IF YOU DECIDE TO PARTICIPATE IN THE CONTEST AS AN ENTRANT OR AN ONLINE VOTER OF A CONTEST PHOTO SUBMISSION AND YOU AGREE TO BE BOUND BY THE TERMS OF THESE RULES AND THE SUBMISSION GUIDELINES, YOU WILL BE PROMPTED TO CLICK THE “I ACCEPT” BUTTON IDENTIFIED ON THE WEBSITE. BY CLICKING THE “I ACCEPT” BUTTON, YOU WILL HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT BETWEEN YOU (REFERRED TO AS, “YOU”, “YOUR”, OR “ENTRANT”) AND SPONSOR, WHEREBY YOU WILL HAVE ACKNOWLEDGED THAT YOU HAVE READ THESE RULES AND THE SUBMISSION GUIDELINES AND TERMS OF USE AGREEMENT AND AGREED TO BE BOUND BY THE TERMS OF THESE RULES AND THE SUBMISSION GUIDELINES AND TERMS OF USE AGREEMENT, AS MODIFIED FROM TIME TO TIME, AND YOU WILL HAVE CONSENTED TO ELECTRONICALLY ENTERING INTO THESE RULES.
YOU MUST CLICK THE “I ACCEPT” BUTTON PRIOR TO (1) UPLOADING ANY PHOTO TO THIS WEBSITE AND (2) PRIOR TO VOTING ONLINE ON ANY CONTEST PHOTO SUBMISSION.
IF YOU DO NOT AGREE WITH THESE RULES, PLEASE EXIT THIS WEBSITE. YOU WILL NOT BE ABLE TO PARTICIPATE IN THE CONTEST.
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ENTRY PERIOD.
The “Hardest Working Cars” Contest (the ''Contest'') begins on June 29, 2009 at 12:00:01 a.m. Central Time (''CT'') and ends on September 28, 2009 at 11:59:59 p.m. CT (the ''Contest Period''). All registration forms must be completed by, and all photo entries must be received by, 11:59:59 p.m. CT on September 28, 2009. Sponsor's Webmaster’s computer clock will serve as the official timekeeping device for the Contest.
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ELIGIBILITY.
This Contest is open to legal residents of the United States, who are 18 years of age or older as of June 23, 2009. The entrant may be asked to provide a valid driver’s license or state id at the time of entry Employees and the immediate families (spouse, parent, child, sibling, grandparents and their respective spouses) and household members of such employees (whether or not related) of Sponsor and Slingshot, LLC., and their respective parents, affiliates, subsidiaries, retailers, marketers, dealers, advertising and promotion agencies and prize suppliers are not eligible to enter the Contest or win a prize.
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HOW TO ENTER.
Registration. During the Contest Period, you may log onto www.Phillips66.com (the ''Website'') to register for the Contest. Registration instructions are found on the Website. You are required to carefully read these Rules and the Submission Guidelines and Terms of Use Agreement, incorporated herein by this reference. If you agree to be bound by the terms of such documents, you will be prompted to click the “I Accept” button, which process is more fully described above. There is no cost to enter or register on the Website.
Online Photo Submission. You must upload a digital photo of your hard working car and complete entry questionnaire to explain why your car is the hardest working car. PHOTOS MAY BE SHOT AT ANY PLACE, CONSISTENT WITH THESE RULES AND SUBMISSION GUIDELINES, AT YOUR DISCRETION. Photo submissions may be submitted by individuals only.
Use of Phillips 66-branded products will not, alone, influence the judging in any way. Phillips 66-branded products are not required to be included in your Photo. Proof that you uploaded or submitted a Photo to enter the Contest does not constitute evidence that Sponsor actually received it within the Contest Period. Sponsor is not responsible if any Photo submission is lost, stolen, damaged, and/or destroyed. Content requirements can be found in the Submission Guidelines and Terms of Use Agreement. . Instructions are located on www.Phillips66.com. All Photos should be submitted online in one of the following formats: .jpg or .gif only and at the highest resolution possible. File size cannot exceed 250k. You may submit up to five (5) Photos, but each must be different and submitted separately.
Sponsor’s Receipt of Photo Submission. Sponsor may acknowledge its receipt of your Photo submission via email.
Disqualification. In addition to any other rights of Sponsor to disqualify an entrant that is stated elsewhere in these Rules, Sponsor reserves the right to disqualify any Photo submission that it determines (in its sole discretion) to contain any content that is obscene; defamatory; dangerous; discriminatory; infringing; or otherwise inappropriate or unsuitable for publication to general audiences and may bring Sponsor or Sponsor’s Phillips 66 brand into disrepute; or that contains sale or use of illegal drugs or drug paraphernalia, sale of tobacco or alcoholic beverages to minors or to persons who are reasonably believed to be intoxicated or impaired, any offensive merchandise, action or activity (including without limitation books, magazines, video tapes, and video games that emphasize nudity or any third party trademarks other than those of Sponsor). All entrants must use caution and common sense in creating their entries.
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ENTRANT’S REPRESENTATION.
By entering the Contest, you represent and warrant that (i) each Photo submission is his or her original work (modifying, enhancing or altering a third party's preexisting work does not qualify as entrant's original creation); (ii) neither the submission itself nor the act of preparing the submission infringes or infringed on the property or other rights of any copyright, trademark, publicity, privacy or other proprietary right of any third party, union or guild; (iii) the submission has not been submitted in any other contest or won any award in any contest; (iv) entrant has the right to grant all of the authorizations, approvals, consents, rights and licenses granted to Sponsor herein; (v) all of the information and content provided by entrant in the Photo submission is accurate, current and complete; (vi) any statement made by you that may be considered as a testimonial about a Phillips 66-branded product is being given in return for the promise of a potential payment or prize; (vii) neither entrant nor entrant’s Photo submission violates the terms of these Rules; and (viii) these representations shall remain true throughout the duration of the Contest and Sponsor’s use of the Photo submission, whichever is longer. You further represent that you have received consent from anyone other than yourself who appears within the submitted materials for their inclusion in the Photo submission and such individuals grant permission to Sponsor to use their submissions, any derivatives/portions thereof, names, likenesses, and biographical information for promotional or advertising purposes in all media worldwide, without notice or receipt of prize awards, unless prohibited by law. Upon request by Sponsor, you agree to provide any documentation necessary to substantiate your compliance with these representations and warranties and the terms and conditions of these Rules.
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ASSIGNMENT OF ANY AND ALL RIGHTS IN ALL PHOTO SUBMISSIONS TO SPONSOR.
All Photo entries become the property of Sponsor and will not be returned. Upon submission of a Photo entry, entrant will be required to assign all right, title and interest in the Photo as condition for competing for a prize in the Contest. Entrant will also be required to secure all rights that a third party may have in the Photo or its content, and have those rights assigned to Sponsor. Entrant also acknowledges to Sponsor may utilize the Photo in any manner it desires. Sponsor will require all winners to execute a Release of Liability and Assignment of Rights Agreement to confirm this transfer of rights, or any prize will be forfeited and an alternate winner selected based in the criteria stated herein. Additional important details regarding the rights of entrants and persons appearing in submissions are contained in the Submission Guidelines and the Terms of Use Agreement.
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PRIZE AWARDS.
Prizes.
Grand Prize: The Grand Prize winner will receive gas for a year, valued at $2,600, paid in Phillips 66 gasoline gift cards good toward future purchases at Phillips 66-branded retail sites. Sponsor, in its sole discretion, will determine whether it will use and how it may use the Grand Prize winner's Photo submission or a portion or derivative thereof, and is under no obligation to do so. The Grand Prize winner will be ineligible for any other prize.
Runner-Up Prizes (next top 5 Photos): Each runner up will receive $250 payable in Phillips 66 gasoline gift cards good toward future purchases at Phillips 66-branded retail sites.
Total approximate value of all prizes in this Contest: $3,850.00
Sponsor reserves the right to, at its sole discretion to, (i) not issue all prizes if Sponsor determines that it did not receive a sufficient number of Photo submissions that can be deemed a “winner” and (ii) substitute any prize noted above for one of equal or greater value.
Prizes consist only of items specified herein. No transfer or substitution of prizes (or any portion thereof) or cash alternative permitted, except by Sponsor in the event the advertised prize is unavailable, in which case Sponsor reserves the right to substitute prizes of equal or greater monetary value. All income taxes, if any, on prizes are the sole responsibility of the winners. All prizes will be awarded provided a sufficient quantity of qualifying entries is received, and prizes are claimed properly in accordance with these rules.
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SELECTION OF WINNERS.
The Sponsor will review all eligible Photo submissions based on the following criteria in order to determine the 10 hardest working cars presented for final voting: Originality (25%), use of picture/story combination to convey the beauty and hardworking nature of the vehicle (50%), and overall execution (25%). In the event of a relevant tie, the entrant with the highest score in picture/story combination will be judged the winner. If ties still remain, the entrant with the next highest score in overall execution will be deemed the winner. If ties remain, the tied entries will be re-judged on the same criteria. If an entrant submits more than one entry in the Contest, only the highest-scoring entry shall be eligible for the online voting portion of the Contest.
Odds of winning depend upon the number of eligible submissions, scoring by the judges and number of online votes received. Potential winners will be notified by email, phone or postal mail and will be required to execute and return a Release of Liability and Assignment of Rights Agreement and an Affidavit of Eligibility within ten days of being notified of being a prize winner or they may be disqualified and alternate potential winners selected based on the criteria stated herein. Any person appearing in a winning Photo submission may also be required to execute a Release of Liability and Assignment of Rights Agreement or such winning entry may be disqualified.
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PUBLIC ONLINE VOTING.
Public Online Voting: All eligible photos selected by Sponsor, will participate in a public online voting event. The submissions will be posted for public viewing and voting on www.Phillips66.com beginning at 12:00:01 a.m. Central Time ("CT") on October 27, 2009 and ending at 11:59:59 p.m. CT on November 17, 2009 (the ''Public Voting Period''). All votes must be received by 11:59:59 p.m. CT on November 17, 2009. The computer clock of Sponsor's Webmaster is the official timekeeping device for voting purposes. Votes that do not comply with these Rules or the Submission Guidelines and Terms of Use Agreement, or that result from fraud or collusion, may be disqualified in Sponsor's sole discretion. If an entrant is found to have engaged in such fraud or collusion, all of his/her entries will be disqualified. The Photo submission receiving the highest number of votes will be deemed the “Grand Prize” winner. Odds of winning depends upon the number of votes received.
Who May Vote: In order to vote, you must be a legal resident of the United States and 18 years of age or older. Employees of Sponsor and Slingshot, LLC. and their subsidiaries, affiliates, distributors, wholesalers, retailers, franchise(s) and advertising and promotion agencies and the immediate families (spouse, parents, children, siblings, grandparents and each of their spouses), and any other entity that develops, produces, or distributes materials for or related to this promotion are not allowed to vote.
Number of votes per day: A participant is limited to one (1) vote per day per email account. If a participant submits more than one vote per day, all votes submitted by that participant that day will be void. All incomplete or non-conforming votes will be disqualified.
No robotic, automatic, mechanical, programmed or similar voting duplication method is allowed. No entrant is allowed to engage in fraudulent voting practices. Sponsor reserves the right to void all votes made through such methods and to disqualify any individual using such a method. By participating in the voting process, all participants agree to abide by and be bound by the Rules and the Submission Guidelines and Terms of Use Agreement.
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POSTING OF PHOTO SUBMISSIONS ON WWW.PHILLIPS66.COM
During the Contest Period, but prior to the Public Online Voting Period, selected Photos may be posted on www.Phillips66.com by Sponsor, at Sponsor’s sole discretion. If your Photo is selected for posting you will receive an email to notify you that your entry has been posted and may be viewed. Such postings may be on a rotating or occasional basis and may be discontinued at any time at Sponsor's sole discretion. Posting of an entry at this phase of the Contest Period is not meant to indicate that the entry is a winner, provisional winner or semi-finalist in the Contest, or is otherwise favored in any way. Postings will occur solely for promotional purposes. (You acknowledge and agree that Sponsor shall have no obligation to display your Photo on its Website, and Sponsor may remove any Photo posted at any time for any reason and without notice to you.)
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INDEMNIFICATION.
You acknowledge and hereby agree to release, indemnify, defend and hold harmless Sponsor, its representatives, agents, officers, directors and employees (collectively referred to as “Releasees”) from any claims, damages, costs or expenses (including reasonable attorney’s fees) arising as a result of (i) your failure to comply with the Terms; (ii) any third party claims arising from, related to or caused by your Photo submission and your participation in this Contest, (iii) any claims related to, including but not limited to, defamation, libel, slander, invasion of privacy, right of publicity, emotional distress and economic loss related to or arising out of your Photo submission(s); (iv) your acceptance, possession, use or misuse of a prize and (v) your use of this Website. You further agree to release and forever discharge Releasees from any and all losses, expenses, claims, damages, compensation, or prize award resulting from Sponsor’s termination of the Contest.
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ENTRY ERRORS.
Sponsor is not responsible for: (i) electronic or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants' or any person's computer and/or its contents, or causes beyond Sponsor's reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (iv) any Photo entries submitted in a manner that is not expressly allowed under these rules; (v) any typographical or other error in the printing or advertising of the offer, administration or execution of the Contest, or in the announcement of prizes/prize winners/finalists/semi-finalists; or (vi) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms, and denial of service attacks).
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GENERAL CONDITIONS.
Notwithstanding the foregoing, Prizes are non-transferable and no substitutions or cash equivalents permitted, except by Sponsor who reserves the right to substitute a prize of comparable or greater value, at its sole discretion. If a winner cannot accept prize, then the prize will be forfeited and, at Sponsor's discretion, awarded to an alternate winner. Potential winners of prizes valued over $600 must sign and return a notarized Affidavit of Eligibility, Liability/Publicity Release and W-9 form within 14 days of Sponsor’s first attempted notification. Noncompliance may result in disqualification and forfeiture of any prize. All federal, state and local taxes (if any) are the sole responsibility of the winner. By accepting the prize, each winner consents to the use by Sponsor and its designees of his/her name, city and state of residence and/or photograph for advertising, promotional and other purposes online and off-line in any and all media now or hereafter known throughout the world in perpetuity without compensation, notification or permission, unless prohibited by law. Sponsor reserves the right to verify eligibility qualifications of winners. Sponsor reserves the right to correct typographical, clerical or printing errors in any Contest materials. If Sponsor determines, in its sole discretion, that there is any suspected or actual tampering with the Contest, or fraud, unauthorized human intervention or other reasons that compromise the integrity of the Contest, Sponsor reserves the right to void the entries at issue and/or suspend, modify, and/or terminate the Contest. If the Contest is terminated due to tampering or other difficulties prior to its expiration date, notice will be posted at www.Phillips66.com. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by Sponsor or its agents. Any statement made by an entrant that may be considered as a testimonial is being given in return for the promise of a potential payment or prize.
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WHO WON?
For the winners' names (available after 12/1/2009) visit www.Phillips66.com.
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SPONSOR
ConocoPhillips Company, 600 N. Dairy Ashford, Houston, TX 77079.
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SPONSOR’S WEBMASTER
Webmaster@HardestWorkingCars.com
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ADMINISTRATOR
Slingshot, L.L.C., 208 N. Market St., Ste. 500, Dallas, TX 75202.
Phillips 66, and the Phillips 66 logo are trademarks of ConocoPhillips Company or one of its subsidiaries.