ENEOS x Super Street SEMA Contest 2018

OFFICIAL RULES

  • NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
  • THIS IS A SKILL-BASED CONTEST.
  • VOID WHERE PROHIBITED BY LAW.
  • AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
  • ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
  • SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
  • ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
  • THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, LLC (“INSTAGRAM”) OR SPECIALTY EQUIPMENT MARKET ASSOCIATION (“SEMA”).
  • GRAND PRIZE WINNER WILL BE REQUIRED TO TRAVEL (AND HAVE THEIR VEHICLE TRAVEL) TO SEMA, TAKING PLACE OCTOBER 30-NOVEMBER 2, 2018 OR GRAND PRIZE WINNER WILL BE DISQUALIFIED FROM RECEIVING THE GRAND PRIZE.

BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1.  Eligibility.  The ENEOS x Super Street SEMA Contest (the “Contest”) is open only to individuals who are at the time and date of entry: (i) legal residents and physically located in the forty-eight (48) continental states in the United States or the District of Columbia (excluding Hawaii and Alaska); and (ii) at least twenty-one (21) years of age or older.  Employees, officers and directors of JX Nippon Oil & Energy (“Sponsor”, “us” or “we”), the id agency, their parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the “Contest Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Contest or win a prize.  For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not.  Void where prohibited by law.  By entering or participating in the Contest, entrants agree to be bound by these “Official Rules” and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules.

2.  Entry Period.  The Contest begins on or about 12:00 p.m. Pacific Time (“PT”) on Wednesday, August 15, 2018 and all entries must be received by the Sponsor on or before 12:00 p.m. PT on Friday, August 31, 2018 (the “Entry Period”).

3.  How to Enter.  To participate and enter this Contest via Instagram, individuals will need a mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform.  Additionally, individuals will need to download the Instagram application from their mobile device’s app store and sign-up for an Instagram account (“Instagram Account”) if you do not already have an Instagram Account.  Creating an Instagram Account is free.  By submitting your information and creating an Instagram Account however, entrants will be required to agree to the Instagram terms of service and privacy policy.  If you do not agree to Instagram’s terms of service and privacy notice, you cannot create an Instagram Account or participate in this Contest via Instagram.  To enter the Contest, during the Entry Period, each entrant will be asked to post from their Instagram Account at least one (1) photograph or (up to) one (1) sixty (60) second video that includes images of entrant’s vehicle (collectively, the “Submission”) in a public post on Instagram.  Entrant’s entry post must also include the vehicle originating make/model/year and at least 5 modifications done.  When entrants post their Submission to their Instagram account, entrant must include the unique hashtag “#ENEOSSEMA2018CONTEST” as part of their Instagram post.  For purposes of this Contest, a Submission is collectively the photograph(s) and video file submitted by the entrant that follows the technical, creative and legal requirements disclosed in the advertising for the Contest and elsewhere in these Official Rules, including, without limitation, the Content Guidelines (defined below).

Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry.  NOTE: Sponsor may not receive entries from Instagram users with “private” account settings (i.e., user has set their Instagram Account so that only people the user has approved can view their photos) due to the way Instagram operates its service.  Sponsor, at its sole discretion, may accept a technically incorrect unique term.

Limit of three (3) entries per person for the Contest during the Entry Period.  A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed in these Official Rules, including, without limitation, including both designated hashtags in their Instagram post.  The database clock of Sponsor’s Contest Website (defined below) will be the official timekeeper for the Contest.  Those who do not follow all of the instructions, provide the required information in their Submission, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion.  All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion.  Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void.  All entries become the physical property of Sponsor and will not be acknowledged or returned.  Assurance of delivery of entries is the sole responsibility of the entrant.

In the event of a dispute as to the identity of any entrant who submits an entry, the entry will be deemed submitted by the account holder of the account (e.g., Instagram) from which it was sent but only if such person is otherwise eligible.  The “account holder” is the person assigned a username by the entity responsible for assigning it (e.g., Instagram).  Winners may be required to show proof of being the registered account holder.  If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible.  Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.

4.  Submission Content Guidelines.  Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the Contest Website, each at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:

  • Submissions must comply with these Official Rules and any Terms of Use posted on the Contest Website and on the Instagram platform and meet all specifications or requirements called for on the Contest Website and other advertising for the Contest.
  • Except for materials that are in the public domain, each Submission, in its entirety, must be a single work of original material created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and suitable for presentation in a public forum.
  • Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
  • Except for materials in the public domain, Submissions must include only materials created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and must not infringe on the intellectual property rights of any other person or entity.  Sponsor does not permit the infringement of others’ rights and any use of materials that infringe third party rights is grounds for disqualification from the Contest and may subject you to liability.  Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor.
  • Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website such as viruses, Trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
  • Individuals should not be reckless in creating their Submissions.  Videos showing vehicles driving at high rates of speed and/or performing dangerous stunts are highly discouraged.  Individuals must comply with all applicable laws when creating his/her Submission.
  • Submissions should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual.
  • Video Submissions should not include any music.
  • Entrant must have permission from any individuals that appear in his or her Submission (e.g., family members, friends or others).
  • No background artwork should appear in the Submissions unless it is an original work of the entrant.  Any artwork, murals, etc. that can be seen in Submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
  • Vehicles that appear in the Submission must be capable of appearing at SEMA 2018, be in good condition and be in good running order.

5.  Intellectual Property.  Entrant, upon submission of his or her Submission to the Contest, irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submission, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants or any third party, except for the awarding of the prize to the winners in this Contest.  Entrants agree that during the Entry Period, they shall not make, and shall not permit, any other public use, display or distribution of the Submissions, and they shall maintain all rights without encumbrances so that, if Sponsor desires, entrants can assign all rights in and to Submissions if selected as a winner.  Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Submissions, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses.  Without limiting the forgoing, Sponsor will have the right to use the Submissions submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose.  Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with Submissions submitted as part of the Contest.  Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a winner, Sponsor may request that the entrant’s Submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (defined below) (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving his/her prizes.  Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations.  Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission.  Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Submissions submitted.  All Submissions that are posted on the Contest Website or elsewhere are available to be viewed by anyone with access to the Internet.

Each entrant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created.  Each entrant acknowledges that Sponsor and other entrants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities.  Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for any Contest Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever.  Submissions are not confidential and the Contest Entities’ only obligations to entrants regarding Submissions are as specifically set forth in these Official Rules.  The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.  Entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.  Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor.  Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.

6.  Representations, Warranties and Indemnity.  By entering the Contest, entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules.  Entrant further represents and warrants that his or her Submission and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Submissions) are wholly original with such entrant and are not a copy or imitation of any other material or entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof.  Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission and to verify compliance with the foregoing requirements.  Entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents.  Sponsor reserves the right, in its sole discretion, to disqualify and/or not to post on the Contest Website any Submission that Sponsor determines does not comply with these Official Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the entrant to do so.  Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her Submission, or any images, text and materials depicted therein, to any other third party.  Further, entrant represents and warrants that Sponsor’s use of any Submission, including any images, text and materials depicted therein, shall not violate an agreement to which such entrant has signed.  Entrant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by entrant in connection with his or her acceptance of these Official Rules or Contest activities.

7.  Determining the Finalists and Grand Prize Winner.

Determining the Finalists:  After the conclusion of the Entry Period, each Submission will be reviewed by a panel of judges (the “Judges”) assembled by Sponsor, who will review and judge all eligible Submissions based on the following judging criteria (collectively, the “Judging Criteria”):

  • 33.3% quality of work done to the vehicle in Submission;
  • 33.4% creativity; and
  • 33.3% the Submission that best represents the spirit of the ENEOS brand.

Based on the total score the Judges assign to each Submission using the Judging Criteria, up to ten (10) Submissions will be ultimately selected by the Judges and each individual who submitted a selected Submission will be potential “Finalists,” subject to confirmation that the potential Finalist has met the eligibility requirements and complied with these Official Rules.  If there is a tie after the Judges apply the Judging Criteria, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to break the tie and determine the Finalist.

Determining the Grand Prize Winner:  Beginning on or about September 14, 2018 through September 20, 2018 (the “Public Voting Period”), up to ten (10) selected Finalist entries will be posted on Instagram and/or on www.eneos.us/sema-contest-2018 (“Contest Website”) to be rated by other users (“Users”).  Users must be thirteen (13) years of age or older to vote.  Users will be asked to judge the Submissions based on the Public Voting Criteria (defined below).  Users are required to critically evaluate each Submission and vote for their favorite Submission based on: (i) 50% based on the public appeal of the Submission; and (ii) 50% based on originality and creativity of the Submission (collectively, the “Public Voting Criteria”).

During the Public Voting Period, Users may vote on each Submission a maximum of once.  Users can vote by following the instructions to participate in the voting process.  Any entrant or other User offering or using, or attempting to use a “cheat,” payment, or other incentive (such as, the offer or acceptance of any benefit, compensation, gift or award in conjunction with voting or not voting for a given entry), or any other means to obtain votes or manipulate the results of the public voting may be disqualified and any votes earned by those means may be void, in Sponsor’s sole discretion.  If attempts are made to vote in excess of the stated limits or obtain votes by means other than as specifically set forth in this Section, Sponsor may, in its sole discretion, disqualify any related entrant or votes.  Use of any automated, script, software, macro or robotic program or any other automated or improper means to submit or gain votes may result in the disqualification, in the sole discretion of the Sponsor, of the entry to which such votes relate, of the votes themselves, or both.  Sponsor shall have the sole discretion to institute policies, protocols and procedures designed to enforce the intent of such restriction.

The Submission that receives the highest valid vote total during the Public Voting Period will receive a score of ten (10) points.  All other Submissions will be given a score for their valid vote totals in proportion to the Submission receiving the highest valid vote total.  For example, if the highest valid vote total received by a Submission is one hundred (100) valid votes, that Submission would receive ten (10) points for the “Public Voting” component of the total score.  As such, a Submission receiving twenty (20) valid votes during the Public Voting Period would then receive two (2) “Public Voting” points, since twenty (20) out of one hundred (100) valid votes is 1/5th of the highest valid public vote total.  For the avoidance of doubt, the “Public Voting” score is dependent upon the number of valid votes a Submission receives as well as the highest valid vote total received by any Submission during the Public Voting Period.

After the conclusion of the Public Voting Period, each Submission will then be reviewed by the Judges assembled by Sponsor, who will re-review and judge all eligible Finalist Submission based on the Judging Criteria.  Each of the Judges will have ten percent (10%) of the final score and the Public Vote will make up the last ten percent (10%).  Based on the total score the Judges assign to each Submission using the Public Vote and scores from the Judges using the Judging Criteria, one (1) winning Submission, or “Winning Vehicle,” will be ultimately selected by the Judges and the individual Finalist of that Submission will be the potential “Grand Prize Winner”, and for the other two (2) Finalists who are not selected as the Grand Prize Winner, the one (1) Finalist with the second highest score will be selected as the “2nd Place Winner” and the other as the “3rd Place Winner”, subject to confirmation that each Winner has met the eligibility requirements and complied with these Official Rules.  In the event of a tie during the winner selection process, the Sponsor will break the tie using the highest ranking submission in the “creativity” category.  If there still remains a tie, Sponsor will bring in a tie-breaking Judge to apply the same Judging Criteria to determine the winners.

8.  Finalist and Grand Prize Winner Notification.  The potential Finalists will be notified by mail, email and/or other method (as selected by Sponsor) on or about September 5, 2018, unless extended by Sponsor.  The Winners will be notified by mail, email and/or other method (as selected by Sponsor) on or about September 21, 2018, unless extended by Sponsor.  The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information.  Notification is deemed to have occurred immediately upon sending of an email or other electronic message, one (1) day after sending via a delivery service or two (2) days after mailing.  The potential Finalists and Winners will be required to execute and return an affidavit of eligibility, a liability release, a publicity release and services and performances agreements (collectively, “Prize Acceptance Documents”) within five (5) days of date of issuance.  As part of completing the Prize Acceptance Documents, each Finalist may be required to provide proof of vehicle ownership of the vehicle that appears in the winning Submission.  If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential Finalist or Grand Prize Winner or a potential Finalist or Grand Prize Winner is not in compliance with these Official Rules, the prize(s) will be forfeited and, at Sponsor’s discretion, an alternate winner selected.

Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner.  If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected.  The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.

9.  Prizes and Values.  The prizes to be awarded in this Contest are as follows:

(A)          2nd Place Winner Prize Description: The 2nd Place Winner will receive the following prize package: (i) two (2) cases of ENEOS® oil of their choice (to be selected from products displayed on www.eneos.us as available at the time of selection), up to a $238.00 value; (ii) a prize package of ENEOS promotional items including a t-shirt, hat, stickers, and/or other items, with an Approximate Retail Value (“ARV”) of $100.00; and (iii) a prize package of Super Street Magazine promotional items including two (2) t-shirts, a hat, and stickers with an ARV of $100.00.  The Total ARV of the 2nd Place Winner Prize Package: $438.00.

(B)          3rd Place Winner Prize Description: The 3rd Place Winner will receive the following prize package: (i) a case of ENEOS® oil of their choice (to be selected from products displayed on www.eneos.us as available at the time of selection), up to a $119.00 value; (ii) a prize package of ENEOS promotional items including a t-shirt, hat, stickers, and/or other items, with an ARV of $75.00; and (iii) a prize package of Super Street Magazine promotional items including: two (2) t-shirts and stickers with an ARV of $75.00.  The Total ARV of the 3rd Place Winner Prize Package: $269.00.

(C)          Grand Prize Winner Prize Description:  Sponsor will be awarding the Grand Prize Winner, one (1) “Trip Prize” consisting of: (i) two (2) roundtrip economy/coach airline tickets for the Grand Prize Winner and one (1) companion via a Sponsor-selected air carrier(s) from a major commercial airport selected by Sponsor, in its sole and absolute discretion to Las Vegas, Nevada OR a cash amount of up to $1,500, based on the distance of travel, to be used for personal and “Winning Vehicle” ground transportation of choice by the Grand Prize Winner to attend SEMA, taking place October 30, 2018 – November 2, 2018; (ii) a minimum four (4)-night hotel stay (one (1) standard room based on double occupancy) for the Grand Prize Winner and one (1) companion in Las Vegas, Nevada, checking in by the soonest date of October 29th, 2018 and checking out November 2nd, 2018; (iii) at least one (1) Vegas experience during the Trip Prize; (iv) two (2) badges to the SEMA show as a guest of ENEOS (which show is not open to the public); (v) per diem for meals and transportation for the entire trip of $1,000, (vi) three (3) cases of ENEOS® oil of their choice (to be selected from products displayed on www.eneos.us as available at the time of selection), up to a $357.00 value; (vii) a prize package of ENEOS promotional items, including two (2) t-shirts, hat, banner, stickers, and/or other items, with an ARV of $150; (viii) a prize package of Super Street Magazine promotional items including two (2) t-shirts, a hat, banner and stickers from Super Street Magazine with an ARV of $150, and (ix) hauling of the “Winning Vehicle” to and from Las Vegas using a vendor selected by Sponsor, in its sole and absolute discretion (unless provided by Winner in ground transportation cash provision featured in item (i)).  The total ARV for the Trip Prize is: Ten Thousand Four Hundred Eighty-Seven Dollars ($10,487.00) (USD).  Grand Prize Winner must ensure that their Winning Vehicle will be transported either personally or through a vendor selected by Sponsor to SEMA or Grand Prize winner will forfeit the the Trip Prize (and all other prizes).  Grand Prize Winner will be required to include ENEOS stickers and other signage, as selected by Sponsor, on their Winning Vehicle during the entirety of SEMA.  Actual retail value of Trip Prize may vary depending on point of departure, travel dates and fare/rate fluctuations and may change significantly depending on costs of transporing the Grand Prize Winner’s vehicle to/from SEMA.  All travel arrangements must be made through the Sponsor or Sponsor’s designee.  Certain restrictions and blackout dates may apply.  The Grand Prize Winner is required to arrive up to two (2) days prior to SEMA conference start date of October 31, 2018 to supervise and/or facilitate load-in of Winning Vehicle to its designated display position, and is required to be present at the end of the final show day of November 2, 2018 to supervise and/or facilitate load-out of Winning Vehicle from its position on the show floor to designated ground transportation carrier or vehicle.  The Grand Prize Winner of the Trip Prize must travel as and when designated by Sponsor or the Trip Prize may be forfeited and an alternate Winner selected based on the process set forth above.

The Trip Prize Winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable.  It is the responsibility of the Trip Prize Winner and his or her companion(s) to provide proper documentation (including government issued picture identification).  All aspects of the travel portions of the Trip Prize must be conducted on such dates as determined by Sponsor in its sole and absolute discretion.  The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion.  Airline tickets are non-refundable/non-transferable and may not be valid for upgrades and/or frequent flyer miles.  Travel must be booked at least two (2) weeks prior to travel and all travel must be completed immediately before and after SEMA.  SEMA is a trade-show only event and not open to the general public.  All airline tickets are subject to flight variation, work stoppages, and schedule or route changes.  Sponsor reserves the right to structure travel route and select hotels in its sole and absolute discretion.  The Trip Prize Winner will not receive cash or any other form of compensation if actual travel costs are different than the estimate made in these Official Rules.  The round trip air transportation and/or vehicle ground transportation element for the Trip Prize begins and ends at the point of departure.  The Trip Prize is subject to seat and hotel availability, as well as Sponsor’s and prize providers’ terms and conditions generally applicable thereto.  In the case the Trip Prize Winner chooses a cash amount for personal and vehicle ground transportation, the amount shall be calculated at the rate of $0.50 per mile of travel to and from the Las Vegas Convention Center, not to exceed $1,500.00.  If in the judgment of Sponsor air travel is not required due to Trip Prize Winner’s proximity to Trip Prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion.  The difference in value will not be awarded to the Trip Prize Winner.

Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Trip Prize-related services or accommodations.  Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay.  No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor.  Additional prize award details and travel information to be provided to the Trip Prize Winner at the time of Trip Prize notification.   Trip Prize Winner and companion are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.  The Trip Prize Winner may be required to provide a credit card at the time of hotel check-in.  Companion of Trip Prize Winner must be at least twenty-one (21) years of age in his or her state of residence as of the date of departure.  Travel companion must execute liability/publicity releases prior to issuance of travel documents.  Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion.  Travel is subject to the terms and conditions set forth in this Contest, and those set forth by Sponsor’s transportation carrier(s) of choice.  Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.  All expenses not specifically mentioned herein, are not included as part of any Trip Prize package, and are solely the Trip Prize Winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at the Trip Prize Winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges.  Transportation carrier and hotel regulations and conditions apply.  Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Trip Prize Winner.

Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion.  All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with his/her prizes, the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  In the event a winner (and/or his or her companion) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize, including ending a trip  or other applicable experience early.  If the trip is ended early and vehicle ground transportation costs have been previously provided to the Trip Prize Winner, the Sponsor at its sole discretion may choose to hire ground transportation to remove and transport the winning vehicle at the end of the show to a storage facility of its choosing, which will be relayed to the Trip Prize Winner or their designee with instructions for retrieving the vehicle.  All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  Prize winners will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used.  The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  The winners may be required to provide Sponsor with a valid social security number before the prizes will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winners for the actual value of the prizes received.  Unclaimed prizes will be forfeited.

The total ARV of all of the prizes awarded in this Contest is: Eleven Thousand One Hundred Ninety-Four Dollars ($11,194) (USD).

10.  General Conditions.  Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest.  Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website.  Persons who tamper with or abuse any aspect of the Contest or Contest Website or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment.  Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor.  The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages.  CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

11.  Release.  By participating in the Contest, entrant agrees to release, discharge and hold harmless the Contest Entities, Instagram, LLC, Motor Trend Group, LLC, dba Super Street Magazine, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrant’s participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize).  Without limiting the generality of the foregoing, entrant agrees that Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prize(s) provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties.  Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties.  Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.

12.  Publicity Release.  Subject to applicable law, winners irrevocably grant the Released Parties and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by any and all means and media (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners.

13.  Suspension / Modification / Termination.  In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest.  Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.  The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest.

14.  Governing Law / Limitation of Liability.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

15.  Dispute Resolution.  The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Cook County, Illinois and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in Cook County, Illinois.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Cook County, Illinois.  Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

16.  No Obligation to Use.  Sponsor shall have no obligation (express or implied) to use any 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 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.

17.  Dates & Deadlines/Anticipated Number of Contestants.  Because of the unique nature and scope of the Contest, 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 Contest.  Sponsor cannot accurately predict the number of entrants who will participate in the Contest.

18.  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 these Official Rules, then entrant agrees to sign the same upon Sponsor’s request therefor.

19.  List of Contest Winners.  To receive any legally required list of the winners, send a stamped, self-addressed envelope to: JX Nippon Oil & Energy USA, ENEOS x Super Street SEMA Contest Winners List, Attn: Mie Maruyama, 20 N. Martingale Rd., Suite 325, Schaumburg, IL 60173, within sixty (60) days of expiration of the Entry Period.

20.  Identification of Sponsor.  This Contest is sponsored by: JX Nippon Oil & Energy USA, 20 N. Martingale Rd., Suite 325, Schaumburg, IL 60173.  Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.

21.  Information Submitted.  As a condition of entering the Contest, entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules.  Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest Winner’s list.

22.  Miscellaneous.  The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Contest Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.

 

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