ENEOS x Pit+Paddock 2023 SEMA Show Car Contest 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 OR SPECIALTY EQUIPMENT MARKET ASSOCIATION (“SEMA”).
- GRAND PRIZE WINNER WILL BE REQUIRED TO TRAVEL (AND HAVE THEIR WINNING VEHICLE TRAVEL) TO SEMA, TAKING PLACE IN LAS VEGAS, NEVADA BETWEEN OCTOBER 31, 2023-NOVEMBER 3, 2023. VEHICLE MUST ARRIVE TO LAS VEGAS CONVENTION CENTER BY OCTOBER 28, 2023. IF GRAND PRIZE WINNER CANNOT TRAVEL ON THESE DATES, GRAND PRIZE WILL AUTOMATICALLY BE FORFEITED. ALL TRAVEL ARRAGNEMENTS TO/FROM SEMA ARE GRAND PRIZE WINNER’S SOLE RESPONSIBILITY AND $6,000 WILL BE AWARDED AS PART OF THE GRAND PRIZE PACKAGE TO HELP WINNER DEFRAY TRANSPORTATION AND TRAVEL COSTS.
- THIS CONTEST, INCLUDING ANY EVENT ASSOCIATED WITH THE GRAND PRIZE, MAY BE CANCELED OR POSTPONED BY SPONSOR, IN FULL OR IN PART, AT ANY TIME, INCLUDING FOR REASONS DUE TO ANY FORCE MAJEURE EVENT SUCH AS A PANDEMIC.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT, SO PLEASE 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.
The ENEOS x Pit+Paddock 2023 SEMA Show Car Contest (the “Contest”) is open only to individuals who are at the time and date of entry: (i) legal residents of and physically located in the forty-eight (48) continental United States or the District of Columbia; and (ii) at least twenty-one (21) years of age or older. Void in Alaska, Hawaii and where prohibited by law. Employees, officers and directors of ENEOS USA, Inc. (“Sponsor”, “us” or “we”), The ID Agency (“Administrator”), Pulli & Candido Media, LLC, dba Pit+Paddock, each of their respective 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. 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. 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. 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. Eastern Time (“ET”) on Monday, August 28, 2023 and all entries must be received by the Sponsor on or before 12:00 p.m. ET on Monday, September 18, 2023 (the “Entry Period”). Entries will not be accepted for posts that are edited and datemarked before the Entry Period.
3. How to Enter.
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, therefore entrant must have a “public” Instagram account. Sponsor, at its sole discretion, may accept a technically incorrect unique term.
Limit of one (1) Submission 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). Grand Prize Winner (defined below) 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:
- 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.
- 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. For example, 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 copyrighted music.
- Entrant must have permission from any individuals that appear in his or her Submission (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.
- Vehicle that appears in the Submission must be available to appear at SEMA 2023, be in good condition and be in good running order and owned by the entrant.
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 entrant’s 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 Grand Prize Winner 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”):
- 3% quality of work done to the vehicle in Submission;
- 4% creativity; and
- 3% the Submission that best represents the spirit of the ENEOS and Pit+Paddock brands.
Based on the total score the Judges assign to each Submission using the Judging Criteria, up to five (5) Submissions will be ultimately selected by the Judges and each individual who submitted a selected Submission will be a potential “Finalist,” 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 25, 2023 through October 2, 2023 (the “Public Voting Period”), the five (5) selected Finalist entries will be posted on Instagram and/or on www.eneos.us/ (the “Contest Website”) to be voted on by other users (“Users”). Users must be thirteen (13) years of age or older to vote. Users will be asked to vote for their favorite Submission.
During the Public Voting Period, Users may vote only 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 Finalist Submission will then be reviewed by a new team of three (3) Judges assembled by Sponsor, who will review and judge the five (5) Finalist Submissions based on the Judging Criteria. Each of the Judges will have thirty percent (30%) of the final score (i.e., the Judges control ninety (90%) of the final score assigned to each Finalist Submisssion) and the Public Vote will make up the last ten percent (10%) of the Finalist Submission’s score. Based on the total combined score the Judges assign to each Submission plus the Public Voting score, the individual with the highest combined total score will be the one (1) winning Submission and the individual Finalist who submitted that Submission will be the potential “Grand Prize Winner”, subject to confirmation that the Grand Prize Winner has met the eligibility requirements and complied with these Official Rules. In the event of a tie during the Grand Prize Winner selection process, the Sponsor will break the tie using the highest ranking Finalist 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 potential Grand Prize Winner. For the avoidance of doubt, the Finalists who are not determined to be the Grand Prize Winner will not be awarded a prize of any kind.
8. Finalist and Grand Prize Winner Notification.
The potential Finalists will be notified on or about September 25, 2023. The Grand Prize Winner will be notified by mail, email and/or other method (as selected by Sponsor) on or about October 9, 2023, 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 Grand Prize Winner may 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, the Grand Prize Winner 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 the potential Grand Prize Winner or the potential 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 the potential Grand Prize 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 Grand Prize 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 Grand Prize Winner.
9. Prizes and Values.
Prizes and Values. Sponsor will be awarding the Grand Prize Winner one (1) “Grand Prize” consisting of: (i) a cash amount of $6,000.00, to be used for trip expenses, including, without limitation, personal transportation and “Winning Vehicle” ground transportation of choice by the Grand Prize Winner for Grand Prize Winner’s use to attend SEMA, taking place in Las Vegas, Nevada from October 31, 2023-November 3, 2023 (Grand Prize Winner must be willing to drive/transport their Winning Vehicle to Las Vegas for arrival in the afternoon of October 28, 2023, and the Winning Vehicle must stay at SEMA through 8:00 p.m. ET on Friday, November 3, 2023 or he/she forfeits his/her right to receive the Grand Prize); (ii) a 6-night hotel stay (one (1) standard room based on double occupancy) at a hotel selected by Sponsor for the Grand Prize Winner in Las Vegas, Nevada, with an ARV of $1,700.00; (iii) two (2) visitor passess for Grand Prize Winner and a guest to attend SEMA, with no ARV; (iv) thirty-six (36) litres 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; and (v) the Grand Prize Winning Vehicle displayed in the ENEOS Feature Vehicle spot located in the Silver Lot during the entirety of SEMA, with no ARV. The total ARV for the Grand Prize is up to: $8,057.00 (USD). Grand Prize Winner must ensure that their Winning Vehicle will be transported to SEMA or Grand Prize Winner will forfeit their right to receive the Grand Prize (and all other prizes). Additionally, Grand Prize Winner and guest are solely responsible for obtaining their own personal transportation to/from Las Vegas, Nevada to attend SEMA but may use the cash amount provided as part of the Grand Prize to help defray transportation costs. Grand Prize Winner will be required to include ENEOS and Pit+Paddock stickers and other signage, as selected by Sponsor, on their Winning Vehicle, while on display during the entirety of SEMA. Sponsor reserves the right to remove existing and/or competing brand decals on Winning Vehicle. Actual retail value of Grand Prize may vary. Certain restrictions may apply. The Grand Prize Winner will be required to arrive in Las Vegas on October 28, 2023, which is prior to SEMA start date of October 31, 2023 to supervise and/or facilitate load-in of their Winning Vehicle to its designated display position, and is required to be present at the end of the final show day of November 3, 2023 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 Grand Prize must travel as and when designated by Sponsor or the Grand Prize may be forfeited and an alternate winner selected based on the process set forth above. SEMA is a trade-show only event and not open to the general public.
It is the responsibility of the Grand Prize Winner to provide proper documentation (including government issued picture identification). All aspects of the travel portions of the Grand 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. The Grand 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 Grand Prize is subject to Sponsor’s and prize providers’ terms and conditions generally applicable thereto.
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 Grand 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 Grand Prize Winner at the time of Grand Prize notification. Grand Prize Winner is 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 Grand Prize winner may be required to provide a credit card at the time of hotel check-in. Any companion of Grand Prize Winner must be at least twenty-one (21) years of age in his or her state of residence as of the date of trip departure. Travel companion must execute liability/publicity releases prior to issuance of travel documents. If 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. All expenses not specifically mentioned herein, are not included as part of any Grand Prize package, and are solely the Grand Prize Winner’s responsibility, including, but not limited to: hotel taxes and fees, additional ground transportation at the Grand Prize Winner’s destination(s), travel insurance, room service, 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 Grand 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 the winner with his/her prizes, the Sponsor may elect, to provide the winner 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. Sponsor reserves the right to terminate the applicable experience early. Decisions regarding the conduct of the winnerand guest (if applicable) in all aspects of their participation in the prize event/activity will be in the sole discretion of Sponsor, and any of Sponsor’s representatives and final and binding in all respects. Winner and guests may be removed or disqualified from participating in any aspect of the prize for any reason at any time, including, without limitation, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act. If a winner or guest who, in the opinion of Sponsor or any of Sponsor’s representatives, is considered a physical or mental threat to the well-being of any other individual, he/she may be removed from any premises relating to the prize and winner consents to such removal. If the trip is ended early and vehicle ground transportation costs have been previously provided to the Grand 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 Grand Prize Winner or their designee with instructions for retrieving the vehicle. If, for whatever reason, any event associated with the prize is cancelled after the prize is awarded, Sponsor’s liability for the prize is limited only to the non-event portions of the prize and the cash amount will not be awarded. No compensation will be paid in lieu of the cancelled event. The tickets to the event are subject in all respect to the terms and conditions set forth on the tickets and any requirements of the facility hosting the event. The Grand Prize Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the tickets unless Sponsor consents in writing. The Grand Prize Winner acknowledges that an inherent risk of exposure to communicable diseases exists in any place where people gather. Communicable diseases, such as COVID-19, is an extremely contagious disease that can lead to severe illness and death. Grand Prize Winner assumes all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after attending the game however caused or contracted, and voluntarily waive all claims and potential claims against the Contest Entities relating to such risks. Winner and any permitted guest(s) of winner must comply with all Coachella and venue rules and regulations, (e.g., proof of vaccination, testing, social distancing, limited capacity, and face masks). Failure to do so will result in forfeiture of the prize. Sponsor reserves the right to remove or deny entry to the winner and his/her guest who fail to comply with all SEMA and venue rules and regulations(e.g., proof of vaccination, testing, social distancing, limited capacity, and face masks), engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the event.
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). Grand Prize Winner 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 Grand Prize is based on available information provided to Sponsor and the value of any prize awarded to the winner may be reported for tax purposes as required by law. The Grand Prize Winner 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 will be issued in the name of Grand Prize Winner for the actual value of the Grand Prize received. Unclaimed prizes will be forfeited.
The total ARV of all of the prizes awarded in this Contest is: $8,057.00 (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.
By participating in the Contest, entrant agrees to release, discharge and hold harmless the Contest Entities (including Sponsor and Administrator), Meta Platforms, Inc., SEMA and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “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, Grand Prize Winner irrevocably grants the Released Parties, and each of their licensees, and its and their successors, assigns and sub-licensees, the right and permission to use his/her 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 Grand Prize Winner.
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, pandemic (including, but not limited to, COVID-19 or Coronavirus), 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. Name of Contest Winner.
To receive any legally required name of the Grand Prize Winner, send a stamped, self-addressed envelope to: ENEOS USA, Inc., ENEOS x Pit+Paddock SEMA Show Car Contest Winners List, Attn: Satomi Yamashita, 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: ENEOS USA, Inc., 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.