Fuel Rewards Network

OFFICIAL RULES

CONTEST NAME: FUEL REWARDS NETWORK™ "LOVE TO SAVE" CREATIVE ANSWER CONTEST ON TWITTER (the "Contest")

SPONSOR: Excentus Corporation, 14241 Dallas Parkway, Suite 1200, Dallas, TX 75254 ("Excentus" or "Sponsor").

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

ELIGIBILITY REQUIREMENTS: The Contest is open only to individuals who 1) are legal residents of the 50 United States or District of Columbia (excluding New Jersey and Rhode Island) 2) are eighteen (18) years of age or older at the time of entry; 3) have access to the Internet and have not purchased Internet service in order to participate in this Contest; 4) have a valid Fuel Rewards Network™ (FRN) Account, and 4) are not employees, officers, directors or immediate family members (spouse, parent, child, sibling or their respective spouses, regardless of where they reside, or member of the same household, whether or not related) of Excentus Corporation (the "Sponsor"), Shell or any of their respective parent(s), affiliated companies, subsidiaries, licensees, advertising and promotion agencies, or any and all other companies associated with the Contest; and 4) are authorized holders of a public Twitter account. Individuals who meet the above requirements are referred to as "Eligible Entrants." The Contest is subject to all applicable federal, state and local laws, rules and regulations. VOID IN NEW JERSEY, RHODE ISLAND, OUTSIDE THE UNITED STATES AND WHERE PROHIBITED OR RESTRICTED BY LAW, RULE OR REGULATION.

TIMING: The Contest begins at 2:00 pm Central Time ("CT"), September 10, 2012 and ends at 11:59 pm CT, September 23, 2012 ("Contest Period").

HOW TO ENTER: At the beginning of the Contest Period, messages will be posted at www.twitter.com/fuelrewards and www.facebook.com/fuelrewards with instructions to send @FuelRewards a Tweet sharing your favorite way to save in the Fuel Rewards Network program (your "Submission"). A Submission must include a creative answer reflecting your favorite way to save in the Fuel Rewards Network program and include the #fuelrewards and #lovetosave hashtags to qualify as an entry. LIMIT one (1) entry per person and per Twitter account during the Contest Period. Multiple entries by an individual during the Contest Period are not allowed. Entries generated by a script, macro or other mechanical or automated means will be disqualified.

By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions listed below (collectively, the "Guidelines and Restrictions") and that Excentus, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions. By uploading your Submission, in addition to rights granted below, you: (a) grant to Excentus and its licensees and assigns, including Shell, all rights necessary to display your Submission on any of Excentus' advertising or promotional materials in any media including Web sites (including but limited to www.fuelrewards.com, m.fuelrewards.com, and the FRN™ Mobile Apps) and the FRN™ Facebook page; (b) hereby waive any so-called moral (e.g., creative rights) in your Submission; (c) represent and warrant that you have the right to grant the rights granted in these Official Rules; and (d) represent and warrant that your Submission and its use as contemplated in these Official Rules complies with the Guidelines and Restrictions set forth below .

Submission Guidelines:

  • The Submission must be a creative answer in 140 characters or less;
  • The Submission must be Entrant's original answer and all rights in it owned one hundred percent (100%) by the Entrant;
  • The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means; and

Content Restrictions:

  • The Submission must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;
  • The Submission must not disparage any person or entity;
  • The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, and/or defamatory;
  • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
  • ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE ENTRY SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Permissions. Entrant must have signed permission from all individuals (parents/legal guardian of children, if featured and if not your own) that appear in the Submission to use his/her name and creative answer in the Submission and to grant the rights set forth herein. If requested by Excentus, Entrant must be able to provide such permissions in a form acceptable to Excentus. By uploading a Submission, Entrant grants to Excentus (and Excentus' licensees and assigns, including Shell) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, and otherwise exploit the Submission in all media now known or hereafter devised, throughout the universe, in any way Excentus sees fit including, but not limited to, entertainment, instruction/education, promotional, advertising and/or marketing purposes. In connection with all rights granted herein, Excentus (and Excentus' licensees and assigns including Shell) shall also have the irrevocable right to incorporate Submissions, in whole or in part, into other works, in any form, media or technology now known or hereafter developed. If necessary, Entrant will sign any necessary documentation that may be required for Excentus or its designees to make use of the non-exclusive rights Entrant is granting to use the Submission. Proof of submission will not be deemed proof of receipt by Excentus.

WINNER DETERMINATION: Following the Contest Period, one potential Winner will be selected from among all eligible entries received. A panel of qualified judges determined by Sponsor in its sole discretion will select the top submission from among all eligible submissions based on the following criteria:

  • Creativity/Originality (50%);
  • "Fit to Contest" - best represents savings through the FRN program (50%)

In the event of a tie, the entrant whose Submission received the highest Fit to Contest Theme score for the respective Submission type will be deemed the winner. Decisions of the judges are final and binding. Only winners will be notified. Entrants will not be notified if their Submission is disqualified or if their Submission does not win.

PRIZE: Subject to compliance with these Official Rules and all requirements, the Winner selected will win one (1) promo code worth $2.00/gal in Fuel Rewards® savings for a single use, up to 20 gallons (the "Prize"). The Eligible Entrant must have a valid FRN Account in order to redeem the Prize. The value of the winner's prize is approximately $40 in savings. Winner is fully responsible for any and all applicable federal, state and local taxes and fees/charges (including income and withholding taxes). The Winner agrees to comply with all applicable laws and regulations in connection with the Prize. The Prize is non-transferable and non-assignable, with no cash redemptions except at the Sponsor's sole and absolute discretion.

NOTIFICATION: The potential Winner will be notified by Direct Message on Twitter on or around the 3rd day following the close of the Contest Period to request all eligibility information, his/her email address, telephone number, mailing address of the potential Winner (the "Prize Notification"). In the event that the Prize Notification is returned as undeliverable, or the potential Winner is otherwise unreachable for any reason, the Sponsor may award to an alternate potential Winner based on the judging criteria. If any potential Winner does not respond to any such Prize Notification within three (3) days of date of issuance, a disqualification will result, and the Prize will be forfeited, at the Sponsor's sole discretion. Time permitting, an alternate potential Winner may be chosen from among all remaining eligible entries. Notification as undeliverable may result in disqualification, and Prize will be forfeited and, at Sponsor's sole discretion and time permitting, may cause an alternate potential Winner to be chosen from among all remaining eligible entries. By entering this Contest, each entrant gives their express permission to be contacted by the Sponsor and/or their respective designees by @reply or Direct Message on Twitter, telephone, email and/or postal mail for Contest purposes only.

IDENTITY OF ENTRANT. If a dispute arises about the identity of the Entrant, entries made online will be declared made by the authorized account holder of the Twitter account submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide Excentus with proof that the potential winner is the authorized account holder of the Twitter account associated with the winning entry.

NO TWITTER ENDORSEMENT. This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter. Any information you provide in connection with the Contest is to Excentus and/or its sponsors/administrators and not to Twitter. Please see Privacy section below. You understand that by using and interacting with www.twitter.com, you are subject to the terms, conditions, and policies that govern the use of www.twitter.com. You should therefore review the applicable terms and policies for www.twitter.com, including privacy and data gathering practices, before using or interacting with Twitter.

DISCLAIMER. Excentus, Twitter, Shell, any professional advisors, advertising and promotional agencies or participating sponsors involved in the development and administration of the Contest, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees, and agents, (collectively, the "Promotional Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Excentus or by non-authorized human intervention; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant or the Promotional Parties; (d) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (e) unauthorized human intervention in any part of the entry process or the Contest; (f) technical or human error which may occur in the administration of the Contest or the processing of entries; or (g) late, lost, undeliverable, damaged or stolen mail. Promotional Parties (i) make no warranty, guaranty or representation of any kind concerning any prize, and (ii) disclaim any implied warranty. Any failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.

CONDITIONS OF PARTICIPATION/ LIABILITY RELEASE. By entering the Contest, you agree (a) to obey these Official Rules and the decisions of Excentus which are final and binding, (b) to obey Twitter Terms and Conditions (c) that Excentus and all Promotional Parties will have no liability whatsoever, and you hereby waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest, your Submission, or delivery, mis-delivery, acceptance, possession, or use of or inability to use any Prize (including, without limitation, claims, costs, 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 (d) that you will defend, indemnify and hold harmless the Promotional Parties from any and all third-party claims based on any breach or alleged breach of the terms and conditions of these Official Rules by you.

USE OF WINNER'S NAME, LIKENESS, ETC. Except where prohibited by law, entry into the Contest constitutes permission to use winner's name, Twitter name, submission copy, likeness, voice, image, persona, biographical information, and/or Prize information in all media now known or later devised throughout the universe in perpetuity for all purposes Excentus and its assigns and licensees, including Shell, deem appropriate - including, without limitation, for advertising, trade, promotional and publicity purposes - without further permission or compensation. As a condition of being awarded any Prize, except where prohibited by law, winner may (in Excentus' sole discretion) be required to execute a written consent, confirming Excentus' right to use such winner's name, Facebook name, likeness, voice, image, persona, biographical, and/or Prize information without further permission or compensation.

AFFIDAVIT AND RELEASE. As a condition of being awarded any Prize, winner may (in Excentus' sole discretion) be required to execute and deliver to Excentus a signed affidavit of eligibility, acceptance of these Official Rules, assignment/ license, release of liability, and any other legal, regulatory, or tax-related documents required by Excentus in its sole discretion.

DISPUTES. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any Prizes awarded, other than the administration of the Contests or the determination of winners shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual prize in dispute but in no event attorneys' fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses of the prize in dispute, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. All disputes will be resolved under applicable U.S. laws in the State of Texas. This Agreement will be governed by the laws of the State of Texas. Any court of competent jurisdiction sitting within Dallas, Texas will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Sponsor will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

PRIVACY/ ENTRANT'S PERSONAL INFORMATION: Information collected from Entrant is subject to Excentus' Privacy Policy which can be found at https://www.fuelrewards.com/privacy, and will be treated as if it were registration information for the Fuel Rewards Network™ (FRN) Account.

MISCELLANEOUS. Entrants agree to be bound by these Official Rules and by the decisions of Excentus, which are final and binding in all respects. To the full extent permissible by law, Excentus reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend, modify, or cancel the Contest or any entrant's participation in the Contest should viruses, bugs, unauthorized human intervention, or other causes beyond Excentus' control affect the administration, security or proper play of the Contest, or Excentus otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned, in which event all Prizes will be awarded from among all eligible entries received prior to cancellation. Notwithstanding the foregoing and to the full extent permissible by law, Excentus reserves the right to amend, modify, or cancel the Contest at any time without notice. Entrants who violate these Official Rules; violate any law, rule, or regulation in connection with participation in the Contest; tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Excentus, the Contest, or any other entrant (in each case as determined in Excentus' sole discretion) are subject to disqualification from entry into the Contest or winning a prize and any further legal remedies available. Excentus reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Contest, please email them to webmaster@fuelrewards.com or send written questions to FRN™ Creative Answer Contest, Attn: FRN™ Social Media/ Promotions, 14241 Dallas Parkway, Suite 1200, Dallas, TX, 75254.

WINNER LIST; RULES REQUEST. For the Winner List, send an email with subject line: "FRN Creative Answer Contest Contest Winner List Request" to webmaster@fuelrewards.com before December 31, 2013. To obtain a copy of these Official Rules, send an email with subject line: FRN™ Creative Answer Contest Official Rules Request" to webmaster@fuelrewards.com. The name of the winner may also be posted on the FRN Website.

INTELLECTUAL PROPERTY NOTICE. FRN™, Fuel Rewards Network™, Fuel Rewards® savings, and Excentus are trademarks of Excentus Corp. The Contest and all accompanying materials are copyright 2012 by Excentus Corp. All rights are reserved. All other trademarks are property of their respective owners.