5. LIMITATIONS OF LIABILITY/INTERNET:
SPONSOR (OR THE RELEASED
PARTIES AS DEFINED IN RULE 7 BELOW)
IS NOT RESPONSIBLE FOR ANY
TYPOGRAPHICAL, PRINTING, HUMAN OR OTHER ERROR INVOLVING OR
RELATING TO THE ADMINISTRATION OF OR ASSOCIATED WITH THE
PROMOTION, THE SELECTION OF THE WINNERS OR THE ANNOUNCEMENT OF
ANY PRIZE. IF FOR ANY REASON, INCLUDING BUT NOT LIMITED TO AN
ADMINISTRATIVE, PRINTING, PRODUCTION, COMPUTER, HUMAN OR OTHER
ERROR, OR DUE TO TECHNICAL DIFFICULTIES OR INCORRECT
ANNOUNCEMENTS OF ANY KIND, MORE WINNING MESSAGES ARE
DISTRIBUTED, OR MORE PRIZES ARE CLAIMED THAN ARE INTENDED TO BE
AWARDED FOR ANY PRIZE ACCORDING TO THESE OFFICIAL RULES, THE
INTENDED PRIZES WILL BE AWARDED IN A RANDOM DRAWING FROM AMONG
ALL VERIFIED PRIZE CLAIMS RECEIVED FOR THAT PRIZE. ADDITIONALLY,
SPONSOR IS NOT RESPONSIBLE FOR ERRORS RESULTING IN OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATIONS OR
TRANSMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR
ALTERATIONS OF PROMOTION MATERIALS, OR FOR TECHNICAL, NETWORK,
TELEPHONE EQUIPMENT, ELECTRONIC, COMPUTER, HARDWARE OR
SOFTWARE, TELEPHONE OR OTHER COMMUNICATIONS, INCOMPATIBILITY,
MALFUNCTIONS OR LIMITATIONS OF ANY KIND, OR INACCURATE
TRANSMISSIONS OF OR FAILURE TO RECEIVE INFORMATION BY SPONSOR ON
ACCOUNT OF TECHNICAL PROBLEMS, LOST OR UNAVAILABLE NETWORK
CONNECTIONS, TELEPHONE CONNECTIONS, WIRELESS DEVICE CONNECTIONS
OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, HUMAN
ERROR, OR ANY COMBINATION THEREOF. IF FOR ANY REASON THE
PROMOTION, OR ANY ELEMENT THEREOF, IS NOT CAPABLE OF RUNNING AS
PLANNED, INCLUDING INFECTION BY COMPUTER VIRUS, BUGS, TAMPERING,
UNAUTHORIZED INTERVENTION, CHEATING, FRAUD, TECHNICAL FAILURES, OR
ANY OTHER CAUSES, TECHNOLOGICAL OR OTHERWISE, WHICH CORRUPT,
DISRUPT OR OTHERWISE AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS,
INTEGRITY, OR PROPER CONDUCT OF THIS PROMOTION, SPONSOR RESERVES
THE RIGHT IN ITS SOLE DISCRETION TO CANCEL, TERMINATE, MODIFY OR
SUSPEND ANY AND ALL ASPECTS OF THE PROMOTION, AND PROCEED IN A
MANNER IT DEEMS FAIR REASONABLE AND IN KEEPING WITH THE INTENT OF
THE PROMOTION, INCLUDING SELECTION OF A POTENTIAL WINNER FROM
AMONG ALL ELIGIBLE ENTRIES RECEIVED PRIOR TO SUCH CANCELLATION,
TERMINATION, MODIFICATION OR SUSPENSION. SPONSOR FURTHER
RESERVES THE RIGHT TO DISQUALIFY ANY INDIVIDUAL IT SUSPECTS, IN ITS
SOLE AND ABSOLUTE DISCRETION, TO BE TAMPERING WITH THE OPERATION
OF THE PROMOTION. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO
UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION
OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM AND SEEK
PROSECUTION OF ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE
LAW.
6. INDEMNIFICATION:
EACH PARTICIPANT AND PROMOTION WINNER AGREE, BY
ENTERING THIS PROMOTION OR ACCEPTING A PRIZE TO RELEASE, DISCHARGE,
INDEMNIFY AND HOLD HARMLESS SPONSOR, AND ITS PARENT COMPANY,
SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, INSTALLERS, RETAILERS, WEB
DEVELOPMENT COMPANIES, ADVERTISING AND PROMOTIONAL AGENCIES,
PARTICIPATING DEALERS (AND THEIR PARENTS, SUBSIDIARIES AND
AFFILIATES), PROMOTION AGENCIES AND ANY OTHER PERSONS OR ENTITIES
PARTICIPATING IN THE DESIGN, ADMINISTRATION OR FULFILLMENT OF THIS
PROMOTION AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND
AGENTS (COLLECTIVELY “RELEASED PARTIES”) FROM AND AGAINST ANY AND
ALL LIABILITY FOR ANY THREATENED OR ACTUAL INJURIES, LOSS, COSTS,
SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), OR DAMAGES
OF ANY KIND TO ANY PERSON, INCLUDING DEATH OR DISABILITY, AND
PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM
PARTICIPATION IN THIS PROMOTION OR ACCEPTANCE, POSSESSION, USE, OR
MISUSE OF THE PRIZE, PARTICIPATION IN ANY PROMOTION - RELATED ACTIVITY
WHETHER HOSTED BY SPONSOR OR A THIRD PARTY OR INABILITY TO
PARTICIPATE IN PARTS THEREOF INCLUDING, WITHOUT LIMITATION, CLAIMS,
SUITS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES,
DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY
OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER
INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY,
AND WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE
OF ONE OR MORE OF THE RELEASED PARTIES. INDIVIDUALS COVENANT NOT
TO SUE ANY RELEASED PARTY OR CAUSE THEM TO BE SUED REGARDING ANY
MATTER RELEASED ABOVE; AND FURTHER COVENANT NOT TO DISAFFIRM,
LIMIT OR RESCIND THIS RELEASE. A WAIVER BY SPONSOR OF ANY TERM IN
THESE OFFICIAL RULES DOES NOT CONSTITUTE A WAIVER OF ANY OTHER
PROVISION.
7. GOVERNING LAW; DISPUTES:
Any and all disputes, claims and causes of action
arising out of or connected with this Promotion or any Prize award shall be resolved
individually, without resort to any form of class action, and exclusively by the United States
District Court in Houston, Texas and in addition to the limitations in Rule 5 any and all
claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but
in no event attorneys’ fees. Except where prohibited by law, all issues concerning the
construction, validity and enforcement of these Official Rules, or the rights and obligations
of the participant and Sponsor, shall be construed and governed by the laws of the State
of Texas, without regard to conflicts of law Official Rules.
8. GENERAL:
By participating in the Promotion, each Participant agrees to these Official
Rules and the decisions of Sponsor, which are final and binding in all matters and all
respects relating to this Promotion. Participants waive any right to claim ambiguity in
these Official Rules. In the event of a dispute as to the identity of a winner based on an
e-mail address, the winning entry will be declared made by the authorized account holder
of the e-mail address submitted at time of entry. The "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. A potential winner may be required to show
proof of being the authorized account holder. This Promotion is void outside of the U.S.,
wherever else prohibited or restricted by law. All entries and/or materials submitted
become the property of Sponsor and will not be returned.
9. PRIVACY:
By entering the Promotion, each Participant will be sharing his/her personal
information with Sponsor. By entering the Promotion, each Participant agrees to
Sponsor’s use of Participant’s personal information as described herein and in Sponsor’s
Privacy Policy at
http://www.shell.com/privacy.html
10. SPONSOR:
Pennzoil Quaker State Company d/b/a SOPUS Products, 150 N. Dairy
Ashford Drive, Houston, Texas 77079.
All trademarks are the property of their respective owners.
Amazon.com, Inc. is not a sponsor of nor otherwise affiliated or associated with this
Promotion.
Ticketmaster® is a registered trademark of Live Nation Entertainment, Inc. Ticketmaster
is not a sponsor of this Promotion, and is in no way responsible for the administration or
fulfillment of this Promotion. All inquiries regarding this Promotion should be directed to
SOPUS Products and not to Ticketmaster.
The Promotion is in no way sponsored, endorsed, administered by or associated with
Facebook, Instagram or Twitter or their respective parents, subsidiaries or affiliates.
Sponsor may terminate, rescind, or modify this Promotion at any time without notice.
© 2018 SOPUS Products. All rights reserved.
