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OFFICIAL RULES / CONDITIONS OF ENTRY NO PURCHASE NECESSARY. |
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1. Eligibility: "The E85 Cutest Kid Contest" (the "Promotion") is open only to people who are legal residents of the fifty (50) United States (including District of Columbia) who are eighteen (18) years old or older at the time of entry or participation or voting. A person who complies with all the eligibility rules shall be referred to as "entrant." Employees of Renewable Fuels Association, Broadhead+Co, Votigo, Inc. ("Votigo"), and any of their parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children, whether biological, adoptive, step or in-law) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. The Promotion consists of a contest (the "Contest") and a sweepstakes (the "Sweepstakes"). 2. Sponsor: Renewable Fuels Association, One Massachusetts Avenue NW - Suite 820 - Washington, DC 20001 - (202) 289-3835. 3. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. The award of a prize is contingent upon complying with all conditions and fulfilling all requirements set forth herein. 4. Timing: The Promotion begins on December 1, 2009 and ends on February 6, 2010 (the "Promotion Period"). The Promotion Period consists of the phases as set forth below. Each phase starts at 12:00 a.m. CST and ends at 11:59 p.m. CST
The Submission Phase contains five (5) weekly entry periods (each a "Weekly Entry Period") during which an entrant will also receive a Sweepstakes entry when submitting a Photo (defined at Rule 5(a) below) into the Contest. For the purposes of this Promotion, each Weekly Entry Period will begin at 12:00 a.m. CST the first day of each month and will end at 11:59 p.m. CST the last day of each month. Votigo's computer is the official time-keeping device for the Promotion. 5. How to Enter: Contest: During the Submission Phase (see Section 4 for specific dates), visit http://www.e85challenge.com and select the "enter" webpage. Once on the webpage, follow the links and instructions to share your creative experience by uploading one (1) original Photograph that you created (each a "Photo"). Following the instructions on the website, upload your Photo and complete and submit the registration form, including your name and surname, email address, birth date, phone number and a valid home address (P.O. Boxes are not permitted) to receive one (1) entry into the Contest. Submitting a Photo into this Contest does not require the purchase of any equipment, materials or services. Limit: You may submit up to ten (10) different Photos during the Submission Phase. By submitting a Photo, you agree that it adheres to the Photo Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Photo and disqualify you from the Contest if it believes, in its sole discretion, that your Photo fails to conform to these Guidelines and Restrictions in any way. Photo Guidelines: The submitted Photo must be a jpeg file format with the file size not exceeding 2 MB. Content Restrictions: The Photo must not contain material that:
SUBMITTING A PHOTO IN THIS CONTEST CONSTITUTES YOUR IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR ANY AND ALL RIGHT, TITLE AND INTEREST IN THE PHOTO INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS AND WAIVER OF ALL MORAL RIGHTS IN YOUR PHOTO (except moral rights where such transfer of moral rights is prohibited by law). Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Photos, which are void and will be disqualified. Sponsor shall have the right to edit, adapt and publish any or all of the Photos or any of the content contained therein, and may use that content in any media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without attribution (where permissible by law) or compensation to the entrant, his/her successors or assigns, or any other person or entity. Sponsor, in its sole discretion, may feature any Photo submitted in this Contest on http://www.e85challenge.com or any related websites, in any promotional materials, whether related or unrelated to the Contest or any subsequent promotion, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate. Each entrant warrants to the Sponsor that the Photo submitted by such entrant is an original work of the entrant, which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant's Photo being invalid and entrant's potential disqualification from the Contest. In addition, each entrant hereby indemnifies the Sponsor and Administrator against all loss, damages and costs incurred by a Sponsor or the Administrator arising from that entrant's breach of the warranty set forth in this condition. For Contest, Sweepstakes and Public Voting (See Section 6(a)(ii), below): Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of votes/entries or submit more than the stated number of Photos by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's votes/entries/Photos and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification of entrant's Photo and/or invalidation of entrant's votes. For Photo: In the event of a dispute as to any Photo, the person who submitted the registration will be deemed the creator of the Photo and will receive the Sweepstakes entry. In the event that two (2) or more Photos are submitted by two (2) or more entrants using the same email address, then the Photo created by the authorized account holder of the email address used to submit the Photo will be entered into the Contest and Sweepstakes, and the other Photos will be disqualified. For Votes: In the event of a dispute as to any vote, the authorized account holder of the email address used to register will be deemed to be the voter. For Photos and Votes/Entries: The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. By entering the Promotion, you authorize the Sponsor and Administrator to use the collected personal data for the purposes connected with this promotion only and for the time being necessary to fulfill such purposes. 6. Winner Determination: Contest: Contest winners will be selected according to the process set forth below:
7. Prizes: Contest Prizes: ONE (1) GRAND PRIZE: Free Fuel for One Year. Payment will be a one-time distribution of $1,500 paid upon declaration of Grand Prize winner. ONE (1) MONTHLY DRAWING WINNER: $100 Fuel Card. Winners based on a random drawing from a list of entrants during the submission phase. FIVE (5) WEEKLY DRAWING WINNERS: $100 Fuel Card. Winners based on a random drawing from a list of registered voters that voted that week during the voting phase. For All Contest Prizes: Limit: One (1) Contest Prize per person. For All Prizes: No substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with another of comparable or greater value. 8. Release: With respect to claims resulting from death or personal injury (in accordance with applicable law in those jurisdictions), by entering the Promotion, entrant agrees to release and hold harmless Sponsor, Administrator, Broadhead+Co., Votigo, each of their related companies, their respective parents (if applicable) and affiliates and each of their respective officers, directors, employees, shareholders, and agents ("Released Parties") from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize whether or not caused by the negligence of the Released Parties. 9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual they find to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 10. Limitations of Liability: In respect to all entrants, the Released Parties are not responsible for and shall be released from all liability resulting from: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) un-authorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, un-deliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize (some jurisdictions do not allow the aforementioned limitations or exclusions of liability, so parts of this section may not apply). The Released Parties are not responsible for and are released from any liability with respect to misdirected or un-deliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. The Released Parties are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Promotion. For Sweepstakes: If, for any reason, an entrant's Sweepstakes entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes. If it is not possible to award entrant another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of Sweepstakes prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Sweepstakes prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Sweepstakes prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims. 11. Entrant's Personal Information: BY SUBMITTING DATA TO SPONSOR AND/OR PARTICIPATING IN THIS PROMOTION, YOU ARE GIVING YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY SPONSOR IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN VOTIGO'S PRIVACY POLICY POSTED ONLINE AT http://www.e85challenge.com/sections/privacy. 12. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 28, 2010. For the Winner List, send an email with subject line: "E85 Cutest Kid Photo Contest Winner List Request," to mruff@ethanolrfa.org.
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