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1. How To Participate

1.1. General: 

No purchase necessary.  Before entering the How I FRN™ contest taking place January 30 through March 13, 2014 (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 (referred to as the “Contest Administrator” for the purposes of these Rules) on behalf of Shell Oil Products US.  Entries will be reviewed by the Contest Administrator and prize winners selected by the Contest Sponsor as outlined in these Rules.

1.3. Eligibility: 

The Contest is open only to legal residents of the United States and the District of Columbia who are 18 years of age or older as of January 30, 2014, 8:00:00 am (EST) or the age of majority in the contestants’ state of residence, whichever is older.  Void in New Jersey, 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 a photograph or video via Instagram or Twitter that represents the individual’s experience with the FRN program. 

To be eligible for a prize, entries must (a) include a photograph or video that relates to the FRN program (b) include a caption describing how the Entrant uses, or plans to use, the FRN program to save and (c) be accompanied by the official campaign hashtag, #HowIFRN and (d) be posted to a public account. 

The Contest will consist of three phases as described in sections 1.4.1 – 1.4.3. The Contest commences on January 30, 2014, 8:00:00 am (ET) and ends on March 13, 2014, 11:59:59 pm (ET) (the “Contest Period”).

1.4.1. Phase 1 – Entry Period:

January 30, 2014, 8:00:00 AM (ET) – March 13, 2014 11:59:59 PM (ET). To enter, Entrants should upload a photo or video to their personal Instagram or Twitter handles and tag with #HowIFRN. All Entries must be uploaded to their respective platforms by 11:59:59 pm (ET) on March 13, 2014 in order to be eligible to win a Prize.  The time stamp on the Entry will count as the official submission time for the Entry. 

To be eligible for a prize, each entry must (a) include a photo or video that relates to the FRN program (b) include a caption describing how the Entrant uses the FRN program to save and (c) be accompanied by the official campaign hashtag, #HowIFRN.

There is no limit to the amount of unique Entries allowed per person for each platform, Instagram and Twitter, during the Contest Period. The Prizes will be awarded as outlined in section 1.4.3, and section 3.  The Contest Sponsor are not responsible for late, lost, incomplete, illegible, damaged or misdirected Entries, or Entries using the wrong hashtag. 

If a dispute results as to the identity of an Entrant, the eligible Entrant is the authorized account holder assigned to the Instagram or Twitter Entry.  The Contest Sponsor and Contest Administrator’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 the photograph or video submission, including the rights to any person other than the submitter that appears in the photograph or video submission. Entrants and the Contest Sponsor hereby acknowledge there is no relationship between the Contest and the owner of any trademarks displayed in photographs or videos submitted by the Entrants.

Photographs and videos must be of good quality, unpublished, may not have won any prize or award and must be owned by the Entrant.  

All Entries must be keeping with the Contest Sponsor’ images, and may not be offensive, and 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 Contest 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.  

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 Winners: 

The judging period will take place from January 30, 2014 to March 19, 2014. Judging of the entries will be performed by the Contest Administrator and Contest Sponsor, outlined in section 3, in their sole discretion based on the following criteria: 30% adherence to entry requirements; 20% creativity of photo; 30% demonstrate basic understanding of how the program works; 20% demonstrate specific ways rewards were earned (or plan to be earned). Weekly prize winners will be eligible for the Grand Prize.

In the event of a tie, the entry with the highest Creativity score will win. If the tied entries’ creativity scores are identical, the remaining scores will be compared in the following order until the tie is broken: (1) Adherence to entry requirements (2) basic understanding of the program (3) ways rewards were (or plan to be) earned. 

The Contest Administrator and Contest Sponsor will identify one weekly prize winner per week from the pool of entrants who submitted during each week Monday 12:00 a.m. – Sunday 11:59 p.m.

From the pool of six weekly winners, the Contest Administrator and Contest Sponsor will identify a Grand Prize Winner, a First Runner-Up and a Second Runner-Up. 

Judges will apply the judging criteria in their sole and absolute discretion. The decisions of the judges are final and binding on all matters relating to judging of the photographs and videos.  

Winners will be selected by 11:59:00:00 PM (ET) on March 19, 2014.

1.4.3     Phase 3 –Potential Finalist Validation and Notification Period:

The Potential Winner Validation and Notification Period will take place March 20, 2014 – April 10, 2014.

Weekly prize winners will be notified via comment or direct message within five (5) business day after they have been selected as a winner by the Contest Administrator under 1.4.2.  The winners disqualify and forfeit their rights to prizing if they do not, within two (5) business days of having been notified of their finalist status by the Contest Administrator, respond to Contest Administrator via email and provide their email address and phone number. Winners will be notified via phone and email by March 28, 2014.

The winners disqualify and forfeit their rights to prizing if they do not, within five (5) business days of having been notified of their prize by the Contest Administrator, respond to Contest Administrator via phone or email and provide a signed copy of Contest Sponsor’ 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 this case, the Contest Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard, and the winner will have no recourse against the Contest Sponsor, company or anyone else involved with the Contest. 

Subsequent winners will be selected using this same process until a winner is selected and all forms required by this contract are completed.

In the event of a tie, the entry with the highest Creativity score will win. If the tied entries’ creativity scores are identical, the remaining scores will be compared in the following order until the tie is broken: (1) Adherence to entry requirements (2) basic understanding of the program (3) ways rewards were (or plan to be) earned.   

The Contest Sponsor and Contest Administrator are not responsible for incorrect and/or outdated contact information provided by winners. The Contest Sponsor’s decisions are final and binding on all matters relating to this Contest.

2. Panel of Judges

The Contest Administrator and Contest Sponsor will serve as judges. Judges will apply the criteria and allocate scores in their sole and absolute discretion. The decisions of the judges are final and binding on all matters relating to judging of the photographs and videos.

3. Prizes

The Grand Prize winner will receive a year’s worth* of Shell V-Power Premium Gasoline. Approximate Retail Value (ARV) of the prize is $2,100.00. The contest prize will be awarded in the form of twenty one (21) $100.00 (US) Shell and FRN Gift Cards.. The First Runner-Up will receive $1,000 in Shell and FRN Gift Cards, to be awarded in ten (10) $100 Shell and FRN Gift Cards.

The approximate retail value is $1,000. The Second Runner-Up will receive $500 in Shell and FRN Gift Cards, to be awarded in five (5) $100 Shell and FRN Gift Cards. Each Weekly Winner will receive $250 in Shell and FRN Gift Cards, to be awarded in two (2) $100 Shell and FRN Gift Cards and one (1) $50 Shell and FRN Gift Cards. Approximate retail value is $250.  Gift Cards are subject to the issuer’s Terms & Conditions. Total Retail Value of all prizes:  $5,100.00.

**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 January 22, 2014 cost of $3.283/ gallon consistent with the Oil Price Information Services national average released on January 22, 2014 (636 x $3.283 = $2,087.22). The prize has been rounded up to $2,100.00.

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.

4. General

By participating, all Entrants 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 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.

5.   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 videos, and waive all moral rights therein in favor of the Licensees (as defined below).

For those photographs and videos 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 photographs and videos, 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 and videos must be unpublished and may not have won any prize or award. 

All Entrants acknowledge and agree that by entering the Contest, Photographs and videos are submitted on a non-confidential basis.  Entrants further grant the Contest Sponsor, their 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 videos, and incorporate the photographs and videos into any form, medium or technology.

The foregoing shall include the right, to use the photographs and videos 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 and videos or include any references to Entrants on, or in connection with, any photographs and videos in respect of which the foregoing rights are exercised. 

All photographs and videos must be in keeping with the Contest Sponsor’ images, 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 and videos that do not adhere to these Rules may be disqualified at the sole discretion of the Contest Sponsor.

5.1 Personal Information:

Personal Information collected from Entrants by the Contest Sponsor will be used by the Contest Sponsor or their affiliates to administer the Contest and for internal analysis of participant demographics. Neither the Contest Sponsor nor their affiliates will share this information with any third parties, except as necessary for the administration of the Contest. 

The Contest Sponsor will not attempt to contact the Entrant for any other purpose than to administer the Contest unless they have opted-in to receive relevant product-related email communications from the Contest Sponsor. These communications may include, but are not limited to, publicity, advertising, marketing or promotional material through any contact method you have shared with us, including, but not limited to, email, mail, home phone, cell phone, Facebook, and Twitter.

Text and/or data rates may apply. The Contest Sponsor respect the privacy of everyone who participates in the Contest. Please read the Shell Privacy Policy carefully so that Entrants can understand how personal information is collected, used and disclosed.

The Privacy Policy can be found here: http://www.shell.us/home/content/usa/footer/privacy_policy/ and here: https://www.fuelrewards.com/fuelrewards/privacy.html 

6.  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.

7.  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 are 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 are 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.

7.2. 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.

7.3. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter. You are providing your information to Shell Oil Products US and not to Instagram or Twitter. By participating in this promotion you agree to a complete release of Instagram or Twitter from any claims.

7.4. SPONSOR & ADMINISTRATOR:  The Contest Sponsor are Shell Oil Products US, 910 Louisiana, Houston, Texas 77002.  The Administrator is Edelman (referred to as the Administrator for the purposes of these Rules) on behalf of Shell Oil Products US.

 

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