2016 FiveStar Men s Basketball Bracket Challenge Official Rules

2016 FiveStar Men’s Basketball Bracket Challenge Official Rules NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. THIS PROMOTION IS...
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2016 FiveStar Men’s Basketball Bracket Challenge Official Rules NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. THIS PROMOTION IS DEVISED AS A NON-GAMBLING PROMOTION AND IS INTENDED SOLELY FOR ENTERTAINMENT PURPOSES. U.S. LAW GOVERNS THIS PROMOTION. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THE FOLLOWING OFFICIAL RULES (THE “OFFICIAL RULES”): 1. DESCRIPTION: The 2016 FiveStar Men’s Basketball Bracket Challenge is a FREETO-PLAY online game that allows eligible entrants to demonstrate their knowledge of basketball (the “Promotion”). The goal of the Promotion is to accumulate the most points by correctly selecting the “winning pick” for each of the match-ups associated with the 2016 NCAA Men’s Basketball Tournament (the “Tournament”). THIS PROMOTION IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, THE NCAA®*, ITS MEMBERS OR PARTNERS. NCAA® is a registered trademark of the National Collegiate Athletic Association. This is a skill game designed to increase consumer awareness of or interest in FiveStar locations. This Promotion may not be used for any form of gambling. This Promotion is void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. No purchase or entry fee is necessary to enter or win. 2. SPONSOR: Newcomb Oil Co., LLC d/b/a FiveStar (the “Sponsor”), with a mailing address of 951 Withrow Court, Bardstown, KY 40004, will serve as the Sponsor of the Promotion and will be responsible for resolving any disputes that arise regarding the rules, in its sole discretion. 3. ELIGIBILITY: To be eligible to participate in the Promotion, you must be at least 18 years of age as of the date of entry. Employees of Newcomb Oil Co., LLC d/b/a FiveStar, members, officers, directors, agents, and representatives of Sponsor, its parent, subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies (the “Promotion Entities”), and members of the immediate family or household of each, and those living in the same household of each are not eligible to win. Winning a prize is contingent upon fulfilling all requirements set forth herein. From all eligible entries received, the winners will be determined based on their ability to accumulate the most points in this Promotion during the Tournament. If you are a college athlete or expect to be one, participating in this Promotion could affect your NCAA® eligibility. 4. HOW TO REGISTER: Registration in the Promotion begins at 9:00 am EST, Tuesday, March 1, 2016. The Promotion ends upon the completion of the Tournament

(the “Promotion Period”), and entries must be received as required herein. Registration is free. To register, eligible entrants must visit www.fivestarfoodmart.com (the “Website”) and complete the online registration process via email according to the on-screen instructions, which includes accepting the Official Rules of the Promotion. Once registered, entrants must follow the on-screen instructions to play. Only eligible registrations actually received by the Sponsor will be considered for a prize. Receipts and other proofs of submission do not constitute proof of actual receipt. Automated entries are not permitted and will be disqualified. Limit one (1) registration per entrant for the duration of the Promotion. 5. HOW TO PLAY: The objective of the Promotion is to accumulate the most points by correctly selecting the “winning pick” for each of the match-ups associated with the Tournament. The point system for correct picks in a given round will be as follows: Round 1

Round 2

Round 3

Round 4

Round 5

Round 6

1 point

2 points

4 points

8 points

16 points

32 points

In the event a Tournament match does not occur as scheduled, e.g., due to a cancellation, no points will be awarded. All picks will lock at the scheduled tip off time of the Tournament. Entrants must select the projected winners of all Tournament games by completing their bracket selection beginning at 9:00 a.m. on March 14, 2016, and by no later than 11:00 a.m. EST, Thursday, March 17, 2016. Selections submitted after the deadline shall be considered invalid. Sponsor's computer is the official timekeeping device for this Promotion. 6. WINNER SELECTION AND NOTIFICATION: Potential winners will be determined according to the highest total score at the conclusion of the Tournament. Ties will be broken as follows: Participants will be required to identify the combined number of total points scored by both teams in the championship game in the event of tie at the end of the Promotion. In the event of a dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each potential winner may be required to show proof of being the authorized account holder. Potential prize winners will be notified by telephone and/or email after of the conclusion of the Tournament. Prizes not claimed by the winners by April 15, 2016, may be canceled or awarded to another participant, in the Sponsor’s sole discretion. Winners may be required to verify their shipping address and return within five (5) days of first attempted notification an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release, and such other documents as Sponsor may

determine in its sole discretion (collectively, the “Prize Claim Documents”). Failure of any winner to return executed Prize Claim Documents within the specified time period may result in forfeiture of the prize, and no prize will be awarded until all executed Prize Claim Documents are returned. The Promotion Entities shall have no liability for any notification that is lost, intercepted, or not received by a potential winner. The odds of winning prizes depend on the total number of eligible entries received and the relative knowledge of all entrants regarding basketball. Other restrictions may apply. 7. PRIZES AND APPROXIMATE RETAIL VALUES: Limit one (1) prize per entrant. The approximate retail value (“ARV”) of all prizes is $ 2,410. a. One (1) grand prize will be awarded to the participant scoring the highest total number of points at the end of the Promotion. The grand prize winner will receive FREE GAS FOR A YEAR* from FiveStar. *Gas for a Year amount means an amount equal to $30.00/week X 52 weeks. (ARV: $1,560 US Dollars) b. One (1) 2nd prize will be awarded to the participant scoring the second highest total number of points at the end of the Promotion. The 2nd prize winner will receive two tickets to Kenny Chesney/Miranda Lambert concert at Papa Johns Cardinal Stadium, Louisville, KY, Saturday, May 28, 2016, plus a $200 FiveStar Gift Card. (ARV: $650 US Dollars) c. One (1) 3rd prize will be awarded to the participant scoring the third highest total number of points at the end of the Promotion. The 3rd prize winner will receive a $200 FiveStar gift card. (ARV: $200 US Dollars) In the event of a tie, see above details of a tie breaker. 8. PRIZE DETAILS AND RESTRICTIONS: The grand prize recipient will receive FiveStar gift cards totaling $1,560 for purchases only at FiveStar locations. FiveStar is not responsible for making adjustments to the prize based upon actual gasoline prices. Prize is non-transferable; no substitutions or cash awards allowed, except at Sponsor’s sole discretion. All prize details are at the sole discretion of the Promotion Entities. Sponsor reserves the right to substitute a prize with one of comparable or greater value. THE WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE. 9. CONDITIONS OF PARTICIPATION/RELEASES: PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. BY PARTICIPATING, EACH ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE PROMOTION ENTITIES, WHICH SHALL BE FINAL IN ALL RESPECTS. By participating in this Promotion and/or accepting any prize, each

entrant releases, and shall indemnify, defend and hold harmless, the Promotion Entities from and against any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance, use, or misuse of any prize. Acceptance of a prize authorizes the Sponsor and its designees to use prize winner’s name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, throughout the universe in perpetuity, or on a winner’s list, if applicable, without further compensation unless prohibited by law. Promotion Entities are not obligated to use any of the abovementioned information or materials, but may do so and may edit such information or materials, at the Promotion Entities’ sole discretion, without further obligation or compensation. By entering the Promotion, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual outofpocket costs incurred, including costs associated with entering the Promotion, but in no event will entrant’s attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages, and/or any and all rights to have damages multiplied or otherwise increased, and/or any other damages, other than direct, actual outofpocket expenses. The Promotion Entities shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software, traffic congestion on the internet, or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession, use or misuse of a prize, or from participation in the Promotion; (v) the entrant’s claim that he or she has been defamed or portrayed in a false light or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Promotion. Promotion Entities assume no responsibility for any damage to an entrant’s computer system arising from or in connection with accessing the Website or participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Promotion Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Promotion (or any portion of the Promotion) at any time, including without limitation in the event that a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupts or inhibits the administration, security or proper play of the Promotion. In such a situation, Promotion Entities may select the winner(s) from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Promotion Entities.

Promotion Entities may prohibit an entrant from participating in the Promotion or winning a prize if, in their sole discretion, they determine that an entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair playing practices, or by acting in a way that annoys, abuses, threatens or harasses any other entrants or Promotion Entities’ representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROMOTION. SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 10. GOVERNING LAW; JURISDICTION; VENUE: ALL ISSUES AND Q U E S T I O N S C O N C E R N I N G T H E C O N S T R U C T I O N , VA L I D I T Y, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE COMMONWEALTH OF KENTUCKY WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. For any matters arising hereunder, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the KENTUCKY state and federal courts located in Nelson County, Kentucky. The parties agree not to raise the defense of forum non-convenes. 11. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor’s privacy policy posted at http://www.newcomboil.com/. In addition, by entering the Promotion, entrant grants Sponsor permission to share entrant’s email address and any other personally identifiable information with the other Promotion Entities for the purpose of Promotion administration and prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as explicitly described in Sponsor’s privacy policy. 12. GAMBLING AND LOTTERY PROHIBITION: This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling or lottery. 13. PRIZE WINNER LIST: Any legally required winner’s list may be obtained by sending a self-addressed, stamped envelope to: FiveStar Men’s Basketball Bracket Challenge, c/o Public Relations, 951 Withrow Court, Bardstown, KY 40004. Specify “Terms & Conditions” or “Winners List.” All such requests must be received within six (6) weeks after the Promotion ends. 14. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE

FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE PROMOTION, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE PROMOTION. IN NO EVENT SHALL FIVESTAR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE PROMOTION AND THE SERVICE INCLUDING THE PRIZE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

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