MURPHY USA/JackedUp Online Photo Contest- Official Rules
The MURPHY USA/JackedUp photo contest is FREE to play. No purchase or entry fee necessary to enter or win.
MURPHY USA will serve as the Administrator of the photo contest and will be responsible for resolving any disputes that arise regarding violations of the rules.
To be eligible to participate in the Sweepstakes, you must be: (a) a Registered User; (b) a legal resident of one (1) of the twenty-two (22) U.S. states in which MURPHY USA or Murphy Express operates stores. Presently, these states include: AL, AR, CO, FL, GA,IA,IL,IN,KY,LA,MI,MN,MO,MS,NC,NM,OH,OK,SC,TN,TX, and VA; c) a legal, licensed driver.
Employees of MURPHY USA or Murphy Express, Murphy Oil and JackedUp (collectively, the "Sweepstakes Entities") and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies and members of the immediate family or household of each are not eligible to win. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Sweepstakes Entities. Void where prohibited by law.
Registered Users can enter any time before September 5th, 2011 by visiting www.fuelingfun.com. Entrant will be required follow the onscreen instructions (the "Onscreen Instructions") in order to enter and become eligible to win the prize. Onscreen Instructions are incorporated by reference in these Official Rules.
Entries must be an image of the person entering, with a JackedUp shot, at or near a Murphy USA or Murphy Express location clearly in the image. Entries must fill out all required information on the form and by entering, give all rights to the image to be used on the website and/or for promotional purposes. All photos will be approved by Murphy Oil Corporation staff before being posted.
All votes will be counted from the posting of the photo until the end of the contest. All votes are by those with a valid email address and each vote must have its own email address, subsequently, more than one vote can be cast by one person who has more than one email address. Any vote not counted is not the fault of Murphy USA or its affiliates or vendors and in no way reflects favor towards any one entry.
Entries will be shown as first name, last initial and state from the entry form so that it protects the privacy of the entrant until the winner is announced. The winner will be announced on or about September 5th, 2011.
To be eligible, all entries must be received by midnight, Central Time, on September 4th, 2011.
One (1) grand prize (the "Prize") will be awarded via vote totals from all eligible entries received before midnight CT, September 4th, 2011. The Grand Prize will consist of a $1,000 Visa® gift card and a one-year supply of JackedUp Energy Shots.
Approximate Retail Value (ARV) of Grand Prize is $1,432 US Dollars.
Prize Details and Restrictions
Prize is non-transferable; no substitutions or cash awards allowed. All prize details are at the sole discretion of the Sweepstakes Entities. Each participant agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities, their parent companies and their affiliates, subsidiaries, advertising and promotion agencies, including Aristotle, their digital advertising agency, and all of their respective employees, directors, officers, shareholders & agents (collectively, "Releasees") from any & all claims or liability in connection with participation in this promotion or acceptance or use of the Prize. Entry into the Sweepstakes constitutes permission for Administrator and its designees to use the name, city and state, and likeness of the Prize Winner for advertising and promotional purposes without additional compensation unless prohibited by law.
The Grand Prize will be awarded by Jacked Up. The Prize winner will be notified by email and, if necessary, by phone, assuming participant provides a working, accurate phone number as part of the registration process. If the Grand Prize is not claimed by the winner on or before September 15, 2011 it may be cancelled or awarded to another participant.
Odds of winning depend on the number of eligible participants.
All participants agree to abide by the terms of these Official Rules and the Legal Disclaimers below, and by the decisions of MURPHY USA, which are final and binding on all matters pertaining to the Sweepstakes.
The potential winner will be required to sign and return, within fifteen (15) days of issuance, the Affidavit of Eligibility and Publicity/Liability Release. Failure to return such documents within the specified time period, noncompliance with these Official Rules, the return of the Prize or prize notification or if the potential Prize Winner declines the Prize for any reason, the Prize may be awarded to an alternate Prize Winner.
Except where prohibited by law, the Prize Winner's acceptance of the Prize constitutes permission for the Sweepstakes Entities to use Prize Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Participants agree to Administrator's use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state and local, and provincial laws and regulations apply.
MURPHY USA is not responsible for lost, late or misdirected on-line entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a contestant, equipment, or technical malfunction or for any human error, technical error or malfunctions. MURPHY USA reserves the right to halt or modify the Sweepstakes at any time during the Sweepstakes period if events beyond their control compromise the Sweepstakes, fairness or integrity.
MURPHY USA is not responsible for typographical or other human or technical errors in the offer or administration of this Sweepstakes, including but not limited to errors in advertising, the Official Rules, the selection and announcement of the Prize Winner or the distribution of the Prize.
MURPHY USA, in its sole discretion, may disqualify any participant from participating in the Sweepstakes, refuse to award the Prize, and require the return of any part of the Prize, if participant engages in any conduct MURPHY USA deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other participants. Such improper conduct includes, but is not limited to, falsifying personal information required during Sweepstakes registration or Prize claim, violating any term or condition stated herein, accumulating points, entries, or prizes through methods such as automated computer scripts or other programming techniques, allowing others to use the participant's personal information for the purpose of accumulating points, entries or prizes, tampering with MURPHY USA's administration of this promotion, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this Web site. Participant further acknowledges that the forfeiture of the Prize and/or return of any part of the prize shall in no way prevent MURPHY USA from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
MURPHY USA reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
This Sweepstakes may not be used for any form of gambling.
For winner information or an additional copy of the Official Rules, send a self-addressed, stamped envelope to: 2011 Murphy USA & JackedUp Photo Contest, c/o MURPHY USA, P.O. Box 7300, El Dorado, Arkansas, 71731-7000. Specify "Rules" or "Winners List." Residents of VT may omit return postage.
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MURPHY USA, Murphy Oil, and/or JackedUp (collectively, the "Sweepstakes Entities") and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, including Aristotle, their digital advertising agency, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, MURPHY USA reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes. In such event, MURPHY USA further reserves the right to award prize to another eligible participant in accordance with these Official Rules.
MURPHY USA, Murphy Oil, and/or JackedUp (collectively, the "Sweepstakes Entities") and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, including Aristotle, their digital advertising agency, assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. MURPHY USA, Murphy Oil and/or JackedUp (collectively, the "Sweepstakes Entities") and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, including Aristotle, their digital advertising agency, are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes.
Lost or Corrupted Entries
The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, including Aristotle, their digital advertising agency, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, including Aristotle, their digital advertising agency, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes
Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, including Aristotle, their digital advertising agency, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any participants or to any other person's computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, MURPHY USA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any entry that is incomplete, late, or does not include a validly issued User ID will be disqualified.
In the event that the Sweepstakes is challenged by any legal or regulatory authority, MURPHY USA reserves the right to discontinue or modify the Sweepstakes, or to disqualify participants residing in the affected geographic areas. In such event, MURPHY USA shall have no liability to any participants who are disqualified due to such an action.
The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, including Aristotle, their digital advertising agency, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules including but not limited to errors in advertising, the Official Rules, the selection and announcement of the winner or the distribution of the prize. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Sweepstakes.
Prize Winner and Prize
The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, including Aristotle, their digital advertising agency, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of the Prize Winner, the distribution of the Prize, the acceptance/possession and/or use/misuse of any part of the Prize and/or any injury or damage to any participant's or third person's property related to or resulting from any part of the Prize or any part of this Sweepstakes.
Release and Indemnity
Each participant in the Sweepstakes, including, without limitation, the prize winner, hereby releases and agrees to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies, including Aristotle, their digital advertising agency, and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE SWEEPSTAKES ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, INCLUDING ARISTOTLE, THEIR DIGITAL ADVERTISING AGENCY, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE SWEEPSTAKES. IN NO EVENT SHALL MURPHY USA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SWEEPSTAKES AND THE SERVICE INCLUDING THE PRIZE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted at a location selected by MURPHY USA.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARKANSAS WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the City of El Dorado, County of Union, and State of Arkansas. The parties agree not to raise the defense of forum non convenens.
Administrator/Prize Provider Mailing Address
MURPHY USA, P.O. Box 7300, El Dorado, Arkansas, 71731-7000