential winner will be required to correctly answer unaided a timed, mathematical skill-testing question in order to be confirmed as a winner and receive a prize. In the event a potential winner cannot be reached or fails to respond as directed on or within two (2) days (or as otherwise directed), prize will be forfeited and Sponsor will proceed to attempt prize award to an alternate potential winner. Potential prize winner may also be required to complete and return a Declaration of Eligibility, Liability and, where legal, Publicity Release within five (5) business days of notification.
In the event that technological, programming, or other errors cause more than the stated number of prizes in any category, if applicable, as indicated in these Official Rules, to be sent as notifications, distributed, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the prizes stated herein by random drawing among all eligible non-suspect claimants (in that prize category if applicable). Prize awards are subject to verification of eligibility, and compliance with these Official Rules.
5. PRIZES (5)/ODDS: A total of five (5) prizes will be available to be awarded and each prize shall consist of one of each of the following: (1) Joey Logano signed No. 22 Shell-Pennzoil Ford Fusion 1:24 scale diecast replica car (approx. retail value (“ARV”): $65), (1) Joey Logano signed Shell-Pennzoil pit crew shirt (size XL) (ARV: $45), and (3) Joey Logano signed team hat (originals) (ARV: $25 each). The odds of winning depend on the number of eligible entries received during the Promotion Period. No transfer, assignment or substitution of prize (in whole or in part), except Sponsor reserves the absolute right to substitute a prize of comparable value. Prize is not redeemable for cash. All federal, state and local taxes, if any, are the sole responsibility of the winner. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize awarded. Prizes will be awarded to the winning eligible entrants in the order they are listed above. Limit one (1) prize per person.
6. GENERAL: By entering, participants agree to abide by and be bound to these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Failure to timely return or properly complete Release Documents or if a potential winner is or becomes ineligible or does not comply with these Official Rules, it will result in prize forfeiture, and in such event an alternate potential winner may be selected from remaining eligible entries received. Two (2) separate attempts will be made to contact a potential winner (for the respective prize/level as applicable) and if unsuccessful the respective prize will not be awarded. Undeliverable, returned, unclaimed, untimely, undeliverable or un-awarded prizes or prize notices will not be re-awarded. BY PARTICIPATING, PARTICIPANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, AND ITS AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, TWITTER, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY, ACCESS TO THE PROMOTIONAL SITES AND PAGES, AND/OR PARTICIPATION IN THIS SWEEPSTAKESWHETHER OR NOT CAUSED BY THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES. To the fullest extent permitted by law, entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Released Parties of any term in these Official Rules does not constitute a waiver of any other provision.
By entering and/or accepting a prize, participants hereby irrevocably consent, where lawful, to the use by Sponsor (and its authorized representatives) of their name, image, photographs, videotape, likeness, hometown name, biographical information, and voice for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
7. LIMITATIONS OF LIABILITY: Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by Web site users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or inability to access or unauthorized access to Sponsor’s Twitter Pages and/or site. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. If, for any reason, the Sweepstakes or any element thereof in whole or in part is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and select the winner(s) from eligible, non-suspect entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Sweepstakes Entities shall not be liable to winner or any other person for failure to execute the Sweepstakes, or supply a prize, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
In no event will Sweepstakes Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of your participation in the Sweepstakes, or your access to, and use of, any participating internet site(s), Sponsor’s Twitter Pages or the downloading from and/or printing material downloaded from said site(s). Without limiting the foregoing, everything on this site is provided "AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties.
By entering the Sweepstakes, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the Prize award shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in Houston, Texas; and (ii) in addition to the limitations in Section 7 of these Official Rules, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees. Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the entrant and Sponsor, shall be construed and governed by the laws of the State of Texas, without regard to conflicts of law rules.
8. QUEBEC RESIDENTS: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
9. SPONSOR: SOPUS Products, P.O. Box 4427, Houston, Texas 77210-4427.
PENNZOIL® PUMPKIN CARVING CONTEST OFFICIAL RULES
OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES/ DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OR OLDER AS OF THE DATE OF ENTRY AND MEET THE ELIGIBILITY REQUIREMENTS STATED BELOW.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING
1. ELIGIBILITY: “Pennzoil® Pumpkin Carving Contest” (“Contest”) is open only to individuals who are legal residents of, and residing within, the fifty (50) United States (including the District of Columbia), are at least eighteen (18) years old at the time of entry (“Entrants”). Employees of SOPUS Products (“Sponsor”) and its parent, affiliates and subsidiaries, participating advertising and promotion agencies, and those entities involved in the preparation of materials for, administration and/or execution of this Contest (collectively “Contest Entities”) and their immediate family members (spouse, parent, child or sibling) and/or those living in the same household (whether or not related) are ineligible.
2. HOW TO ENTER THE CONTEST: The Contest starts 12:00 A.M. Central Time (“CT”) on 10/11/14 and ends at 11:59 P.M. CT on 10/30/14 (“Contest Submission Period”). To enter, an eligible Entrant may enter by uploading a photograph of a pumpkin that he or she has carved to his/her Instagram, Twitter, or Facebook account(s) along with the hashtag “#PennzoilPumpkinPromo” (collectively, “Submission[s]”). All carved pumpkins will be judged based on the criteria as stated in Rule 4 below and bonus points will be given to pumpkins with Pennzoil-themed carvings (including, but not limited to, carvings of Joey Logano's #22 Pennzoil car).
Each Submission must have its own uniquely carved pumpkin and the same pumpkin may not be used for multiple Submissions. The entrant either by himself/herself or along with his/her friends and family must carve the pumpkin. Machine carved or professionally carved pumpkins are subject to disqualification. To be eligible, a Submission must be in compliance with the requirements stated in Rule 3 below.
Limit: An Entrant may submit only one (1) Submission per day during the Contest Period but may post each Submission on Entrant’s Instagram, Twitter and/or Facebook account.
Message & Data Rates may apply to each message sent or received using a mobile device. Other charges may apply. Entrants should check their mobile plan for rates and other details. Once a Submission has been entered into the Contest, it may not be deleted, edited or modified by Contestant. Sponsor shall have the right to edit any photograph when posting to Sponsor’s Twitter feed, Sponsor’s Instagram Account and/or on Sponsor’s Facebook page. All Submissions will be placed in the same judging pool. There will be no distinction between Submissions based on the social media platform used to enter as set forth above in this Rule 2.
If an Entrant wishes to participate on Facebook, he/she must have a Facebook account. There is no cost to create one at www.facebook.com. Creation of a Facebook account requires Entrant to agree to Facebook’s Statement of Rights and Responsibilities, Data Use Policy, and Community Standards, available at https://www.facebook.com/policies.
Subject to the Sponsor’s review, a Submission may be displayed on the Sponsor’s Twitter feed, Sponsor’s Instagram Account and/or on Sponsor’s Facebook page, where the Submission may be viewed by the public. The Sponsor, in its sole and absolute discretion, may add or remove a Submission from at any time Sponsor’s Twitter feed, Sponsor’s Instagram Account and on Sponsor’s Facebook page for whatever reason.
3. SUBMISSION REQUIREMENTS: A Submission:
(a) Must be the Entrant’s original creation of a photograph of the Entrant’s carved pumpkin. The Entrant may be included in the Photograph along with the carved pumpkin but no one else;
(b) Must not contain text in any language other than English;
(c) Must not include hyperlinks to content on other sites or media;
(d) Must not have been previously submitted in any other promotion;
(e) Must not contain the likeness of any third party or material that, either
explicitly or implicitly, mentions, depicts, shows, refers, or otherwise alludes to the name or logo, trademark, or service mark of any third party, individual, company, entity, product, or brand other than Sponsor or a brand belonging to Sponsor;
(f) Must not contain any material or references that violate or infringe upon a thirdparty’s rights, including but not limited to privacy, publicity, or intellectual property rights, nor may it in any way infringe upon a third party’s copyright, trademark, trade dress or contractual rights of a third party;
(g) Must be in good taste as determined by Sponsor in its sole discretion;
(h) Must not contain language or contents that in any way disparages or defames or in any way reflects negatively upon the Sponsor, its brands or products or any person or entity as determined by Sponsor in its
(i) Must not contain, mention, refer, or otherwise allude to any obscene, lewd,
violent, illegal, offensive, hateful, disparaging, or inappropriate
words, language, symbols, signs, or abbreviations;
(j) Must not contain defamatory or libelous material or material which discloses private or personal matters concerning any persons without
such person’s consent;
(j) Must not advocate or denigrate any political or societal beliefs or contain,
mention, refer or otherwise allude to any political or religious references,
statements or symbols;
(k) Must not contain content that is abusive or that may be considered
offensive to individuals or a group of individuals regarding of race, ethnicity, religion, sexual orientation or gender identity or expression, creed, age, or socioeconomic group or any legally protected classification;
(l) Must not contain content that in any way implies, portrays or promotes: violence, activities that may appear unsafe or dangerous or the use of alcohol, illegal drugs, or tobacco; and
(m) Must not contain content that is unlawful, in violation of, or contrary to federal, state, or local laws.
NOTE: Entrants understand and acknowledge that Sponsor, in its sole discretion, after its good faith consideration and review of a Submission in its totality, reserves the right to accept, edit, modify or reject a Submission. Additionally, Sponsor reserves the right at any time during the Contest and thereafter to disqualify any Submission that Sponsor determines, in its sole discretion does not comply with these Official Rules or otherwise contains, or uses, prohibited or inappropriate content, and, the Entrant may also be disqualified from participation in the Contest.
4. JUDGING CRITERIA & SELECTION OF WINNERS: Starting on or about 10/13/14 and continuing through approximately 10/31/14, a Sponsor designated panel of qualified judges including Sponsor’s Marketing leadership will review and judge all of the eligible Submissions submitted. The judges will select two (2) Entrants with the highest-scoring Submissions, the potential winners, based on the following criteria (“Judging Criteria”):
(a) Creativity – up to 40 points
(b) Uniqueness – up to 40 points;
(c) Level of Difficulty/Skill in pumpkin carving – up to 20 points; and
(d) Bonus points for carving a Pennzoil themed pumpkin (including, but not
limited to, carvings of Joey Logano's #22 Pennzoil car) – up to 50 points.
In the event of a tie, the Entrant whose Submission received the most “bonus points” will be the winner. In the event that a tie remains, the highest score for “Creativity” Judging Criteria, as determined by the qualified judges, in their sole discretion, will be deemed the applicable potential winner. In the event a tie still remains, the winner be the Entrant with the highest score in the “Uniqueness” judging criteria. In the event a tie still remains, the winner be the Entrant with the highest score in the “Level of Difficulty/Skill in pumpkin carving” judging criteria. In the event a tie still remains, the tied Submissions will be re-judged.
On or about 10/31/14, each potential Contest winner will be contacted by either Direct Message via Twitter, posting on the Entrant’s Submission on Instagram, or by Private Message on Facebook (the social media platform used to contact the potential winner will depend on where the Submission was posted) in order to notify him/her that s/he has have been selected as a potential winner and to verify eligibility and compliance. Potential winners must reply as instructed in the notification message/post and respond as requested or the Entrant with the next highest score will be selected as the potential Contest winner. Entrants agree that the Sponsor has the sole right to decide in all matters and disputes arising from this Contest and that its decisions shall be final and binding in all matters pertaining to this Contest.
5. PRIZES (2): Each of the two (2) Contest winners (“Winners”) will receive as his/her prize an autographed piece of Joey Logano's #22 Pennzoil car (the “Prize”). Approximate Retail Value (“ARV”) of each Prize is $500; Total ARV of all Prizes is $1,000. If the actual retail value of the prize or any portion of it is less than its stated approximate retail value, the Winner will not receive the difference. Each potential winner will be required to sign and return a notarized Affidavit of Eligibility/Compliance and Publicity/Liability Release, where allowed by law, and such other documents as may be reasonably requested by Sponsor. Each Winner may be issued an IRS Form 1099 for tax purposes in the amount of the actual retail value of the prize and must submit his/her Social Security Number as required by law. All federal, state and local taxes are solely the responsibility of each Winner. A Prize will be mailed to a Winner 6 - 8 weeks after the Winner’s eligibility has been confirmed as set forth in this Rule 5. A Prize is not redeemable for cash nor is it transferable, assignable or substitutable, in whole or in part, except by Sponsor, in its sole discretion, with one of equal or greater value. Limit: Only one (1) Prize per household address.
6. RESPONSIBILITIES OF ENTRANT:
(A) REPRESENTATIONS/WARRANTIES AS CONDITIONS OF ENTRY/PARTICIPATION IN CONTEST: By participating in this Contest, an Entrant represents and warrants that: (i) he is of the legal capacity to participate in this Contest; (ii) s/he owns all rights and title to his/her Submission and the Submission is solely his/her own original work; and (iii) the Submission does not infringe the intellectual property, privacy, publicity rights or any other legal or moral rights of any third party. Additionally, an Entrant represents and warrants that throughout his/her participation in this Contest, s/he will conduct himself in an appropriate manner and not engage in any behavior or manner that would embarrass Contest Entities or reflect negatively on Sponsor’s products.
(B) GRANTS/WAIVERS: By submitting a Submission, an Entrant assigns to Sponsor, its affiliates, legal representatives, assigns, agents and licensees an irrevocable, exclusive, unlimited, unconditional, royalty-free fully paid up and perpetual license to copy, transmit, publish, post, broadcast, display, adapt, exhibit, reproduce, encode, store and/or otherwise use, reuse or not use Submission or any portion thereof, as submitted or as edited/modified in any way by the said licensees, in their sole discretion in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to or approval from the Entrant. Entrant understands and agrees that although he has granted the above stated license to use or reuse his Submission or any portion thereof as stated hereinabove, Sponsor in its sole discretion, may elect not to so use said Submission. ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT S/HE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION OR ANY PORTION THEREOF BY SPONSOR OTHER THAN ANY PRIZE S/HE MAY RECEIVE HEREIN. The Entrant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude Sponsor’s use of the Submission or any portion thereof and agrees not to sue or assert any claim against Contest Entities arising out of or connected to the use.
7. LIMITATIONS OF LIABILITY/INTERNET: SPONSOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL, PRINTING, HUMAN OR OTHER ERROR INVOLVED OR RELATING TO THE ADMINISTRATION OF OR ASSOCIATED WITH THE CONTEST. THE SELECTION OF WINNERS OR THE ANNOUNCEMENT OF THE PRIZES. IN NO EVENT WILL MORE PRIZES BE AWARDED THAN ARE STATED IN THESE OFFICIAL RULES. ADDITIONALLY, SPONSOR IS NOT RESPONSIBLE FOR ERRORS RESULTING IN OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATIONS OR TRANSMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATIONS OF CONTEST MATERIALS, OR FOR TECHNICAL, NETWORK, TELEPHONE EQUIPMENT, ELECTRONIC, COMPUTER, HARDW ARE OR SOFTW ARE, TELEPHONE OR OTHER COMMUNICATIONS, INCOMPATIBILITY, MALFUNCTIONS OR LIMITATIONS OF ANY KIND, OR INACCURATE TRANSMISSIONS OF OR FAILURE TO RECEIVE INFORMATION BY SPONSOR ON ACCOUNT OF TECHNICAL PROBLEMS, LOST OR UNAVAILABLE NETWORK CONNECTIONS, TELEPHONE CONNECTIONS, WIRELESS DEVICE CONNECTIONS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, HUMAN ERROR, OR ANY COMBINATION THEREOF. IF FOR ANY REASON THE CONTEST, OR ANY ELEMENT THEREOF, IS NOT CAPABLE OF RUNNING AS PLANNED, INCLUDING INFECTION BY COMPUTER VIRUS, BUGS, T AMPERING, UNAUTHORIZED INTERVENTION, CHEATING, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES, TECHNOLOGICAL OR OTHERWISE, WHICH CORRUPT, DISRUPT OR OTHERWISE AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY, OR PROPER CONDUCT OF THIS CONTEST, SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO CANCEL, TERMINATE, MODIFY OR SUSPEND ANY AND ALL ASPECTS OF THE CONTEST, AND PROCEED IN A MANNER IT DEEMS FAIR REASONABLE AND IN KEEPING WITH THE INTENT OF THE CONTEST, INCLUDING SELECTION OF A POTENTIAL WINNER(S) FROM AMONG ALL ELIGIBLE ENTRIES RECEIVED PRIOR TO SUCH CANCELLATION, TERMINATION, MODIFICATION OR SUSPENSION. SPONSOR FURTHER RESERVES THE RIGHT TO DISQUALIFY ANY INDIVIDUAL IT SUSPECTS, IN ITS SOLE AND ABSOLUTE DISCRETION, TO BE TAMPERING WITH THE OPERATION OF THE CONTEST. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO 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 FROM AND SEEK PROSECUTION OF ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
8. INDEMNIFICATION: CONTEST WINNERS AGREE, BY ACCEPTING A PRIZE TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS SPONSOR, AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, RETAILERS, WEB DEVELOPMENT COMP ANIES, ADVERTISING AND PROMOTIONAL AGENCIES, PARTICIPATING DEALERS (AND THEIR PARENTS, SUBSIDIARIES AND AFFILIATES), PROMOTION AGENCIES, TWITTER, INSTAGRAM FACEBOOK, AND ANY OTHER PERSONS OR ENTITIES PARTICIPATING IN THE DESIGN, ADMINISTRATION OR FULFILLMENT OF THIS CONTEST AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY THREATENED OR ACTUAL INJURIES, LOSS, COSTS, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), OR DAMAGES OF ANY KIND TO ANY PERSON, INCLUDING DEATH OR DISABILITY, AND PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THIS CONTEST OR ACCEPTANCE, POSSESSION, USE, OR MISUSE OF THE PRIZE, PARTICIPATION IN ANY CONTEST - RELATED ACTIVITY WHETHER HOSTED BY SPONSOR OR A THIRD P ARTY OR INABILITY TO P ARTICIP A TE IN P ARTS THEREOF INCLUDING, WITHOUT LIMITATION, CLAIMS, SUITS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY, AND WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES. INDIVIDUALS COVENANT NOT TO SUE ANY RELEASED PARTY OR CAUSE THEM TO BE SUED REGARDING ANY MATTER RELEASED ABOVE; AND FURTHER COVENANT NOT TO DISAFFIRM, LIMIT OR RESCIND THIS RELEASE. A WAIVER BY SPONSOR OF ANY TERM IN THESE OFFICIAL RULES DOES NOT CONSTITUTE A WAIVER OF ANY OTHER PROVISION.
9. GOVERNING LAW; DISPUTES: Any and all disputes, claims and causes of action arising out of or connected with this Contest or the Prize award shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in Houston, Texas; and in addition to the limitations in Section 7 of these Official Rules, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees. Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the participant and Sponsor, shall be construed and governed by the laws of the State of Texas, without regard to conflicts of law Official Rules.
11. GENERAL: By participating in the Contest, Entrant agrees to these Official Rules and the decisions of Sponsor, which are final and binding in all matters and all respects relating to this Contest. Entrants waive any right to claim ambiguity in these Official Rules. In the event of a dispute as to the identity of a Winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line 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. Potential winners may be required to show proof of being the authorized account holder. This Contest is void outside of the 50 United States/District of Columbia and wherever else prohibited or restricted by law. All entries and/or materials submitted become the property of Sponsor and will not be returned.
12. SPONSOR: SOPUS Products, P.O. Box 4427, Houston, Texas 77210-4427.
All trademarks are the property of their respective owners.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter, Instagram or Facebook.
© 2014 SOPUS Products. All rights reserved.