Official Rules for The Fee Free Promotion
Shell TapUp is a mobile fueling service for consumers. We come to your location and fuel your vehicle, clean the exterior and even inflate your tires!
INTERNET ACCESS IS REQUIRED. VOID WHERE PROHIBITED BY LAW.
1. ELIGIBILITY: The Fee Free Promotion (“Promotion”) is available to individuals who are 18 years of age or older as of January 1, 2020 and must be a Business to Consumer customer and not a Business to Business Customer (“Eligible Participant”). Eligible Participant must order Shell Regular, Shell V-Power, or Shell Diesel (“Shell Fuel”) where Shell TapUp operates during the Promotion Period, highlighted on the map within the Shell TapUp Application. This Promotion is only being offered within The Cannon and Alpha Graphics customer geofence.
This Promotion is subject to all applicable, federal, state, and local laws and regulations and is void where prohibited. By participating in the Promotion, all Eligible Participants and Reward recipients agree to be bound by these Official Rules and the decisions of the Sponsor and its authorized representative, which are final and binding in all matters concerning this Promotion. Issuance of the Reward is contingent upon fulfilling all requirements set forth herein.
2. PROMOTION PERIOD: The Promotion starts at 12:00 a.m. (midnight) Central Time (“CT”) on February 1, 2020 and ends at 11:59 p.m. CT on February 29, 2020 (“Promotion Period”). Sponsor’s computer will be the official timekeeping device of the Promotion.
3. REQUIREMENTS: This Promotion requires each Eligible Participant purchase a minimum of 5 gallons of Shell Fuel using Shell TapUp within the geofence for The Cannon, and Alpha Graphics, identified in TapUp.Shell.com during the Promotion Period (“Qualifying Purchase”) to qualify for a Reward (defined below). Sponsor cannot guarantee this Promotion will be available via all wireless carriers. Standard data plan rates may apply. Other charges may also apply. Qualified Participants should check their mobile plan for rates and other details relating to participation in the Promotion via mobile URL.
4. REWARD AND RETAIL VALUE:
A. Reward of up to ($3.99) for the Shell TapUp service fee for Shell Tap Up (“Reward”) will be issued instantly to each Eligible Participant who makes a Qualifying Purchase during the Promotion Period in accordance with these Official Rules and is subject to the following Reward Restriction. Reward is not transferable, and no substitutions are permitted, except at sole discretion of the Sponsor. The Reward may not be redeemed for cash. Each Reward recipient is responsible for all applicable taxes. Each Eligible Participant who qualifies for a Reward under this Promotion is limited to a maximum of one (1) Reward per day during the Promotion Period (“Reward Restriction”). The service fee is $3.99 is for the time slot of 8:00am-1:002pm CST or 12:00PM-4:00PM CST. The service fee of $1.99 is for the time slot from 8:00AM -4:00PM CST.
B. The Approximate Retail Value (“ARV”) of each Reward is $3.99 or $1.99.
C. All federal, state, and local taxes are solely the responsibility of the confirmed Reward recipient. Reward does not include any other item or cost, fee, and other expense not specified in these Official Rules, and any such expenses are the sole responsibility of the confirmed Reward recipient. Any valuation of the Reward stated above is based on available information provided to Sponsor at the time these Official Rules were published, and the value of the Reward issued may be reported for tax purposes as required by law. The Potential Winner may be required to provide Sponsor or its authorized representative with a valid taxpayer identification number or social security number before the Reward will be issued. A Form 1099 will be issued to the Reward recipient if required under applicable law.
D. The Reward recipient agrees that the Reward may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. The Reward cannot be exchanged or redeemed for cash and will not be replaced if lost or stolen. No assignment, transfer, or substitution of the Reward, in whole or in part, is permitted, except that Sponsor reserves the right in its sole discretion to substitute the Reward, or a portion thereof, with a reward or rewards of equal or greater value.
5. REWARD REDEMPTION: Reward will be automatically applied to the active Shell TapUp account of each Eligible Participant who makes a Qualifying Purchase during the Promotion Period in accordance with these Official Rules.
Acceptance of the Reward constitutes permission for Sponsor and Promotional Entities to use the Reward recipient’s persona, name, biographical information, opinions, voice, photograph and/or likeness for advertising and promotional purposes in all media now known or hereinafter developed throughout the world in perpetuity, without additional compensation, review, notification or permission, unless prohibited by law.
6. LIMITATIONS OF LIABILITY/INTERNET: SPONSOR, AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, WEB DEVELOPMENT COMPANIES, ADVERTISING AGENCIES, (AND THEIR PARENTS, SUBSIDIARIES AND AFFILIATES), PROMOTIONAL, REWARD SUPPLIERS, SOCIAL MEDIA PLATFORMS (INCLUDING BUT NOT LIMITED TO FACEBOOK, INC., TWITTER, INC. AND INSTAGRAM, LLC), AND ANY OTHER PERSONS OR ENTITIES PARTICIPATING IN THE DESIGN, ADMINISTRATION OR FULFILLMENT OF THIS PROMOTION AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (“PROMOTIONAL ENTITIES”) ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE PRINTING OF PROMOTIONAL COMMUNICATIONS AND/OR COLLATERAL ADVERTISING MATERIALS, ADMINISTRATION OF THE PROMOTION, OR IN THE ANNOUNCEMENT OF THE REWARD RECIPIENT OR IN ANY OTHER MATERIALS OR INFORMATION ASSOCIATED WITH THE PROMOTION. IN NO EVENT WILL MORE REWARDS BE ISSUED THAN ARE STATED IN THESE OFFICIAL RULES. ADDITIONALLY, SPONSOR AND/OR PROMOTIONAL ENTITIES ARE 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 PROMOTIONAL 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, BUT NOT OBLIGATION, TO CANCEL, TERMINATE, MODIFY, EXTEND 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. 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.
IN NO EVENT WILL RELEASED PARTIES (DEFINED BELOW) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. INDEMNIFICATION: EACH PARTICIPANT AND REWARD RECIPIENT AGREES, BY PARTICIPATING AND/OR ACCEPTING A REWARD, TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS SPONSOR, AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, WEB DEVELOPMENT COMPANIES, ADVERTISING AGENCIES, (AND THEIR PARENTS, SUBSIDIARIES AND AFFILIATES), PROMOTIONAL, REWARD SUPPLIERS, SOCIAL MEDIA PLATFORMS (INCLUDING BUT NOT LIMITED TO FACEBOOK, INC., TWITTER, INC. AND INSTAGRAM, LLC),] 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 REWARD, PARTICIPATION IN ANY PROMOTIONAL 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 AND/OR THE PROMOTIONAL ENTITIES OF ANY TERM IN THESE OFFICIAL RULES DOES NOT CONSTITUTE A WAIVER OF ANY OTHER PROVISION.
8. GOVERNING LAW; DISPUTES: By participating int his Promotion, you agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, the Reward, or any portion thereof, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in Houston, Texas; and (ii) in addition to the limitations in Section 6 of these Official Rules, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion 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 Entrant and Sponsor, shall be construed and governed by the laws of the State of Texas, without regard to conflicts of law rules.
10. SOCIAL MEDIA: This Promotion is in no way sponsored, endorsed, administered by or associated with any social media platform (including but not limited to Facebook Inc., Twitter, Inc., or Instagram, LLC).
11. SPONSOR: Equilon Enterprises LLC d/b/a Shell Oil Products US, 150 N. Dairy Ashford Rd., Houston, TX 77079.
12. TERMINATION, RECISSION, OR MODIFICATION. Sponsor may terminate, rescind, or modify this Promotion in whole or in part at any time without notice in its sole discretion.
© 2020 Shell Oil Products US. All rights reserved.