Giveaways - Official Rules

MARCH 2024 – FOLLOW, SHARE & TAG GIVEAWAY

“OFFICIAL RULES”

NO PURCHASE OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

The Marathon Fuel Sweepstakes (the “Sweepstakes”) is a game of chance sponsored by Marathon Petroleum Company LP, 539 S Main St, Findlay, OH 45840 (the “Sponsor”).

ELIGIBILITY:

Sweepstakes participation is open only to legal residents of the United States (and DC) (excluding RI), who are 18 years of age or older at the time of entry. The following individuals are not eligible: Employees, contractors, directors and officers of Sponsor and each of its respective parent, affiliates, subsidiaries and web-design, advertising and promotion agencies, fulfillment, judging or other agency involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, "Parties"), and the immediate family members (parent, spouse, sibling, child, and their respective spouses or "step" of each, regardless of where they reside) and those living in their same households whether or not related. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who, within the past six (6) months, performed services for Sponsor or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes or supplying the prize, and/or their respective parent, affiliates, subsidiaries, and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year.

SWEEPSTAKES ENTRY PERIOD:

The Sweepstakes begins 12:01:01 p.m. Eastern Standard Time ("EST") on Wednesday, March 20th , 2024 and ends 11:59:59 p.m. EST on Friday, March 22nd, 2024 (the "Entry Period"). All entries must be received by 11:59:59 p.m. EST on Friday, March 22nd, 2024. All entries become the property of Sponsor and will not be acknowledged or returned.

HOW TO ENTER:

VIA SOCIAL MEDIA: Entrant may enter by visiting Sponsor’s Instagram [AAD1] accounts: @MarathonFuel (the “Site”), following @MarathonFuel, sharing the giveaway alert post to your story & tagging @MarathonFuel, and tagging 3 friends in the comments on the giveaway post (“Entry”). Entrant may be asked to confirm that they are 18 years of age or older or confirm other information necessary for eligibility. If you do not have a computer or other device to access the Internet, many public libraries offer free access to computers and the Internet. By participating in the Sweepstakes, entrant agrees that Sponsor shall have the right to use all personal information provided to Sponsor.

Entrant must be a member of instagram.com in order to participate; there is no fee to become a member. Entrant’s participation on Instagram must comply with the Terms of Service or Terms of Use posted on each respective website. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with the social media platforms where content may be posted or shared (Facebook, Instagram, X, etc., collectively “Social Media Platforms”).

GENERAL CONDITIONS:

By participating, entrants accept and agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entry, including, but not limited to, the right to use entrant's likeness, and/or statements regarding his/her participation in this Sweepstakes (with or without using the entrant's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the entrant or any other party. Entrant expressly waives any intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of the entry, and agrees not to sue or assert any claim against the Sponsor for the use of the Entry or entrant's likeness or statements. Entrant agrees to indemnify and hold Sponsor, all related parties and their respective affiliates, officers, directors, agents, co-branders or other partners, including any of their employees, and the Social Media Platforms (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the entrant's Entry, or the entrant's conduct in creating an Entry or otherwise in connection with this Sweepstakes, including but not limited to claims for trademark infringement, copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation. Entrant further agrees to forever release and discharge Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes entrant's rights with regard to any elements, characters or ideas contained in any Entry.

If for any reason the Sweepstakes cannot run as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive manner. Any attempt by an entrant to deliberately damage any website involved in the Sweepstakes or to undermine the legitimate operation of the Sweepstakes may be in violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages, including attorneys' fees, from any such entrant to the fullest extent of the law, including criminal prosecution. No responsibility is assumed by Sponsor for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries or any problems or technical malfunctions of any telephone network or lines, typographical or other errors, computer online systems, servers or providers, computer equipment, software, failure of any email or electronic entry to be received on account of technical problems or traffic congestion on the Internet or on any website or any combination thereof, including any injury or damage to entrant's or any other person's computer related to, or resulting from, participation in or downloading any materials from this Sweepstakes. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the prizes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines to be tampering with the entry mechanism, to be violating these Official Rules or to be acting in a disruptive manner.

Sweepstakes is subject to all applicable federal, state, and local laws and regulations.

PRIZES:

Fifteen (15) prizes will be awarded. Prizes will include: fifteen (15) $25.00 Marathon Gift Cards.

If there are insufficient entries or a winner forfeits a prize for any reason, the Sponsor may conduct an alternate drawing, or choose to have the forfeited prize remain unawarded. Approximate Retail Value (“ARV”) of the prizes, taken together, is $375.00.[AAD2]

Should any element or detail of the prizes become unavailable, the Sponsor shall have the right to substitute an equivalent element of similar value. The winners are responsible for any other fees and expenses not specifically mentioned in these Official Rules.

A winner must each be 18 years of age or older. No substitution or cash equivalent of any of the prizes is permitted except at Sponsor’s sole discretion. Terms and conditions and any expiration date on Marathon gift cards apply. All winners are each responsible for any and all federal, state and local taxes or assessments, as well as any forms as may be required by said taxing authorities (e.g., IRS Form W-9). Any person winning over $600.00 in prizes will receive an IRS Form 1099 Miscellaneous from Sponsor for the calendar year in which any prize is awarded. ODDS: The odds of winning a prize are determined by the number of entries received.

WINNER SELECTION:

Winners will be selected in random drawings from all eligible entries submitted during the Entry Period.
Winners will be drawn by Sponsor, whose decision with respect to the selection of the winner and the interpretation of these rules and regulations will be final. Winner will be notified via Instagram Direct Message. If potential winner does not reply to such notification within three (3) business days, the winner will be disqualified and an alternate winner will be selected. Personally identifiable information received will be used only to verify eligibility and award prizes.[AAD3]

In the event of dispute concerning the identity of an entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the Instagram account. If for any reason any prize is not claimed or a winner is disqualified, the prize will be forfeited and an alternate winner will be selected from among all eligible entries received during the Entry Period.

HOLD HARMLESS:

Sweepstakes is provided "as is". Winner and entrants agree that the Sponsor shall not be responsible or liable for, and each winner and entrant agrees to release and hold harmless the Sponsor from losses, damages, or injuries of any kind to person, including personal injury or death, or property resulting from participating in the Sweepstakes or Sweepstakes-related activity, including, but not limited to, the acceptance/possession and/or use or misuse of any prize or any injury or damage to entrant’s or third person's property related to or resulting from any prize or any part of the Sweepstakes. By participating in the Sweepstakes, entrants agree that the Sponsor will have no liability whatsoever for, and that entrant shall hold the Sponsor harmless against, any liability for any claims based on publicity rights, defamation, or invasion of privacy as well as injuries, damages, or losses of any kind, whether or not foreseeable, including, without limitation, direct, indirect, incidental, consequential or punitive damages to persons or to property arising out of the prize awarded hereunder.

Without limiting the foregoing, everything regarding the Sweepstakes, including any websites used in connection therewith and any prize awarded hereunder, 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, all of which are expressly disclaimed by the Sponsor.

LIMITATIONS OF LIABILITY AND RELEASE:

No liability or responsibility is assumed by Sponsor resulting from any entrant’s participation in or attempt to participate in the Sweepstakes or ability or inability to upload information in connection with participating in the Sweepstakes. No responsibility or liability is assumed by the Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Sites in whole or in part for any reason; traffic congestion on the Internet or the Sites; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Sites. Use of the Sites is at user's own risk. Sponsor is not responsible for any personal injury or property damage or losses of any kind which may be sustained to entrant’s or any other person's computer equipment resulting from participation in the Sweepstakes, use of the Sites or the download of any information from the Sites. By participating in the Sweepstakes, the entrant forever releases and discharges Sponsor from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Sweepstakes. By accepting a prize in the Sweepstakes, Winner agrees that the Sponsor shall not be liable for any loss or injury resulting from participation in the Sweepstakes, acceptance or use of any prize. Sponsor is not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event").

CHOICE OF LAW:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, Sponsor and the Indemnitees in connection with the Sweepstakes shall be governed by, and construed in accordance with, the substantive laws of the State of Ohio, USA. All claims, judgments and awards on behalf of entrant will be limited to lesser of actual out-of-pocket costs incurred or two hundred fifty dollars ($250). Attorneys’ fees will not be awarded or available to entrant, even if entrant proves to be a prevailing party. ENTRANT ACKNOWLEDGES AND AGREES THAT HE OR SHE HEREBY WAIVES AND RELEASES ANY RIGHT TO BRING ANY DISPUTE AS A CLASS ACTION OR PARTICIPATE IN THE SAME.

RULES REQUESTS/NAMES OF WINNERS:

For a copy of the Official Rules, send a self-addressed stamped envelope to: Marathon Petroleum Company LP, ATTN: Marketing Department, 539 South Main Street, Findlay, OH 45840, (return postage may be omitted where prohibited). Requests for copies of the Official Rules received after Friday, March 22nd, 2024 will not be honored. You may request in writing the winner of the prize, the name and the city or town of residence of each prize winner, the date of receipt of the prize, and the value of the prize. For a list of the winners, available after Tuesday, March 26th, 2024, send a self-addressed stamped envelope to Marathon Petroleum Company LP, ATTN: Marketing Department, 539 South Main Street, Findlay, OH 45840, (return postage may be omitted where prohibited). Requests for a list of the winners received after Tuesday, March 26th, 2024, will not be honored.[AAD4]

PRIVACY NOTICE:

Personal information will be collected during the Sweepstakes and the entrant consents to the collection, use and disclosure of such information by completing the Entry. Personal information may be used or disclosed by Sponsor and its affiliates as stated in these Official Rules, for purposes of Sweepstakes administration, winner identification and qualification, winner notification and prize award, and otherwise as described in our Privacy Policy at https://www.marathonpetroleum.com/Privacy-Policy/.

DISPUTES; ARBITRATION:

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THE SWEEPSTAKES.

BINDING ARBITRATION: This provision is intended to be interpreted broadly to encompass all disputes, claims or controversies (regardless of legal theory or source of law issue) arising out of or relating to the Sweepstakes or participation in the Sweepstakes. Any dispute or claim arising out of or relating to the Sweepstakes (whether based in contract, tort, statute, fraud, misrepresentation, common law, or any other legal theory) will be resolved by binding arbitration, except that either you or the Sponsor may take claims to small claims court if the claims or demands qualify for hearing by such a court.

ARBITRATION PROCEDURES: For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to the Sponsor at 539 South Main Street, Findlay, OH 45840, ATTN: General Counsel, to allow the Sponsor an opportunity to work with you to resolve the dispute. You and the Sponsor each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted by, and in accordance with, the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by the Sweepstakes. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and the Sponsor agree that the Sweepstakes evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. Any arbitration will be held in Findlay, Ohio or, if mutually agreed, virtually. The arbitration will be conducted in the English language. There shall be three arbitrators selected from the AAA’s list of approved arbitrators, agreed to by the parties within thirty (30) days of receipt by respondent of the request for arbitration or, in default of such agreement, by the AAA. Each party shall bear the portion of any deposit, advance, or other expense as determined by the arbitrator.

Entrant and the Sponsor agree that discovery will be limited to be cost-effective and proportionate to the claim, and that the cost of discovery shall be borne by the party requesting such discovery. Except as provided below, the arbitrators may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy entrant’s individual claim, and must follow and enforce the Sweepstakes as a court would. Notwithstanding the foregoing, the arbitrators shall have no authority to award punitive, consequential or liquidated damages of any kind. In all arbitrations, the arbitrator must give effect to applicable statutes of limitations. The award rendered by the arbitrators shall be final, non-reviewable and binding on the parties. Any arbitration shall be confidential, and neither entrant nor the Sponsor may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF OHIO. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE CONTEST PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

CLASS ACTION WAIVER; JURY WAIVER:

Entrant and the Sponsor each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines in an action between entrant and the Sponsor that this class action waiver is unenforceable, the arbitration agreement will be void as to entrant. If for any reason a claim proceeds in court rather than through arbitration, entrant and the Sponsor each waive any right to a jury trial and consent to the jurisdiction of the courts and laws of the State of Ohio.