"Show Us Your Best Jacked Up Photo"
Sponsored by RaceTrac Petroleum, Inc. and Jacked UP LLC.
NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF TX, GA, LA, FL, AND MS WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Promotion Period: The "Show Us Your Best Jacked Up Photo" Contest (the "Promotion") commences at 12:00:01 AM Eastern Standard Time ("EST") on October 31, 2010 and ends at 11:59:59 PM EST on January 1, 2011 at 12:00:01 AM EST (the "Promotion Period"). All entries must be received by 12:00:01 AM EST on January 1, 2011. Entries submitted past the expiration of the Promotion Period will not be accepted and will be destroyed.
Administrators/Sponsors: The Promotion shall be administered and sponsored by RaceTrac Petroleum, Inc. ("RACETRAC") and Jacked Up LLC ("JACKED UP"). RaceTrac and Jacked Up are referred to collectively as the "Sponsors" and individually as a "Sponsor".
Eligibility: The Promotion is open to legal residents of TX, GA, LA, FL, and MS who are at least 18 years of age or older at the time of entry. Employees, their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses, regardless of where they reside), and members of the same household, whether or not related to SPONSORS, and each of their respective parents, affiliated companies, sponsors, subsidiaries, advertising and promotion agencies and third party fulfillment or judging agencies (collectively, the "Promotion Entities") are not eligible to enter or win the Promotion.
How to Submit an Entry:
- On the Internet: To enter the Promotion on the internet, visit racetrac.com, racetrac.com/win, racetrac.com/xbox, racetrac.com/camaro, or racetrac.com/jackedup (collectively the "Websites) at any time during the Promotion Period and: (a) follow on-screen instructions to enter by completing all required fields on the Website; (b) agree to the Official Rules and; (c) follow on-screen instructions to upload "Your Best Jacked Up Photo" as per the Submission Guidelines set forth in Section 5 below (collectively, an "Entry"). Upon acceptance of your photo you will become an Entrant ("Entrant") and your photo will be placed into the Promotion photo gallery where it may be voted upon as described in Section 7 below.
- On a Mobile Device: To enter the Promotion with a mobile device, text "Your Best Jacked Up Photo" as per the Submission guidelines set forth in Section 5 below to firstname.lastname@example.org and include your (a) first name (b) last name (c) date of birth, and (d) email address in your message (collectively, an "Entry"). Upon successful transmission and acceptance of your Entry, you will receive a reply text with a URL and temporary password to access the Promotion photo gallery where it may be voted upon as described in Section 7 below. SPONSORS are not responsible for telephone service outages, delays, equipment malfunctions and any other technological difficulties that may prevent an individual from sending or receiving a text message or accessing a mobile web browser. Standard text messaging rates may apply and SPONSORS are not responsible for any fees incurred by an Entrant using this method of entry. Not available on all carriers.
You may enter as often as you wish, however there is a limit of one unique photograph per email address. Entries with duplicate photographs will not be accepted. By participating in the Promotion, Entrant certifies that his/her Entry is original, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights, trademarks, or rights of privacy or publicity and that photo has been taken by a non-professional. SPONSORS reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains inappropriate content, that does not comply with these official rules, or that is not consistent with the spirit or theme of the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all entries made by, or associated with, the applicable Entrant. In the event of a dispute over who submitted an entry, the authorized subscriber of the e-mail account provided in connection the entry, as of the actual time of entry will be deemed to be the Entrant. The "authorized account subscriber" is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addressed for the domain associated with the submitted e-mail address.
Photo Submission Guidelines:
Photo Submission Content Restrictions:
- Please do not include any personally identifiable information in your Entry (such as a license plate number). All entries submitted with personally identifiable information will automatically be disqualified;
- Photo may be in color or black & white;
- Must be in .jpg, or .png format only;
- Maximum file size of 1MB;
- Photo must be an original unpublished work and cannot contain, incorporate or reference anything that is owned by any third party or entity or would require the consent of any third party or entity in any jurisdiction;
- Photo must not have been submitted previously in any Promotion of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
The photo must not contain material that:
- Violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Contains material that 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;
- Contains any unacceptable clothing or adornments;
- Contains indecent behavior, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortious, slanderous or libelous;
- References persons or organizations without their written permission;
- Disparages persons or organizations associated with SPONSOR;
- Includes threats to any person, place, business, or group;
- Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
- "Important Notice: The safety of all entrants is of paramount importance to the Sponsors. All Entrants are explicitly warned not to engage in any unsafe, illegal, inappropriate, outrageous, inflammatory, or "extreme" behavior in entering the Promotion. Any entries featuring photographs of any such behavior are subject to immediate disqualification in Sponsors' sole and absolute discretion."
Failure of any Entry to comply with the above "Photo Submission Guidelines" and "Photo Submission Content Restrictions," as determined by SPONSORS in their sole discretion, may result in disqualification. Without limitation, SPONSORS reserves the right in its sole discretion to disqualify any Entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the SPONSORS, the Promotion or any other person or entity, or does not comply with these Official Rules. All Entries shall become the exclusive property of SPONSORS and will not be returned. Modifying, enhancing or altering a third party's preexisting work does not qualify as Entrant's original creation. By entry in the Promotion, Entrant warrants that he or she holds all rights (including intellectual property rights) in and to the image(s)/material(s) contained in the Entry, and agrees to release and hold harmless SPONSORS and each of the Promotion Entities, as well as the individual judges, from and against any claim or cause of action arising out of any claim for infringement of intellectual property rights. Entrant agrees and understands that Entries will be made available to the public, including but not limited to posting on the Internet. Whether or not any Entry is published on the Internet, SPONSORS do not guarantee any confidentiality with respect to any Submission. SPONSORS, and SPONSORS' assignees, shall have the right to reproduce, copy, broadcast, edit, adapt and publish any or all of the Entries, and may use them in any media whatsoever throughout the world, without limitation, for any and all advertising, promotions, and other purposes of trade, without attribution or compensation to the Entrant, his/her successors or assigns, or any other entity. Submitting an Entry in this Promotion constitutes your irrevocable assignment, conveyance and transference to SPONSORS, and their respective assignees, of any and all right, title and interest, and all residual interests in the Entry including, without limitation, all copyrights and any renewals and extensions thereof. SPONSORS, in their sole discretion, may feature any Entry submitted in this Promotion at any time during, or after, the Promotion Period on any related websites, in any promotional materials, whether related or un-related to the Promotion, and at any other location, whether physical or online, that SPONSORS, in their sole discretion, deems appropriate and necessary for the operation and promotion of this Promotion. For general photo/sweepstakes questions, Entrants can contact SPONSORS at email@example.com
Grand Prize Winner Selection Process and Grand Prize:
All Entries shall be judged by a qualified panel of judges ("Judges") designated by SPONSORS. The Judges, whose decisions will be final, shall judge the Entries according to the following Judging Criteria ("Judging Criteria") and shall select exactly one (1) Grand Prize Winner from among all eligible Entries received:
- 33% based on inclusion of Jacked Up branding in the photograph
- 33% based on inclusion of RaceTrac branding in the photograph
- 34% based on Creativity/Originality
In the event of a tie, ties shall be broken based on the highest ranking in the "Inclusion of Jacked Up product" category. The Grand Prize Winner selection will be held on or about January 7, 2011 (the "Judging Date"
) and the potential Grand Prize Winner will be notified within approximately seven (7) days of the Judging Date by email. In order to receive the Grand Prize and be declared a Grand Prize Winner ("Grand Prize Winner"), the potential Grand Prize Winner may be required to complete and return to SPONSORS or its designated agent an Affidavit of Eligibility and a Liabilities/Publicity Release Form, except where prohibited by law. Failure to return the signed Affidavit and Release within seven (7) days following the date of delivery thereof may result in forfeiture of the Grand Prize, except where prohibited by law. The Grand Prize is awarded subject to verification and the eligibility requirements set forth in these Official Rules. If a potential Grand Prize Winner cannot be contacted as specified above (within seven (7) days of the Judging Date), or if he/she fails to return the signed Affidavit of Eligibility, or if the potential Grand Prize Winner is deemed ineligible for any other reason in SPONSOR's sole discretion, the potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner will be selected based on the Judging Criteria.
The Grand Prize Winner ("Grand Prize Winner") shall be awarded a Grand Prize ("Grand Prize") consisting of a 2011 Chevrolet Camaro ("Vehicle"). The color and options of Vehicle are at the sole discretion of Sponsor. Grand Prize Winner may be required to show proof-of-insurance and may be subject to a background check (where legal) prior to taking delivery of Vehicle. The Grand Prize is non-transferable; no substitutions or cash equivalents allowed, except at the sole discretion of the SPONSORS, who reserve the right to substitute any prize of comparable or greater value. The approximate retail value of the Vehicle is $32,100 USD. Upon receipt of the Grand Prize, Grand Prize Winner is required to comply with any and all applicable federal, state, and local laws, rules, and regulations, including, without limitation, all applicable federal, state and local taxes and may be required to take delivery of Vehicle at a dealership designated by Sponsor.
Voting, Weekly Prize Winner Selection Process and Weekly Prizes: Entries will be posted to a Promotion photo viewing gallery on the Website where photos may be voted upon on by the viewing public. You do not have to be an Entrant to vote, however, you must be 13 years of age or older and provide a valid email address to successfully submit your vote. There is a limit of one vote per day and per email address during the Promotion Period.
WEEKLY FINALIST SELECTION: The Entrant receiving the highest number of votes each week for the highest value during the Promotion Period will be declared a Weekly Finalist (each, a "Weekly Finalist") and awarded a Weekly Prize ("Weekly Prize") as indicated below. There are a total of nine (9) Weekly Prizes available to be won; however, you may not win a Weekly Prize more than once during the Promotion Period and there is a limit of one prize per household. In the event a Weekly Finalist receives the highest number of votes for another submission during a subsequent week, his or her Entry will be disqualified and the submission with the next highest number of votes will be selected instead. The weekly prize winners will be announced on RaceTrac.com during each of the dates outlined below. The voting period for each week will be as follows:
Week #1: 12:00 am EST on October 31, 2010 to 11:59 pm EST on November 7, 2010.
The Weekly Finalist for Week #1 will be announced on or about November 8, 2010.
Week #2: 12:00 am EST on November 8, 2010 to 11:59 pm EST on November 14, 2010.
The Weekly Finalist for Week #2 will be announced on or about November 15, 2010.
Week #3: 12:00 am EST on November 15, 2010 to 11:59 pm EST on November 21, 2010.
The Weekly Finalist for Week #3 will be announced on or about November 22, 2010.
Week #4: 12:00 am EST on November 22, 2010 to 11:59 pm EST on November 28, 2010.
The Weekly Finalist for Week #4 will be announced on or about November 29, 2010.
Week #5: 12:00 am EST on November 29, 2010 to 11:59 pm EST on December 5, 2010.
The Weekly Finalist for Week #5 will be announced on or about December 6, 2010.
Week #6: 12:00 am EST on December 6, 2010 to 11:59 pm EST on December 12, 2010.
The Weekly Finalist for Week #6 will be announced on or about December 13, 2010.
Week #7: 12:00 am EST on December 13, 2010 to 11:59 pm EST on December 19, 2010.
The Weekly Finalist for Week #7 will be announced on or about December 20, 2010.
Week #8: 12:00 am EST on December 20, 2010 to 11:59 pm EST on December 26, 2010.
The Weekly Finalist for Week #7 will be announced on or about December 27, 2010.
Week #9: 12:00 am EST on December 27, 2010 to 12:00:01am EST on January 1, 2011.
The Weekly Finalist for Week #7 will be announced on or about January 3, 2011.
Weekly Prize Winners will be notified via e-mail and awarded a $100 RaceTrac Gift Card (ARV $100).
The total value of all Weekly Prizes available to be won in this Promotion is $900.00 USD.
The approximate retail value of ALL prizes available to be won in this Promotion is $33,000 USD.
General Terms: Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to SPONSORS. Promotion Participants agree to these Official Rules and to all decisions of SPONSORS, or their designated agents, which are final and legally binding in all respects, and further agree that all prizes are awarded upon the condition that the Promotion Entities or any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in this Promotion or participation in any Promotion-related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its merchantability, quality, mechanical condition or fitness for a particular purpose. As a condition of participation, Entrants agree that (1) under no circumstances will Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action and shall be resolved exclusively by arbitration under the rules of the American Arbitration Association; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney's fees.
SPONSORS reserve the right, in their sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Promotion or any portion thereof for any reason, including, without limitation, in the event that viruses, bugs, non-authorized human intervention or other causes beyond the control of SPONSORS corrupt or impair the administration, integrity or security of the Promotion (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the Photo Contest). The Promotion Entities and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by SPONSOR, users or by any of the equipment or programming associated with or utilized in the Promotion or by technical or human error which may occur and/or which may damage a user's system or limit an Entrant's ability to participate in the Promotion. SPONSORS reserve the right at their sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules or otherwise engages in fraudulent or offensive conduct with respect to this Promotion. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, SPONSORS reserve the right to seek damages from any such Promotion Participants to the fullest extent of the law.
The laws of the State of Georgia shall exclusively govern the Promotion. By accepting prizes, winners agree that SPONSORS may use each winner's name, likeness, photograph and/or biographical information, without limitation, for promotional purposes without further consideration or payment, where permitted by law. All expenses not specified herein are the winners' responsibility. Taxes on and in connection with all prizes are the sole responsibility of each winner. SPONSORS, or their designated agents, may issue a Form 1099 to each winner for any prize with an ARV of $600 or more. Normal internet access and phone/usage charges imposed by your on-line/phone service will apply. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), SPONSORS reserve the right to discontinue or modify the Promotion, as applicable, or to disqualify any Promotion Participants residing in any affected geographic areas, as applicable. In such event, SPONSORS shall have no liability to any Entrants who are disqualified due to such an action.
Request for Names of Prize Winners and Official Rules: For the names of the Prize Winners and/or Official Rules send a self-addressed stamped envelope to: RaceTrac, 3225 Cumberland Blvd., Suite 100, Atlanta GA 30339 USA. Winners list will be sent out after January 31, 2011. Please note on the front left- hand corner of your outer envelope whether you are requesting "Official Rules" or the name of the "Prize Winners."
Sponsors: RaceTrac Petroleum, Inc., 3225 Cumberland Blvd., Suite 100, Atlanta GA 30339 USA.
Jacked Up LLC, 9249 Broadway, Unit 200, Highlands Ranch, CO. 80129 USA.