Official Rules
Shell
Shell Hollywood Trivia Game
2009 OFFICIAL GAME RULES
1. NO PURCHASE, CONTRIBUTION OR PAYMENT OF
ANY KIND IS NECESSARY TO ENTER OR WIN: This movie trivia game ("Game") begins at 12:00:01
AM Eastern Time on December 7th, 2009 and continues through 8 rounds of movie
trivia play and 1 round of movie award prediction play (“Rounds”), ending at midnight Eastern Time on March 7, 2010 (“Game Period”).
The Game is designed solely as a skill and knowledge-based, non-gambling
promotional program (“Promotion”)
and is only intended for the entertainment and enjoyment of the participants.
The Promotion begins with the start of registration at 12:00:01 AM
Eastern Time on November 23, 2009 and continues through the end of the “viewing period” of posted winning participants (“Winners”) at midnight Eastern
Time on March 28th, 2010 (“Promotion Period”). From
all eligible entries received, Winners will be identified according to the
process set out in paragraph 4 below. Every participant’s likelihood of winning
is based solely on one’s ability and skill in analyzing and answering questions
under pressure and one’s knowledge of cinema and the movie industry. Participation in the Game is described, regulated and
clarified by and wholly subject to the provisions of these official rules (“Official Rules”).
2. ELIGIBILITY: The Game is open to individuals (only individuals may register and enter) legally residing, for purposes of all applicable state and federal tax laws, in one of the fifty (50) United States or the District of Columbia (excluding Delaware, New Jersey, Maryland, Virginia, Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) ("Eligibility Area"), who are 18 years of age or older at the start of the Game Period and have the ability to enter into valid contracts in their personal jurisdiction of residence. The Game is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees and directors of Athlon Sports Communications, Inc. (“Athlon”) and Shell Oil Products U.S. (“Shell”) and each of their respective affiliates, subsidiaries, wholesalers, retailers, advertising and promotional agencies, officers, directors, employees, and agents, their immediate families (defined as spouse, child, sibling, parent or grandparent or so-called “step” or “half’ variations of any of the preceding individuals), and those living in their same households are ineligible to play, win or collect prizes in the Game. Only individuals meeting all eligibility requirements and correctly registering for the Game as set out in paragraph 3 below may participate in the Game (“Players”). Each Player is required to indicate his/her acceptance to the Official Rules where indicated; provided, however, that any Player’s participation in the Game constitutes and is deemed Player’s agreement to the Official Rules and any and all decisions of Athlon and any third-party judges, which are final and binding in all respects. Players agree to waive any right to claim ambiguity in the Game and/or these Official Rules.
3. HOW TO REGISTER: Beginning 12:00:01
AM Eastern Time on November 23, 2009, and throughout the Game Period,
Players will log on to fantasyfillupgames.com
(“Site”) and follow the instructions
for registration and access to the Site. Registration will include the
selection of a user name and password for logging on to the Site during
subsequent visits and may include questions specific to Shell. Following
registration, Player will follow the instructions and provide additional
information requested in the Official
Entry Form, including Player’s name, e-mail address, physical address, and
telephone number. Player may also be asked to consent to receive promotional
e-mails. Consenting to receive promotional e-mails is optional and refusal to
consent will not render any Player ineligible to play the Game or win prizes or
affect or reduce any Player’s chances of winning. Each individual Player may only register once.
4. HOW TO PLAY/ACCRUE POINTS & PRIZES: During
each of nine (9) Rounds of the Game, Player will proceed to the Play Now page of the Site to view
instructions on how to access and answer Game questions. To commence the start
of the Game clock, Player will click the Start
button to view the first of twenty (20) new, random multiple choice questions
on the subject of movie trivia. Each question is followed by four possible
answers, only one (1) of which is correct.
For each question, Player will complete his/her answer to the question by (i)
selecting and clicking on one answer; and (ii) submitting the answer by clicking on the Next button in the shortest possible
time. Player will repeat the process until all twenty (20) questions have been
answered. The final answer is submitted by clicking on the Submit button. An answer must be selected for each question before
a Player will be allowed to proceed to the next question and all twenty (20)
questions must be answered before a Player will be allowed to submit the entry
("entry" or "entries"). Upon submission,
Player’s entry will be tabulated and scored and no answer can be edited or
changed once the Next or Submit button has been clicked. Player
will then be directed to the entry confirmation page to view the results of
that Round and Player’s current score. The process
for playing Round 9 is identical and only the subject matter of the
questions is different. Players cannot suspend or stop the Game clock at any
time during entry and no partially completed entries will be saved or used for
purposes of calculation of scores. Players receive no points for un-played
Rounds. Player’s scores are based on
both the total number of correct answers and
the time in which entries are submitted. Players may submit only one (1) entry for each Round. Additional entries from any individual, using
different e-mail addresses or any other system of multiple entries, will be
disqualified. Lost, late, illegible, incomplete or misdirected entries are not
eligible.
Determining Winners: 1st, 2nd and 3rd place Winners
in each Round are those Players with the highest descending number of overall
points in the particular Round. Athlon reserves the right to award equal
prizes to any tied Players as long as the sum total of all prizes awarded is
equal to the approximate retail value (“ARV”)
of the prize designated for that prize.
PRIZE SCHEDULE
ROUND PRIZES
1ST PLACE
PRIZE DESCRIPTION ARV
|
ROUNDS 1 –
8: MOVIE TRIVIA QUESTIONS |
MOVIE
PRIZE PACK INCLUDING: a $25 gift card to the movies at participating*
theaters, $25 gift card to dinner at participating* restaurants and a candy
pack |
$100.00 |
|
ROUND 9:
MOVIE AWARD PREDICTIONS |
ULTIMATE
PRIZE PACK INCLUDING: a 1 year subscription to an online DVD rental service,
a $50 gift card to dinner at participating* restaurants, and a candy pack |
$325.00 |
*Winners not living within twenty-five (25) miles of a participating
theater or restaurant, as applicable, will receive an alternative multi-purpose
gift card of equal value.
ROUND PRIZES
2ND PLACE PRIZE
DESCRIPTION ARV
|
ROUNDS 1 –
8: TRIVIA |
SHELL GIFT
CARD |
$50.00 |
|
ROUND 9:
ACADEMY AWARD PREDICTIONS |
SHELL GIFT
CARD |
$50.00 |
ROUND PRIZES
3RD PLACE PRIZE
DESCRIPTION ARV
|
ROUNDS 1 –
8: TRIVIA |
SHELL GIFT
CARD |
$25.00 |
|
ROUND 9:
ACADEMY AWARD PREDICTIONS |
SHELL GIFT
CARD |
$25.00 |
5. ABILITY
TO WIN: The Game is a game of
skill. Each Player’s ability to win depends solely on (1) his/her knowledge of
cinema history; (2) his/her knowledge of recent cinema; (3) his/her skill and
ability to apply his/her knowledge of the above in accurately identifying the
correct answers to multiple choice questions in a short amount of time; (4)
his/her skill in analyzing and answering questions under pressure and, (5) the number of eligible Players
competing in the Game.
6. PRIZE AWARDING: Upon confirmation of eligibility and
execution of requested eligibility and release documents, Winners will be
awarded the prizes described in paragraph 4 above. All prizes will be awarded.
Prizes may not be combined with any other offer. Winners will be responsible for any and all federal, state,
and local taxes incurred in winning and accepting any prizes and all other
expenses incurred in winning and accepting the prizes. Dollar amounts are expressed in U.S.
currency. Gift cards may be subject to reasonable restrictions, the details of
which will be found on the card or at such alternative location as Winner is
directed. Winners may receive an IRS 1099 form reporting the value of their
prize. By accepting a prize, Winners waive the right to assert as a cost of
winning their prize, any and all costs of redemption or travel to redeem the
prize. It is the responsibility of Winner
to make all necessary arrangements to redeem the prize, including any costs of
travel, unless otherwise agreed by Athlon to deliver prize to Winner following
identification of Winner and confirmation of eligibility.
Any stated ARVs of prizes represent Athlon’s good-faith determination of
the retail value of the prize. All
Winners will be initially identified, subject to eligibility, no later than on
or about seven (7) business days following the date of the last game in the
last Round (“Effective Date”), by
Athlon or its agent, the judge of the Game, whose decisions are final and binding.
Winners will be notified by express mail and/or email, at Athlon’s discretion, on or about fourteen (14)
business days following the Effective Date (“Notification”). The complete identification of the names of all
Winners will be posted on the “STANDINGS”
page of the Site and will be available for viewing no later than the Effective
Date or by either emailing shelltrivia@athlonsports.com
or by sending a written request in a stamped, self-addressed envelope for
receipt no later than fourteen (14) business days following the Effective Date
to: Athlon Sports Communications,
Inc., 220 25th Avenue North, Nashville, Tennessee 37203. Winners
must provide positive identification in such form as is specified by Athlon to
claim a prize. Return of Notification as undeliverable will result in
disqualification and selection of an alternate Winner. Prizes will be awarded
only upon Winner validation and verification by Athlon. All prizes must be redeemed by each Winner
no later than thirty (30) days following Athlon’s confirmation of Notification.
In the event of a dispute as to the identity of a Winner, the Winner will be
the individual who was, at the time of entry, at Athlon’s sole discretion, the
documented registered holder of the email account used to enter the Game. It is
the sole responsibility of the Player to notify Athlon during the Promotion
Period if his/her email address changes. The
sale, re-sale, auction, transfer or assignment of any travel, ticket, event,
gift card, autographed, branded or promotional merchandise prize or any prize
intended to be personal to the recipient or the advertising of same in any way
is strictly prohibited and any Player or Winner found to have engaged in such
activity will be immediately disqualified and his/her prizes will be forfeited. In no event will more prizes be awarded
than those listed above in paragraph 4. In the event that any prize is
unavailable at the time it is scheduled to be awarded, Athlon reserves the right,
in its sole discretion, to substitute that prize with either the cash value of
the ARV of the applicable prize or a prize or prizes of equal or greater
value. If the initially selected
Winner cannot be contacted, is ineligible, fails to claim a prize, or if the
prize is returned as undeliverable, the prize will be forfeited and an
alternate Winner will be selected.
Acceptance of a prize constitutes permission for Athlon, Shell, and
their respective designees to use of Winner’s name, likeness, statements,
voice, opinions, biographical information and state of residence for
promotional purposes in any media without notice, further payment,
consideration, credit, or right of approval or review (except where prohibited by law). Winners may be required to sign an affidavit of eligibility
and liability release within five (5) days of Athlon’s request (except where prohibited by law).
7. TERMINATION OR DISQUALIFICATION: To cancel any Player’s
participation in the Game, Player must send an email to shelltrivia@athlonsports.com requesting
that his/her registration be terminated (“Notice
of Termination”). Player’s registration will be deemed terminated as of the
date and time of Athlon’s receipt
of the Notice of Termination as reflected by Athlon’s e-mail server (“Termination”).
Upon Termination, Player may not participate in the Game and any points accrued
by Player will be forfeited. The use of
robotic, automatic, macro, programmed or like methods (including without
limitation the use of any promotion/game subscription, notification, entry or
like sites or service that offers Game entry services "on behalf of"
Player) is strictly prohibited.
Neither Athlon nor Shell is responsible for lost, interrupted or
unavailable network server or other connections, miscommunications, failed
telephone or computer or telephone transmissions or technical failure, jumbled,
scrambled or misdirected transmissions, other error of any kind whether human,
mechanical or electronic problems or technical malfunction of any telephone
network or lines, computer systems, servers, access providers, equipment, or
software, failure of any e-mail or entry to be received for any reason, traffic
congestion on the internet or at any website, or any other technical problems
related to website entries or any combination of the foregoing, including any
injury or damage to a Player's or any other person's computer. Persons found
tampering with, hacking, illegally registering for or abusing any aspect of the
Game will be immediately disqualified, in Athlon’s sole discretion. If
disqualified for any of the above abuses, Athlon will immediately terminate
that Player’s participation in the Game and future contests by Athlon and
Player will be ineligible to win or collect any prizes and must return any
previously received prizes awarded in connection with the Game upon
Athlon’s or Shell’s request.
Players further acknowledge that the forfeiture of prize(s) and/or return of
any prize(s) shall in no way prevent Athlon from pursuing any remedies legally
available in connection with such conduct. Any violation set out in this
paragraph or other attempt to damage any website of Athlon and/or Shell, or
tamper with or undermine the legitimate operation of the Game, is a violation
of these Official Rules, as well as any and all applicable criminal and civil
laws. Athlon reserves the right to
seek remedies and damages from any Players or individuals acting in concert
with any Player to the fullest extent permitted by law. In the event any portion of this Game
is compromised by any virus, bugs, non-authorized human intervention or other
causes beyond the control of Athlon, which, in the sole opinion of Athlon, corrupts
or impairs the administration, security, fairness or proper play of the Game,
Athlon reserves the right to modify, suspend or terminate the Game and shall
thereafter have no responsibility to reinstate the Game or award any
prizes.
8. LIMITATION OF LIABILITY: By registering for and participating in
the Game, Players agree: (a) to comply with the Official Rules and the
decisions of Athlon and the judges, which shall be binding and final in all
respects; (b) to comply with Athlon’s privacy policy and terms and conditions;
(b) to release Shell and Athlon from all liability, loss or damage arising out
of any participation in the Game or in connection with the awarding, receipt,
possession, use and/or misuse of any prize; (c) to be contacted by Athlon by
mail, telephone and/or email; and (d) that he/she acknowledges that neither
Athlon nor Shell makes any warranty, representation, or guarantee, expressed or
implied, in fact or in law, relative to any prize, and disclaim all liability
for the provision, quality or nature of any third-party products or services
provided to Winners. By registering for and participating in the Game, Players
and/or Winners release Athlon and Shell, their respective officers, directors,
employees, parent companies, affiliates, subsidiaries, wholesalers, retailers,
advertising, promotion, fulfillment, marketing agencies, public relation firms,
consultants or contractors from any and all liability, claims or actions of any
kind whatsoever for injuries, damages or losses to persons (including personal
injury, death and/or property damage, as well as any claims based on publicity
rights, violations of protected speech rights or invasion of privacy) and
property that may be sustained in connection with participation in the Game and
the receipt, ownership, possession, acceptance, enjoyment, use or misuse of a
prize, or while preparing for, participating in, and/or traveling to any
prize-related activity.
9. PLAYER, GAME AND SITE INFORMATION AND
CONTENT: Any information
provided to Athlon and Shell by a Player, including Players’ names, addresses,
telephone numbers and e-mail addresses
will be used to administer the Game, communicate with Players in
relation to the Game, for purposes of fulfilling any applicable prizes,
providing necessary notice, or in connection with other appropriate purposes.
Limited to the purposes outlined herein, Athlon will collect, use, and protect
personal data in accordance with Athlon’s privacy policy, available for review
at the Privacy Policy tab on the Site. Any personal information provided by a Player
for the benefit of other Players,
including Player’s names, addresses, telephone numbers and e-mail addresses
will be disclosed at the Player’s own risk and neither Athlon nor Shell shall
have any liability in connection therewith. All data is proprietary to Shell
and/or Athlon and will not be provided to unrelated third parties or returned
to Player. Players are strongly cautioned to exercise
judgment and safety in the disclosure of personal information, understanding
that no on-line site or activity is completely impervious to outside
intervention or activity regardless of the level of security employed by Athlon
and that such information may be accessible to third parties. No Player will
engage in the posting or blogging of false, harmful, offensive, violent,
obscene, hurtful or potentially damaging language of any kind or at any time,
understanding that such language may violate public, private, federal, state or
local rights or laws governing speech, activity disguised as speech and/or any
related public or personal interest, including each Player’s right to play the
Game without harassment or disregard for the rights and values embodied in the
Communications Decency Act and both common law and federally and state-enacted
legislation against violations of the Lanham Act, slander, libel, defamation,
hate speech, and gross and intentional disregard for the feelings of others or
oneself (“Protected Speech Rights”).
No Player may attempt to attach any link, ancillary portal or sub-site or
upload or otherwise display any content on the Site or within the Game without
the express written permission of Athlon and Shell, which may be withheld for
any reason. Neither Athlon nor Shell is
affiliated with, endorsed by, or licensed by, any of the celebrities, actors,
directors, producers, television networks, movie studios, trade associations,
theatrical movie organizations, including those organizations referred to as “
the motion picture academy,” “the Academy” or the Oscars,” or any other entity,
award, honor or individual identified in the Game or its promotional materials
and none are a sponsor of or associated with the Game in any way. Any of their names, brands, identifying
terms and/or designations, including any embedded or associated trademarks,
service marks, design marks, trade dress, logos and images (“Third Party
Materials”) found on the Site are the trademarks, brands or other protected
content of their respective owners and are used only to reference the person,
thing or event being discussed in context and for acceptable, valid, and
appropriate factual, descriptive, identification and non-trademark purposes
only and Athlon and Shell are not owners
of nor have any interest in the Third Party Materials, including as a licensee. The Site is intended for informational
and entertainment use only. Any and all software, platforms, page or menu
organization, components, content, play mechanisms, proprietary functionality,
graphic or text materials, trademarks, service marks, brands, logos, slogans,
names, music, photos, videos, sounds or any other materials in or on the Game
or the Site that are not Third
Party Materials or owned by Shell (“Protected
Materials”), including all acquired goodwill and market recognition
associated with the Protected Materials are the exclusive, valuable
intellectual property of Athlon, subject to copyright, trademark or other
statutory protection, and may not be copied, used, distributed, adopted,
merged, or appropriated for any purpose without the prior express written
permission of Athlon. Any and all graphic or text materials, trademarks,
service marks, brands, logos, slogans, names, or any other materials in or on
the Game or the Site that are owned by Shell (“Shell Materials”), including all acquired goodwill and market
recognition associated with the Shell Materials are the exclusive, valuable
intellectual property of Shell, subject to copyright, trademark or other
statutory protection, and may not be copied, used, distributed, adopted,
merged, or appropriated for any purpose without the prior express written
permission of Shell.
10. GENERAL INFORMATION: Athlon
reserves the right to modify the Official Rules at any time for the purposes of
clarifying and effectuating how the Game should be played, how the Game will be
scored, how Winners are determined, how tie-breaking procedures are applied,
how unanticipated ties are resolved, and what prizes will be awarded. Any changes to the Official Rules will
be reasonably made with the intention of not materially affecting the terms and
conditions of the Game. In the event of inadvertent computer or operator error,
the illegal or inappropriate activity of any Player, the unanticipated
application, failure or effect of Game mechanisms of play or individual
components, software or hardware, or force majeure events affecting the
schedule(s) of registration, Player entry, Round or entry deadlines, the
determination or notification of Winners, the application of tie-breaking
procedures, or the awarding of prizes, Athlon reserves the right to modify,
revise, add-to, nullify or utilize only in part the stated timing, commencement
or termination of any Round, Period, Series, Field, entry or promotion period
or schedule and/or, in its sole discretion, to implement substitute Rounds,
Periods, Series, Fields, entry or promotion periods or schedules, or portions
thereof, solely for purposes of conducting the Game in a fair and reasonable
manner and determining Winners on an equal basis and without unfairly
disqualifying otherwise eligible Players from winning prizes. All applicable
federal, state and local laws and regulations apply. Any
and all disputes in connection with the Game will be resolved exclusively in
the appropriate courts in Nashville, Tennessee. Should there be a conflict between the laws of the State of
Tennessee and any other laws, the conflict will be resolved in favor of the
laws of the State of Tennessee.
Each Player waives any and all objections to jurisdiction and venue and
hereby submits to the jurisdiction of those courts. Any and all lawsuits or
other disputes that arise relating to the Game must be filed within one (1)
year of the last day of the Promotion Period. The failure of Athlon to exercise
or enforce any right or provision of the Official Rules shall not constitute a
waiver of such right or provision.
If any part of the Official Rules is held by a court of competent
jurisdiction to be invalid or unenforceable, that part will be enforced to the
maximum extent permitted by law and the remainder of the Official Rules will
remain fully in force.
Presented By: Shell Oil
Products U.S.
Produced and Administered By:
Athlon Sports Communications, Inc., 220 25th Avenue North,
Nashville, Tennessee 37203. © 2009 Athlon Sports Communications, Inc. All
rights reserved.
