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OFFICIAL RULES FOR ETHANOL’S “FUEL THE CHANGE” SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN, MUST BE 14 YEARS OF AGE OR OLDER TO ENTER
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SWEEPSTAKES DESCRIPTION:
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Ethanol’s “Fuel the Change” Sweepstakes (the “Sweepstakes”) begins on January 28, 2008 at 12:01 a.m. Central Daylight Time (“CDT”) and ends on May 5, 2008, at 23:59 CDT (the “Sweepstakes Period”). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Ethanol Promotion and Information Council, 17220 Wright Street, Suite 150, Omaha, NE 68130 (“Sponsor”), which shall be final and binding in all respects.
This Sweepstakes is part of a larger effort to bring about awareness of the environment and ethanol’s role in benefiting the environment. The Sweepstakes is part of a Video Contest whereby contestants, following guidelines established for them, create short video “commercials” aimed at enhancing awareness of the environment and ethanol. Those videos, after passing the first round of judging, will be posted at www.fuelthechange.com, where you will be able to view all of them. Then, based on the criteria listed, rate the videos on a scale of 1 to 5, 5 being the highest rating..
You can also be a contestant in The Video Contest. Simply visit www.fuelthechange.com (the “Contest Website”) for instructions on how to enter. Contestants may vote on the submissions – including their own – but cannot win a Sweepstakes prize.
Finally, your vote can affect the outcome of two of the prizes in the contest. The Grand Prize criteria includes a popular vote criterion (weighted 40%), and Sponsor is awarding a “People’s Choice” Award that is based solely on the popular vote during the last two (2) weeks of the Contest, April 21st to May 5th, 2008. So vote everyday and increase your chances of winning the weekly prize, and support your favorite video.
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ELIGIBILITY:
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Only legal residents of the fifty(50) United States who are 14 years of age or older at time of entry are eligible to enter. Sponsor, Fluxion LLC, their respective parents, subsidiaries, advertising and public relations companies, and affiliates, and each of their respective officers, directors and employees (collectively, the “Sweepstakes Entities”), are ineligible to enter the Sweepstakes or win any prize. Video contestants are also ineligible to win a prize, but may still vote. Void in Puerto Rico and where prohibited or restricted by law.
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HOW TO ENTER:
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To enter, visit the website www.fuelthechange.com (the “Website”). Complete the entry form with the information requested, read and accept these Official Rules, answer a few survey questions, and start rating videos (see below for instructions). Sweepstakes entries are limited to one per day per email address, irrespective of how many videos are rated.
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HOW TO VOTE:
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During the Sweepstakes Period, visit the Website and follow the instructions to rate the videos and register for the Sweepstakes. Registering (or subsequently logging in) and rating at least one video automatically enters you into the Weekly Win Sweepstakes for that week (Monday morning to Sunday night). You may rate as many videos as you choose but you may not rate any one video more than once per day. You will receive a maximum of one entry into the Sweepstakes per day per email address. Subsequent attempts made by the same individual to submit multiple internet entries per day by using multiple e-mail addresses or otherwise will be disqualified.
Winners for the weekly drawings will be drawn at random on or about each Monday during the Sweepstakes Period from the eligible entries posted during the applicable Weekly period, except during the first 3 weeks of the Sweepstakes. All of the entries posted in the first three weeks, January 28th to February 17th, will be held over and placed in the prize pool that will be drawn from on or about February 18th in order to ensure a sizable enough pool to draw from. With the exception noted above, entries in the Weekly Sweepstakes will not be held over week to week, so you must enter each week in order to win the prize for that week. The drawings will be held by Fluxion LLC (“Fluxion”), an independent judging agency whose decisions will be final, and the week’s winner will be notified within two days of drawing throughout the Sweepstakes Period via email. Odds of winning a Weekly Win prize depends on the number of eligible Weekly Win plays, divided by the number of prizes then available. Use of automated systems to enter is prohibited. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the e-mail address associated with the entry. Authorized account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. Sponsor will not accept submissions from wireless domains, black list domains, or any e-mail address Sponsor deems to be potentially harmful to the Website.
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WEEKLY WIN PRIZES:
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With the exception noted above, each week one name will be drawn at random from the eligible entries for that week for the weekly win prize, which consists of one five hundred dollar ($500) valued debit card. Approximate retail value (“ARV”), is $500 per week, for 12 weeks, for a total of approximately $6,000. Please allow four (4) to six (6) weeks for prize delivery.
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GENERAL PRIZE CONDITIONS:
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The prize Winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with any prize. The potential winner will be required to execute within five (5) days of notification an Affidavit of Eligibility, Liability, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”).
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GENERAL LIABILITY RELEASE:
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Acceptance of a prize constitutes winner’s permission for Sponsor to use Winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state)
or advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, where permitted by law. Entrants agree that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sweepstakes Entities assume no responsibility
for any damage to an entrant’s computer system which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sweepstakes Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties
or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
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WINNER VERIFICATION:
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Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
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FORCE MAJEURE:
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Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes or any particular Sweepstakes drawing is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes or particular sweepstakes drawing as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes or a particular Sweepstakes drawing as contemplated herein by any event beyond its control, then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes in its entirety or the affected part of the Sweepstakes.
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DISPUTES:
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Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be
invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
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ARBITRATION AND CHOICE OF LAW:
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Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees,
other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity,
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interpretation and enforceability of these Official Rules, or the right and obligation of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Nebraska, USA, without regard to Nebraska choice of law provisions.
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PERSONALLY IDENTIFYING INFORMATION:
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Information submitted to Sponsor by any entrant is subject to Sponsor’s Privacy Policy located at www.drivingethanol.org. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personally identifying information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
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ADMINISTRATOR:
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The Administrator of the Sweepstakes is FLUXION LLC, 17410 Minnetonka Blvd. #113, Minnetonka, MN 55345 (the “Administrator”).
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WINNER LIST/OFFICIAL RULES:
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To obtain a copy of any legally-required winner list, send an email to: sweeps@drivingethanol.org. All such requests must be received by October 1, 2008. These Official Rules will be posted on the Website.
©2008 Ethanol Promotion and Information Council, Inc. All rights reserved. The “e” and the “stylized e” are registered service marks of Ethanol Promotion and Information Council. |
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