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Formula for Excitement Contest Official Rules
1. How To Participate
No purchase necessary. Before entering the Shell V-Power Formula for Excitement Contest (the “Contest”), entrants (each an “Entrant”, collectively, “Entrants”) must read and agree to the following Contest rules (“Rules”). Participation in the Contest constitutes an Entrant’s full and unconditional agreement and acceptance of the Rules, which are final on all matters relating to the Contest.
1.2. Sponsor and Administrator:
The sponsor of this Contest is Shell Oil Products US (the “Contest Sponsor”). The Contest will be administered by Edelman (also referred to as the Contest Sponsor for the purposes of these Rules) on behalf of Shell Oil Products US. Entries will be reviewed and selected by the Contest Sponsor (as outlined in these Rules).
The Contest is open only to legal residents of the United States and the District of Columbia who are the age of majority in their primary state of residence and 18 years of age or older as of October 2, 8:00:00 am (ET) to be eligible to win one of the weekly prizes. The Grand Prize winner must be 18 years of age or older as of October 2, 8:00:00 am (ET) and must have a valid driver’s license and proof of insurance. The Grand Prize winner’s guest must also be 18 years of age or older as of October 2, 8:00:00 am (ET) and must have a valid driver’s license and proof of insurance. Void in New Jersey, Virginia, Puerto Rico and where prohibited by law.
Employees, directors, officers and retirees of the Contest Sponsor, and their immediate family members (spouse, parents, children, siblings, and their respective spouses) and respective household members are not eligible to enter. Respective affiliates, subsidiaries, divisions, wholesalers, retailers, advertising and promotional agencies of the Contest Sponsor are not eligible to enter.
1.4. Contest Overview:
The Contest invites Entrants to submit three (3) photographs and three (3) hashtags to form a collage illustrating their Shell V-Power Formula for Excitement. Entrants will be allowed one entry per week.
The Contest will consist of three phases as described in sections 1.4.1 – 1.4.3. The Contest commences on October 2, 2013, 8:00:00 am (ET) and ends on November 25, 2013, 11:59:59 pm (ET) (the “Contest Period”).
1.4.1. Phase 1 – Entry Period:
The entry period of the contest is from October 2, 2013, 8:00:00 AM (ET) to November 25, 2013 11:59:59 PM (ET). To enter, Entrants should access the Contest through www.facebook.com/shell, visit the contest tab, and complete the Formula for Excitement entry form as indicated. All Entries must be submitted and received by 11:59:59 pm (ET) on November 25, 2013 in order to be eligible to win a Prize for that Entry Period. The Contest’s database clock will be the official timekeeper for the Contest.
Once an Entry is submitted successfully via the entry form, Entrants will see notification on the entry form that their entry has been submitted successfully.
The Prizes will be awarded as outlined in Sections 1.4.3. The Contest Sponsor is not responsible for late, lost, incomplete, illegible, damaged or misdirected Entries and incorrect or outdated contact information submitted in Entries.
If a dispute results as to the identity of an Entrant, it will be determined that the eligible Entrant is the authorized account holder assigned to the email address listed in the entry process. The Contest Sponsor’s decisions are final on all matters relating to this contest.
Entrants hereby acknowledge that they own or have secured the rights to use, publish and copyright each photograph submission. Entrants and the Contest Sponsor hereby acknowledge there is no relationship between the Contest and the owner of any trademarks displayed in photographs submitted by the Entrants.
Photographs may not be produced by professional photographers and must be of good quality, unpublished, may not have won any prize or award and be owned by the Entrant.
All Entries must be keeping with the Sponsor’s image, and may not be offensive, or can’t defame or invade upon the publicity or privacy rights of any person, or otherwise infringe on any person or entity’s intellectual property, personal or proprietary rights, as determined at the sole discretion of the Sponsor.
Entries which depict elements not owned by the Entrant (such as, but not limited to, depictions of buildings, songs, individual names, trademarks or logos) must be able to provide written legal consent (in a form that is satisfactory to the Contest Sponsor) that permit the Entrant to use and exploit such elements, and thereby give the Contest Sponsor the right to use and exploit the content and materials in accordance with these Rules. The manufacturers of the vehicles depicted in the Entrants photographs have no responsibility for the conduct or administration of the Contest.
Entries that do not adhere to these Rules may be disqualified at the sole discretion of the Contest Sponsor.
1.4.2 Phase 2 – Judging Period: Judging and Determination of Potential Finalists:
Judging of the photographs will be performed by the Contest Sponsor in its sole discretion. Judging will be based on the following criteria: (i) Originality – 60%; (ii) Appropriateness to Contest Theme – 40%. Each week the Contest Sponsor will select the entry with the highest score to be deemed the weekly winner. In the event of a tie, the entrant with the highest score in the appropriateness to contest theme category will be deemed the weekly winner.
Entries to the contest will roll over each week and will be eligible to be deemed the weekly winner throughout the eight week contest.
At the conclusion of the Contest, the eight weekly winners will be featured on the Contest tab of the Shell Facebook page and will be voted on by the public. Voters are allowed one vote per day per Facebook account. Weekly winners who are put forward for the Grand Prize are also able to cast one vote per day per Facebook account. The Entrant with the most public votes will be declared the “Grand Prize Winner.” The voting period of the top entries will take place from December 9 at 8:00:00 (AM ET) to December 19 at 11:59:00:00 PM (ET). In the event of a tie, the entry with the highest score of originality and appropriateness to contest theme will be deemed the Grand Prize winner.
1.4.3 Phase 3 –Potential Finalist Validation and Notification Period:
The Potential Grand Prize winner will be notified by email and telephone within five (5) business days after they have been selected. The Potential Grand Prize winner and Grand Prize winner’s guest disqualifies and forfeits his/her right to the Grand Prize if they do not, within five (5) business days of having been notified of their prize by the Contest Sponsor, respond to Contest Sponsor and provide a signed copy of Contest Sponsor’s form of Declaration and Release of Liability and Rights granting license to and releasing liability of the Contest Sponsor as outlined in these Rules in order to be verified as the Grand Prize Winner.
In this case, the Contest Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard, and the Potential Finalist will have no recourse against the Contest Sponsor, company or anyone else involved with the Contest.
Subsequent Potential Grand Prize winners will be selected using this same process until a Potential Grand Prize winner is verified as the Grand Prize winner.
The Contest Sponsor is not responsible for incorrect and/or outdated contact information provided in the Entry. The Contest Sponsor’s decisions are final on all matters relating to this Contest.
1. Weekly Winners
The eight Weekly Winners will each receive “Shell V-Power Gasoline” in the amount of $250. Approximate Retail Value (“ARV”) of each Prize is $250.00. The contest prize will be awarded in two (2) $100.00 and one (1) $50 (US) Shell Gift Cards. All terms and conditions as outlined on the back of the Shell V-Power Gift Cards apply. The Weekly Winner prize will be sent to the Winners by the Contest Sponsor by mail.
Fluctuations in gasoline prices will not affect calculation of the prize amount.
The eight weekly winners are eligible to be selected as the Grand Prize winner.
Prize winners will receive no further compensation or credit for use of their Entries other than that disclosed in these Rules. The Contest Sponsor shall have no further obligation to the Prize winners and their Entries other than that outlined in these Rules. Allow six (6) to eight (8) weeks for delivery of all Prizes. Prizes are not transferable or redeemable for cash, except where required by law.
Weekly winners must be 18 years of age or old to be eligible to win.
2. Grand Prize Winner
The Grand Prize winner will receive a year’s worth* of Shell V-Power Premium Gasoline. Approximate Retail Value (ARV) of the prize is $2,500.00. The contest prize will be awarded in the form of twenty five (25) $100.00 (US) Shell Gift Cards. All terms and conditions as outlined on the back of the Shell V-Power Gift Cards apply. The free fuel for a year Prizes will be sent to the Grand Prize winner by the Contest Sponsor by mail.
Fluctuations in gasoline prices will not affect calculation of the prize amount.
The Grand Prize winner will receive no further compensation or credit for use of their Entries other than that disclosed in these Rules. The Contest Sponsor shall have no further obligation to the Prize winners and their Entries other than that outlined in these Rules. Allow six (6) to eight (8) weeks for delivery of all Prizes. Prizes are not transferable or redeemable for cash, except where required by law.
The Grand Prize Winner will also receive a trip for two to Chicago and the Indy500 in Indianapolis. The Grand Prize will consist of a flight for two to Chicago, Illinois and a return flight from Indianapolis, Indiana, transportation from the airport, three meals per day per person, hotel accommodations for two (2) nights, a Richard Petty Driving Experience Exclusive Test Drive package for both the Grand Prize winner and the Grand Prize winner’s guest, transportation from Chicago to Indianapolis, and two tickets to the Indy500. The estimated value of the trip is $19,750.00
The Grand Prize winner must be 18 years of age or older. The Grand Prize winner’s guest must be 18 years or older. Both the Grand Prize winner and their guest must have a valid driver’s license and proof of insurance.
*For the purposes of this Prize, “a year’s worth of Shell V-Power Premium Gasoline®” is calculated as the average consumer’s yearly gasoline consumption of 636 gallons (4.5 fuel purchases per month x 11.77 gallons of gasoline per purchase x 12 months) at an average August 27, 2013 cost of $3.873/ gallon consistent with the Oil Price Information Services national average released on August 27, 2013 (636 x $3.873 = $2,463.22). The prize has been rounded up to $2,500.00.
By participating, all Entrants, including the Grand Prize Winner, Grand Prize winner’s guest and Weekly winners agree
a) to be bound by these Rules and the decisions of the Contest Sponsor and the judges; and
b) to release, indemnify and hold harmless the Contest Sponsor and its respective parent companies, affiliates, subsidiaries and independent contractors, and their respective directors, officers, shareholders, employees, agents and representatives, including advertising and promotion agencies, from any and all liability for claims/damages, including but not limited to claims/damages for personal injury (including death) property damage, with respect to or arising from acceptance, possession or use or misuse of the Prize or participation in the Contest, or for claims/damages based on publicity rights, defamation, intrusion of privacy or intellectual property infringement.
3.1 Intellectual Property:
By entering the Contest, Entrants represent and warrant to the Contest Sponsor that they own or have secured all rights necessary to publish their photographs, and waive all moral rights therein in favor of the Licensees (as defined below).
For those photographs that contain materials not owned by an Entrant (such as, but not limited to, music, individual names or likenesses, other copyright material, trademarks or logos) the Entrant must be able to provide written legal consent (in a form that is satisfactory to the Contest Sponsor) that permit the Entrant to use such materials in their Essays and photographs, and thereby gives the Contest Sponsor the right to use such materials in accordance with these Rules, and in particular within the scope of the rights granted to Licensees below.
Any form of plagiarism will result in automatic disqualification. Submitting modified copyrighted material to this Contest may disqualify the Entry, at the sole discretion of the Contest Sponsor. Photographs must be unpublished and may not have won any prize or award.
All Entrants acknowledge and agree that by entering the Contest, photographs are submitted on a non-confidential basis. Entrants further grant the Contest Sponsor, its affiliates and agents (including Edelman) (collectively “Licensees”) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, modify, edit, adapt, publish, translate, create derivative works from and, distribute the photographs, and incorporate the photographs into any form, medium or technology. The foregoing shall include the right to use the photographs or parts thereof for any advertising, promotional and/or recruiting purposes.
Licensees shall not be required to designate Entrants as the creators or authors of photographs or include any references to entrants on, or in connection with, any photographs in respect of which the foregoing rights are exercised.
All photographs must be in keeping with the Contest Sponsor’s image, and may not be offensive, or cannot defame or invade upon the publicity or privacy rights of any person, or otherwise infringe on any person or entity’s intellectual property, personal or proprietary rights, as determined at the sole discretion of the Contest Sponsor.
Photographs that do not adhere to these Rules may be disqualified at the sole discretion of the Contest Sponsor.
4. Legal jurisdiction:
The Contest shall be governed by the laws of the State of Texas without regard to its conflict of laws doctrine, and applicable federal laws of the United States of America. By entering the Contest, the Entrant agrees that the courts of their legal residence shall have jurisdiction to entertain any action or other legal proceedings based on any provisions of these Rules or the running of the Contest.
4.1 The Contest Sponsor shall not be held responsible for any problems, errors or negligence that may arise or occur in connection with the Contest.
The Contest Sponsor accepts no responsibility for loss, damage or claims caused by or resulting from the Contest or acceptance of a prize. The Contest Sponsor will not be responsible for late, lost, illegible, incomplete, falsified, tampered with, altered or destroyed entries and all such entries are void.
In the event it is determined that an Entrant has entered in a fashion not sanctioned by these rules the Entrant will be disqualified and all of the entries submitted by the Entrant will be disqualified. The Contest Sponsor is not responsible for any typographical, human or other error in the printing of Contest and/or collateral advertising materials, administration of the Contest, processing of the entries or in the announcement of the prizes or in any other materials or information associated with the Contest.
The Contest Sponsor will not be liable, and does not assume any responsibility, for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof.
The Contest Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive information by the Contest Sponsor on account of technical problems, or on account of traffic congestion on the Internet or at any website or any combination thereof.
4.2. The Contest Sponsor reserves the right to terminate or suspend this Contest or to amend the Rules at any time and in any way, without prior notice.
4.3. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Shell Oil Products US and not to Facebook. By participating in this promotion you agree to a complete release of Facebook from any claims.
4.4. SPONSOR & ADMINISTRATOR: The Contest Sponsor is Shell Oil Products U.S., 910 Louisiana, Houston, Texas 77002. The Administrator is Edelman (also referred to as the Contest Sponsor for the purposes of these Rules) on behalf of Shell U.S.