Official Rules – The Diesel Driver

THE DIESEL DRIVER MY DIESEL PHOTO CONTEST

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: The Diesel Driver My Diesel Photo Contest (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia), and Canada (excluding Quebec) who are at least eighteen (18) years old at the time of entry and who did not purchase any equipment for purposes of entering the Promotion. Void in Quebec, outside the fifty (50) United States (including the District of Columbia) and Canada, and where prohibited. Employees of Basex and its advertising and public relations agencies, and the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state, provincial, territorial and local laws and regulations. The Promotion consists of a game of skill (the “Contest”).

2. Sponsor: Basex, Inc. 1992 Commerce Street, Suite 215, Yorktown Heights, N.Y. 10598 U.S.A.

3. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Promotion begins on May 15, 2011 at 5:00 p.m. Eastern Time (“ET”) and ends on July 30, 2011 at 5:00 p.m. ET (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.

5. How to Enter the Contest: There is one (1) way to enter. To participate in the Contest, you must first register for the Promotion.

(a) Register for the Promotion: During the Promotion Period, visit www.thedieseldriver.com/tdd-contest/LINK (the “Web site”), and follow the links and instructions to complete the registration for the Promotion including your full name (in the user name field) and e-mail address. You must register before submitting any photos.

For all registrations: Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.

6. How to Enter the Contest: After registering for the Promotion, visit the Web site LINK and follow the links and instructions to upload one or more photographs (with a limit of six (6) photographs total).

Include a text description of the photo in the “title” field and enter location and description information into the “comments” field (the “Submission”).

Your Submission will be judged as described in section 7 below against other Submissions entered during the Entry Period. By completing the registration and entering your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Promotion if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.

Submission Guidelines:

The photo must be in .gif, .jpeg, .jpg or .png format;
The photo must not exceed two (2) MB in size;
The photo can only be entered in one category;
The photo must not have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means previously.

Content Restrictions:

The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
The Submission must not contain brand names or trademarks;
The Submission must not contain images or artwork not created by entrant;
The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, 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 state where Submission is created.

For all Submissions: Sponsor shall have the right to edit, adapt and publish any or all of the Submissions, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. A SUBMISSION IN THIS CONTEST CONSTITUTES ENTRANTS’ AGREEMENT TO GRANT SPONSOR AN IRREVOCABLE ROYALTY-FREE WORLDWIDE LICENSE TO REPRODUCE AND DISPLAY THE ENTRY OR ANY DERIVATIVE THEREOF. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Submissions, which are disqualified. Limit: a participant may only submit six (6) entries during the Entry Period.

7. Contest Winner Determination: Contest winners will be determined via the process set forth below.

(a) Judging Phase: At the conclusion of the Entry Period, qualified judges determined by Sponsor in its sole discretion will select the top three (3) Submissions from all eligible Submissions (the “Finalists”) based on the following criteria (“Judging Criteria”):

Relevancy to category (25%)
Appeal of photograph (25%)
Composition/Arrangement (25%)
Technical (including lighting and sharpness) (25%)

In the case of a tie, the entrant whose Submission received the highest score in the appeal of photo category will be deemed the Finalist Prize winner.

(b) Grand Prize Contest: Following the Entry Period all Finalists will be notified by mail, phone or e-mail and invited to submit an essay describing the location depicted in your Submission (the “Finalist Submission”).

Finalist Submission must be received by Sponsor within fourteen (14) days of the date Finalist notice or attempted notice is sent. The Finalist notification will include instructions for Finalist Submission. By entering a Finalist Submission, you agree that your Finalist Submission conforms to the Essay Guidelines below, as well as the Content Restrictions, as defined above in section 6 (collectively, the “Finalist Guidelines and Restrictions”), and that Sponsor, in its sole discretion, may remove your Finalist Submission and disqualify you and your Finalist Submission from the Promotion if it believes, in its sole discretion, that your Finalist Submission fails to conform to the Finalist Guidelines and Restrictions.

Essay Guidelines:

The essay can not exceed three hundred (300) words in length; and
The essay should include specific, descriptive details of where the photo was taken and under what circumstances.

Winner Selection: At the conclusion of the Promotion, qualified judges determined by Sponsor in its sole discretion will select the Grand Prize winner as well as the Second and Third prize winners from all eligible Finalist Submissions based on the following criteria:

Originality (50 %); and
Fit with the theme (50 %);

In the case of a tie, the entrant whose Finalist Submission received the highest score in the Judging Phase will be deemed the Grand Prize winner.

8. Winner Determination: Sponsor’s decisions as to the administration and operation of the Promotion and the selection of the potential Promotion winner are final and binding in all matters related to the Promotion.

9. Winner Notification: All potential winners must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements.

(a) Contest Winners: All potential Contest winners will be notified by mail, e-mail or phone. The potential winners will be notified on or around August 31, 2011.

The potential winner(s) (parent/legal guardian if winner is a minor in his/her state of residence) will be required to execute and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. If a potential Contest winner is disqualified for any reason, the prize will go un-awarded. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s, name, city, state, province, territory, likeness, Submission and/or prize information in connection with the Promotion, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. Finalist Prizes will be fulfilled approximately eight (8) to ten (10) weeks after the conclusion of the Promotion.

10. Prizes:

(a) Contest Prizes:

ONE (1) GRAND PRIZE: Bluelounge Sancutary charging station

ONE (1) SECOND PRIZE: Jabra Stone 2 Bluetooth headset

ONE (1) THIRD PRIZE: Innergie mCubeSlim universal travel power adapter

For all Prizes: The ARV of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.

11. Release: By receipt of any prize, the applicable winner agrees to release and hold harmless Sponsor, Administrator, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.

12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

13. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Promotion.

14. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in Westchester County, New York; (2) 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; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

15. Entrant’s Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy. In the event of a conflict between the Official Rules and the Privacy Policy, the Official Rules shall prevail.

16. Winner List: Winner’s List Requests will only be accepted after the Promotion end date listed above and no later than November 30, 2011. For the winner’s list, send a letter with a SASE to The Diesel Driver My Diesel Photo Contest, Basex, Inc., 1992 Commerce Street, Suite 215, Yorktown Heights, NY 10598 USA