Rules & Regulations
The Making Green Miles/Mile Maker Promotion
OFFICIAL RULES
NO PURCHASE NECESSARY
PROMOTION DESCRIPTION: The Making Green Miles/Mile Maker Promotion (the "Promotion") begins at 12:01 a.m. Eastern Time ("ET") on June 1, 2009 and ends at 11:59 p.m. ET on August 31, 2009 (the "Promotion Period"). The Promotion provides entrants with the opportunity to upload an essay describing their Green Miles (e.g. what are you doing to reduce your carbon footprint by being green) and to submit the essay for consideration. The eligible essays will be posted online for voting by the general public and the individuals submitting the ten (10) essays that receive the most votes will be entered into a random drawing to select the Grand Prize winner, as described below. Additionally, for each entry received (up to 500 entries) "Sponsor" (as defined below) will fund the planting of three (3) trees by American Forests. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Gulf Oil Limited Partnership, 100 Crossing Blvd., Framingham, MA 01702 ("Sponsor"), which shall be final and binding in all respects.
ELIGIBILITY: The Promotion is open only to legal U.S. residents who are eighteen (18) years of age or older and reside in Maine, New Hampshire, Vermont, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Rhode Island, Delaware and Ohio. Employees, officers, directors and agents of Gulf and its respective parents, subsidiaries, affiliates, divisions, agents and advertising agencies (collectively, the "Promotion Providers"), and their immediate families (parents, siblings, children and/or spouses), regardless of where they live, or members of the same household (whether related or not), are not eligible to enter or win any prizes. Void outside of the Eligibility Area and where prohibited or restricted by law. All applicable federal, state and local laws and regulations apply.
HOW TO ENTER: To enter, visit the website www.gulfoil.com/makinggreenmiles (the "Website"), and complete the Official Entry Form with the information requested, and follow the instructions to upload your essay (the "Submission") directly to the Website. Limit one (1) entry per person. Each Submission that is entered into the Promotion must meet the following "Submission Requirements" (any Submission that, in Sponsor's sole and absolute discretion, violates the following criteria will be disqualified):
(a) The Submission must be your own original, unmodified, previously unpublished work and not contain any third party copyrighted material;
(b) essays must be no more than one-hundred (100) words; and
(c) the Submission must not include text that is obscene, pornographic, libelous, illegal, discriminative, or otherwise objectionable.
No substitutions of new Submissions will be accepted under any circumstances once the original Submission is entered for consideration. All requested information on the Official Entry Form must be completed to enter and to be eligible to win. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Submissions become the exclusive property of the Sponsor and will not be returned or acknowledged. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor.
Note: Sponsor reserves the right, in its sole discretion, to disqualify any Submission in the Promotion if Sponsor views the Submission as potentially infringing or otherwise a violation or potential violation of a third party's rights or if it deems the Submission to be lacking in taste, quality, or to be otherwise objectionable.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Promotion represents and warrants as follows: (i) the Submission is the entrant's own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; and (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Promotion Providers harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
GRANT OF RIGHTS: Each entrant into the Promotion hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the Submission.
PUBLICITY RELEASE: By participating in the Promotion, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Promotion, each entrant irrevocably grants the Promotion Providers and their respective successors, assigns and licensees, the right to use such entrant's name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, advertising and promotional purposes and hereby release the Promotion Providers from any liability with respect thereto.
FINALIST SELECTION: During the Promotion Period, as Submissions are received, those that are approved by Sponsor will be made available for viewing on the Website. Visitors of the Website will be invited to vote on their favorite Submission and at the end of the Promotion Period, and assuming a sufficient number of eligible entries are received, the ten (10) Finalists will be determined based on the total number of votes received each Submission. Entrants will be disqualified if automatic voting software is used in their favor. Limit one (1) vote per person and/or per email address per day.
GRAND PRIZE WINNER SELECTION AND NOTIFICATION OF GRAND PRIZE WINNERS: At the conclusion of the Promotion Period, the Grand Prize winner will be selected in a random drawing from among the ten (10) Finalists. The potential Grand Prize winner will be notified by telephone and/or mail and/or e-mail, using contact information provided or collected at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner will be selected. Sponsor, in its sole discretion will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go un-awarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. Odds of winning the Grand Prize depend upon the number of eligible entries received.
PRIZE:
One (1) Grand Prize is available. The Grand Prize consists of a $250 Gulf gas card and Gulf will donate $250 to American Forests for the planting of 250 trees on the winner's behalf.
No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize of comparable value if a prize listed or any portion thereof is unavailable for any reason. Gift card is subject to the terms and conditions imposed by Gulf.
GENERAL PRIZE CONDITIONS: No cash alternative of prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason. Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Any potential prize winner may be required to execute an Affidavit or Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected.
GENERAL LIABILITY RELEASE: By participating in the Promotion, each entrant agrees that the Promotion Providers (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Promotion or in any Promotion related activity, or from entrant's acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. The Promotion Providers assume no responsibility for any damage to an entrant's or any other person's computer system which is occasioned by accessing the Website or otherwise participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or (if applicable) postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, web sites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Promotion is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, suspend or extend the Promotion and, in the event of any termination or cancellation, select a winner(s) from among all eligible, non-suspect entries received prior to the termination or cancellation. In the event Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control Sponsor shall have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated before the designated end date, Sponsor will (if possible) select the winner from among all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Any attempt by an entrant or any other individual to deliberately damage the Website or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person in connection with the Promotion, is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify the applicable individual and seek damages and other remedies from any such person to the fullest extent permitted by law. If any provisions of these Official Rules are determined to be invalid or unenforceable, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Promotion. Sponsor cannot accurately predict the number of entrants who will participate in the Promotion.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of this Agreement, then each entrant agrees to sign the same upon Sponsor's request therefor.
WINNERS LIST: For the name of the Grand Prize winner, send a self-addressed, stamped envelope to Winner's List, "Making Green Miles Promotion", Gulf Oil Limited Partnership, 100 Crossing Boulevard, Framingham, MA 01702. Requests for a Winner's List must be received by August 31, 2009. Vermont residents may omit return postage.