NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THE CONTEST IS VOID WHERE PROHIBITED BY APPLICABLE LAW OR REGULATORY ORDER.
The Pilot Flying J Road Warrior Contest (“Contest”) is sponsored by Pilot Flying J (“Sponsor”), 5508 Lonas Drive, Knoxville, TN 37909 and is administered by Zeno Group, Inc. (“Administrator”), 130 E. Randolph Street Floor 30, Chicago, IL 60601.
These Official Rules are applicable to all professional truck drivers entering for a chance to win a prize as part of the Contest (“Nominee”) and those individuals who may be nominating/entering another Nominee into the Contest (“Nominator.”)
NOMINEES AND NOMINATORS MUST BE (A) LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA AND (B) 18 YEARS OF AGE OR OLDER. NOMINEES MUST ALSO BE A PROFESSIONAL TRUCK DRIVER AT THE TIME OF NOMINATION (see “Eligibility.”)
1. CONTEST TIMING: The Pilot Flying J Road Warrior Contest (the “Contest”) nomination period begins on Thursday, September 28, 2017 at 12:01:00 a.m. Eastern Daylight Time ("EDT") and ends on Saturday, December 31, 2017 at 11:59:59 p.m. EDT (the “Nomination Period”). At the conclusion of the Nomination Period all eligible entries will be considered by the Judges based on predetermined criteria (see “Judging”) to determine one (1) grand prize winner, one (1) second place winner and one (1) third place winner. See “Prizing” for winner details. The Grand Prize winning entry will be announced by Saturday, March 31, 2018. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant (“Entrant”), whether a “Nominee” or “Nominator,” unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor and Administrator, whose decisions shall be final and legally binding in all respects and not subject to further review in any forum.
2. ELIGIBILITY: All Entrants must be legal residents of the fifty (50) United States and the District of Columbia and eighteen (18) years of age or older. Eligible entrants can nominate themselves as a Nominee or submit a Contest entry as a Nominator by nominating another eligible Nominee. All Nominees must be a Professional Truck Driver (i.e. employed or self-employed full time as a commercial truck driver as determined by Sponsor in its sole discretion) at the time of nomination. By participating in this Contest, Entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she has nominated a Professional Truck Driver that meets all the eligibility criteria set forth in these Official Rules; and (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations. LIMIT: Five (5) nomination entries per Entrant (submitted for separate Nominees) during the Nomination Period. Sponsor and each of its advertising and promotion agencies, including Administrator, (collectively, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Administrator’s database clock will be the timekeeper for this Contest. This Contest shall be void where prohibited by law.
Eligibility Notes: Entrants are responsible for confirming whether the Nominee or his/her employer has any policies or restrictions concerning participation in this Contest. The awarding of prizes is subject to such policies. If, for any reason, any Nominee is unable to accept a prize, prize will be forfeited and Sponsor will not have any further obligation to such Nominee.
3. HOW TO ENTER: Eligible Entrants can enter the Contest by visiting http://roadwarrior.PilotFlyingJ.com (“Microsite”) and following the online instructions. Contest entry page will include the prompt:
Are you a Road Warrior? (“Road Warrior”)
Eligible entries must follow the entry prompt and include all mandatory information to be considered, including:
Once the entry submitted, it will then be reviewed for compliance and, if approved, it may be available for viewing in the Gallery on Microsite and will be considered during Judging. All entries will be reviewed by Sponsor prior to being made public.
Partial or incomplete entries WILL NOT BE ACCEPTED AS CONTEST ENTRIES and shall not be eligible for any prize.
Entry Notes: All entries are subject to verification and approval by the Sponsor. Entries that Sponsor decides, in its sole discretion, do not meet the requirements for the photo or nomination registration specified below or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged. This Contest shall be void where prohibited by law.
Sponsor reserves the right to cancel or modify the Contest if fraud, misrepresentation, or technical failures impair the integrity of the Contest as determined by the Sponsor, in its sole discretion, and to award the prize based on eligible entries received prior to the cancellation.
If an Entrant opts to access the Contest via a wireless mobile device, data rates may apply according to the terms and conditions of Entrant’s service agreement with his or her wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and Entrants should contact their wireless carriers for more information on messaging rate plans and charges relating to participation in this Contest. Mobile device service may not be available in all areas. Entrants should check their phone's capabilities for specific instructions. Sponsor is not responsible for any charges or lack of functionality of wireless devices.
Once any entry nomination is submitted, Entrant cannot revise such entry in any way. Entries made on another’s behalf by commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by Sponsor, in his sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. By entering, all participants and/or entrants release the Sponsor, Judges and Administrator and their parent, subsidiary and affiliated entities including, all of their respective shareholders, officers, directors, employees, agents, attorneys, successors and assigns from and against all claims and damages arising out of or in connection with each Entrant's participation and/or entry in the Contest and/or his/her receipt or use of the prize awarded in this Contest.
Sponsor is not responsible for problems downloading or uploading any contest-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Contest.
Photos and registration materials must not violate the rights of any other party, including but not limited to intellectual property rights or rights of privacy/publicity.
Entry submissions may not contain, as determined by the Sponsor, in its sole discretion, any material that:
License: By submitting nomination entry, Entrants grant Sponsor and/or the participating partners of the Contest, if any; a perpetual, worldwide, irrevocable, royalty-free license to transform, edit, modify, reproduce, distribute, transmit, publish, broadcast, perform, display, or otherwise use the entry materials with or without modifications, in any form or medium whether now existing or later developed.
Entrant’s Representations: By submitting a photo, Entrant represents and warrants that the photo and its contents, are Entrant’s work product and do not infringe the rights of any third party (including but not limited to copyrights and rights of publicity/privacy) and that Entrant has the right to submit it. Each Nominator also represents that he/she has the Nominee’s permission to enter him/her into this Contest and grant all rights associated with Nominee and Nominee’s Attributes as set forth herein.
4. JUDGING: All eligible entries will be judged by a judging panel comprised of Sponsor and Administrator personnel based on the following weighted criteria:
In the event of any ties, the tied entries will be re-judged under the same criteria
5. PRIZES: Only the prizes listed below will be awarded to Nominees in this Contest.
One (1) Grand Prize: $10,000 payable to the winning Nominee (“Grand Prize Winner”). If Grand Prize fails to collect the prize is the time designated by Sponsor, Sponsor reserves the right to withhold the grand prize and award the grand prize to the second place winner. This will be the sole discretion of the Sponsor.
One (1) Second Place Prize: $5,000 payable to the winning Nominee.
One (1) Third Place Prize: $2,500 payable to the winning Nominee.
Three (3) Nominator Prizes: $500 payable to the nominator of the Grand Prize winner, $500 payable to the nominator of the second place winner and $500 payable to the nominator of the third place winner.
Total value of all Contest prizes not to exceed $19,000.
6. WINNER NOTIFICATION: All winners will be notified by Saturday, March 31, 2018. Conduct of the Contest is under the supervision of the Sponsor and the Administrator. Winners will be notified via email, phone or mail based on the information supplied during the entry process. Winners will be required to execute an Affidavit of Eligibility, a Liability Release, W-9 request for tax payer identification and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). Winners may also be required to provide evidence of eligibility. If a winner refuses or fails to sign and return all Prize Claim Documents within seven (7) days of prize notification, the winner may be disqualified.
Once eligibility has been verified and the Sponsor receives the winner’s requested information, the Sponsor will arrange to award the Prize. Winner must reply to Sponsor or Administrator with all required information within seven (7) days of prize notification in order to receive his or her Prize. Grand prize winner (except where prohibited by law) agrees to be available on a mutually agreeable date between February 1 and February 28, 2018 for one (1) service day, not to exceed (4) hours. The service day will include, onsite appearance at a mutually-agreeable Pilot or Flying J Travel Center, media interviews, photographing, recording (including, without limitation ADR and b-roll, behind the scenes footage or otherwise, and/or re-recording scripts for any of the materials set forth herein.
Winners must also complete any additional legal documents provided by Sponsor with respect to the Prize and return them as instructed within the timeframe specified or winner may forfeit Prize at Sponsor’s sole discretion. If a Winner is unable to participate in or accept the Prize for any reason, Sponsor will have no further obligation to the potential winner. Prize or Prize Documents returned as undeliverable will result in forfeiture of Prize. Sponsor expressly reserves the right to delay the announcement of the Winner for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential winner fails to comply with these Official Rules or fails to execute the documentation within the timeframe specified.
If for some reason Sponsor is forced to disqualify Grand Prize Winner, the original second place winner will receive the grand prize, the original third place will receive the second place prize, and a new replacement third place will be chosen. Similarly, if the original second place is disqualified, the original third place will receive the second place prize, and a new replacement third place will be chosen. If the original third place is disqualified, a new replacement third place up will be chosen.
7. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Submission of an entry constitutes Entrant’s permission for the Promotion Entities to use Entrant’s and/or Nominee’s entry materials, name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Promotion Entities and Released Parties (as defined below) from all claims arising out of the use of such Attributes.
Submission of an entry grants the Sponsor and its agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify such entry in any way, in any and all media, without limitation and without any compensation to the Entrant or Nominee in perpetuity. Submission of an entry further constitutes the Entrant's and Nominee’s consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights.
Acceptance of a prize constitutes permission for Sponsor and its designees to use the prize winner’s Attributes for purposes of advertising, promotional and other purposes in any and all media now or hereafter known throughout the world for a period of two (2) years from the conclusion of the Contest, without further compensation, notification or permission unless prohibited by law.
8. DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to have tampered with the entry process or the operation of the Contest, to be acting in violation of these Official Rules (including, but not limited to confidentiality restrictions) or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to disparage, 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. No incomplete, forged, software-generated or other automated multiple entries will be accepted. 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.
9. CONFIDENTIALITY: Winners or Nominators may not make any public announcement (including, but not limited to, social media posts) concerning the awarding of any prize in the Contest prior to the Sponsor’s public announcement of Winners via press release distribution. Failure to follow this requirement may, in Sponsor’s sole discretion, result in disqualification.
10. LIMITATION OF LIABILITY: Neither Sponsor, Judges, Administrator, the Promotion Entities nor any of their respective parent, subsidiary or affiliated entities or any of their respective shareholders, officers, officers, directors, employees, agents, attorneys, successors and assigns (the “Released Parties”) shall be held responsible for, and Nominee and Entrant hereby releases the Released Parties from any claims arising from or in any way relating to: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest (vi) use of any prize and (vii) the judging process including the outcome of the Contest.
By participating in the Contest, all Nominees, Nominators, Entrants and Winners agree to indemnify, defend and hold harmless Related Parties from any and all damages, claims, and liability (including attorney’s fees and costs) arising out of or relating in any way to Entrants and Winner’s participation in Contest and acceptance or use of any Prize and to release all rights to bring any claim, action or proceeding against Released Parties. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or damage of any kind, or any other harm suffered directly or indirectly arising from or in connection with potential Winner’s participation in and/or entry into the Contest or acceptance or use of any Prize or, including but not limited to, traveling to, preparing for and/or participating in any Contest Prize-related activity and for any claims based on publicity rights, defamation, invasion of privacy, and Prize delivery.
11. DISQUALIFICATION/FORCE MAJEURE: In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the prize or continuing with the Contest as contemplated herein by any event beyond his control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) judge all eligible, non-suspect entries received as of the date of the event, giving rise to the termination. Inclusion in such judging shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prize described in these Official Rules will be awarded.
12. GOVERNING LAW/WAIVER OF JURY TRIAL: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Nominees, Entrants and the Promotion Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the United States, the State of Tennessee, without giving effect to any choice of law or conflict of law rules or provisions. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). Nominees and Entrants hereby waive all rights to claim, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket costs, and participant further waives all rights to have damages multiplied or increased.
13. WINNERS LIST: To obtain the name of the winners, send a self-addressed stamped envelope to: Pilot Flying J Road Warrior Contest Winner, 130 E. Randolph St. Suite # 3000, Chicago, IL 60601. All such requests must be received by January 31, 2018.
14. All Nominees, Entrants and other participants acknowledge that this Contest is not endorsed, sponsored or administered by any company or organization other that Sponsor.
[End of Terms]