Bp Lubricants Castrol – The 43rd Ryder Cup Photo – Win two First Tee Passes

CASTROL AND THE 43RD RYDER CUP PHOTO CONTEST TERMS AND CONDITIONS
No purchase or payment is required to win or claim a prize. The Castrol Ryder Cup Contest (the
“Campaign”) is governed by these Terms and Conditions (the “Terms”) and is subject to all
applicable laws and regulations. By participating, you (“Entrant”) agree to abide by these
Terms, including all eligibility requirements, and understand that the results are final in all
respects. Direct any questions, comments, or complaints regarding the Campaign to BP using
the contact information provided below.
Please read these Terms carefully because they affect your legal rights, including an agreement
to resolve any disputes that may arise between you and Sponsor BP Lubricants USA, Inc. (“bp”)
through arbitration on an individual basis instead of class actions or jury trials. By participating
in the Campaign, you agree to be bound by these Terms. Your right to participate in the
Campaign is conditioned upon your acceptance and compliance with these Terms. If you do not
agree to be bound by these Terms, you are not authorized to participate in the Campaign.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER
AND JURY TRIAL WAIVER THAT AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES
WITH BP. PLEASE READ IT CAREFULLY. IT IS CONTAINED BELOW.
Eligibility: This Campaign is open to legal residents of the United States and Puerto Rico. Void
where prohibited by law. Employees of bp are not eligible to participate.
Campaign Period: The Campaign begins on September 1, 2021 and ends on September 8, 2021.
A Grand Prize winner will be determined by being the photo submission with the most votes on
September 8th, 2021 at 11:59 pm ET. The four (4) runners-up will be determined by the next
four photo submissions with the most votes.
How to Enter: The Campaign must be entered by submitting an entry using the online form
provided at https://m,lndg.page/V3JVbl. The entry must fulfill all Campaign requirements, as
specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to these
Terms or specifications may be disqualified at the sole discretion of bp. You may enter only
once. You must provide the information requested. You may not enter more times than
indicated by using multiple email addresses, identities, or devices in an attempt to circumvent
these Terms. If you use fraudulent methods or otherwise attempt to circumvent these Terms,
your submission may be removed from eligibility at the sole discretion of bp.
Prizes: One (1) Grand Prize winner will receive two (2) First Tee Passes, with a total prize value
of $375. Four (4) one-day tickets to the 43rd Ryder Cup., with a total prize value of $1,000.
Please note, all prize winnings do not include funding for lodging and travel. All entrants will be
required to pay their own lodging and travel if they win.
Odds of Winning: Odds of winning depends on the number of valid entries received. Winner
will be notified via e-mail.
Winner Selection and Notification: Winner will be selected by community vote under the
supervision of bp. Winner will be notified by email within five (5) days following selection of
Winner. Bp shall have no liability for Winner’s failure to receive notices due to spam, junk e-
mail, or other security settings or for Winner’s provision of incorrect or otherwise non-
functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the
prize within (3) days from the time award notification was sent, or fails to timely return a
completed and executed declaration and release as required, the prize may be forfeited, and an
alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is
conditioned upon compliance with any and all federal, state, and local laws and regulations.
ANY VIOLATION OF THESE OFFICIAL TERMS BY WINNER (AT BP’S SOLE DISCRETION) WILL
RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES
AS WINNER WILL BE IMMEDIATELY TERMINATED.
Winner Acceptance: bp shall deliver the prize to the winner at that winner’s address within ten
(10) business days in any manner subject to bp’s sole discretion. In the unlikely event that a
winner has not received communication to arrange their prize within 10 days of Prize
Acceptance, the winners will have a further 10 days to inform BP by emailing
Jacob.Dostal1@bp.com. If a winner does not do so, bp reserves the right to not reissue the Prize
or limit its value at its sole discretion.
Winner List: Winners will be posted at https://m,lndg.page/V3JVbl within ten (10) business days
after all winners have accepted the Prize, at the latest. The list of winners may also be
requested by contacting bp at the address listed below.
This Campaign is in no way, sponsored, endorsed, administered by, or associated with
Instagram, Twitter, or Facebook.
Additional Prize Details and Conditions: The winner is responsible for the behavior of themselves
and their guest whilst using the Prize. bp reserves the right in its absolute discretion to exclude
the winner and/or their guest from participation in any aspect of the Prize if any party fails to
comply with the directions of bp or any companies associated with the Prize or if the winner
and/or their guest act in a manner that is dangerous to themselves or to the public or is, in the
opinion of bp, anti-social in any manner or which causes a disturbance or nuisance to others.
Failure to comply with these Terms may result in refused entry, or the ticket holders being
required to leave the event/venue.
You and your guest must abide by any relevant Rules set by the venue which form part of your
prize. It is your responsibility to ensure that you take care when moving around the event/venue.
Publicity: bp may request that the winners participate in reasonable publicity arising from the
Campaign. Participation is at the winner’s discretion and is not a condition of Prize Acceptance.
Non-Transferrable: The Prizes are not transferable or exchangeable and cannot be redeemed for
monetary value or for any other form of compensation. If for any reason any Prize is not available,
bp reserves the right, at its sole discretion to substitute the Prize for another of equal or greater
value.
Modification: If the Campaign is not capable of running as planned for reasons including but not
limited to tampering, unauthorized intervention, fraud, dishonesty, technical failures, or any
other causes beyond the control of the bp which corrupt or affect the administration, security,
fairness, integrity or proper conduct of this Campaign, bp reserves the right to disqualify any
individual who tampers with the entry process or does not comply with these Terms, or
invalidate any affected entries and/or to cancel, modify or suspend the Campaign.
No Warranty, Guaranty or Representation: Taxes and all other costs and expenses associated
with the prize and/or use, if any, are the sole responsibility of the winner. All entries become
the property of bp and will not be acknowledged or returned. BP AND EACH OF ITS OFFICERS,
DIRECTORS, AFFILIATES, RELATED ENTITIES, PARTNERS, PARTNERSHIPS, PRINCIPALS,
REPRESENTATIVES, AGENTS, LICENSEES, SUCCESSORS AND ASSIGNS (I) MAKE NO EXPRESS
WARRANTY, GUARANTY, OR REPRESENTATION OF ANY KIND CONCERNING ANY PRIZE, (II)
DISCLAIM ANY IMPLIED WARRANTY, AND (III) ARE NOT LIABLE FOR INJURY, LOSS, OR DAMAGE
OF ANY KIND RESULTING FROM THE ACCEPTANCE OR USE OF THE PRIZE OR FROM
PARTICIPATING IN THIS CAMPAIGN.
Electronic Communications: Except as otherwise required by law, you acknowledge and agree
that bp may provide any notice permitted or required under these Terms via mail, email,
posting on our website, SMS, in-app or push notification, or any other reasonable means. By
participating in the Campaign, you acknowledge and agree that bp may communicate with you
regarding the Campaign electronically. These communications will include notices about your
account (e.g., change in password, confirmation e-mails, and other transactional information)
and are part of your relationship with bp. Such communications, as well as notices, disclosures,
agreements, and other communications that we provide to you electronically, are equivalent to
communications in writing and shall have the same force and effect as if they were in writing
and signed by us. You should maintain copies of electronic communications by printing a paper
copy or saving an electronic copy.
When Campaign Void: The Campaign is void where prohibited by federal, state, or local law or
regulations.
Indemnification: You agree to indemnify, defend and hold harmless bp and its subsidiaries and
other affiliates, and its and their directors, officers, owners, agents, co-branders or other
partners, employees, information providers, licensors, licensees, consultants, contractors and
other applicable third parties (collectively “Indemnified Parties”) from and against any and all
claims, demands, causes of action, debt or liability, including without limitation attorney’s fees
and costs incurred by the Indemnified Parties arising out of, related to, or which may arise
from:
1. your participation in the Campaign;
2. any breach or non-compliance by you of any of these Terms;
3. your actions or omissions; or
4. your negligence or violation or alleged violation of any applicable law, regulations, or any
rights of a third party.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL BP OR ANY OF ITS CONTRACTORS, PROVIDERS, FRANCHISEES, OR ANY OF EACH OF
THEIR AFFILIATES AND SUBSIDIARIES, BE LIABLE FOR ANY DAMAGES OR INJURY ARISING OUT
PARTICIPATION IN THE CAMPAIGN, INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL,
INCIDENTAL, PUNITIVE, LOST PROFITS OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT,
TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED.
BP will not be liable for any delay or failure to comply with its obligations for reasons beyond its
reasonable control arising from but not limited to Acts of God, global or regional epidemic or
pandemic, adverse weather conditions, fire, industrial dispute, war, terrorist activity, hostilities,
political unrest, riots, civil commotion, plague or other natural calamities, or any other
circumstances of BP.
DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER:
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE.
IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH INDIVIDUAL 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 LIMITED REVIEW BY A
COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS.
YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT THE
CLASS ACTION WAIVER AND JURY TRIAL WAIVER) WITHIN THIRTY (30) DAYS OF ACCEPTANCE
OF THESE TERMSS, IF YOU FOLLOW THE PROCEDURES SET FORTH IN THIS SECTION.
OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH BP
THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
YOU AND BP AGREE TO ARBITRATE – RATHER THAN LITIGATE IN COURT – any and all claims or
disputes between us (including any parents, subsidiaries, affiliates, officers, directors,
employees, or agents of BP), that are connected to, arise out of, or in any way relate to these
Terms. Notwithstanding this agreement to arbitrate, you and bp may bring appropriate claims
against each other in small claims court, if the claims fall within the small claims court’s
jurisdiction, or before the Federal Communications Commission, the relevant state public
utilities commission, or any other federal, state, or local government agency authorized by law
to hear the claims.
Opt Out: You may opt out of this dispute resolution provision (except for the class action waiver
and jury trial waiver contained below) by notifying bp in writing of that intent within thirty (30)
days after acceptance of these Terms by sending a letter stating that you are opting out of this
dispute resolution provision to BP via U.S. mail to 1500 Valley Rd, Wayne, NJ 07470. Exercising
this right, should you choose to do so, will not affect any of the terms of your agreement with
bp. If you opt out of the dispute resolution provision, that opt out will remain in effect if bp
modifies this section in the future.
Class Action Waiver: You and bp agree that all claims or disputes between you and bp will be
arbitrated (or litigated if you have opted out of arbitration) individually, and that there will be
no class, representative, or consolidated actions in arbitration or court. Furthermore, neither
you nor BP may participate in a class or representative action as a class member if the class
action asserts claims that would fall within the scope of these Terms if they were directly
asserted by you or bp. All parties agree that this class action waiver is an essential part of these
Terms. If this class action waiver is found to be unenforceable by any court or arbitrator, such a
ruling shall not affect the enforceability of the other dispute resolution provisions in this
Section. This class action waiver may not be severed from our arbitration agreement. Even if
you opt out of this dispute resolution agreement, you still expressly and knowingly WAIVE THE
RIGHT TO BRING A CLASS ACTION.
Arbitrator Authority: The arbitration between you and bp will be binding. In arbitration, there is
no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is
governed by these Terms. You and bp agree that any question or dispute regarding arbitrability
of any claims will be resolved by an arbitrator. You and bp agree that an arbitrator may only
award such relief as a court of competent jurisdiction could award, limited to the same extent
as a court would limit relief pursuant to these Terms. An arbitrator may award attorneys’ fees
and costs if a court would be authorized to do so and may issue injunctive or declaratory relief
if that relief is required or authorized by the applicable law, but that injunctive or declaratory
relief may not extend beyond you and your dealings with bp. Review of arbitration decisions in
the courts is very limited.
Arbitration Procedures: You and bp agree that these Terms affect interstate commerce and that
the Federal Arbitration Act applies. All arbitrations shall be conducted by the American
Arbitration Association (“AAA”). The AAA’s rules are available on its website at www.adr.org or
by calling 1-800-778-7879. The Commercial Arbitration Rules will apply. If there is a conflict
between the AAA’s rules and this dispute resolution agreement, this dispute resolution
agreement shall control. To initiate arbitration, you must send a letter requesting arbitration
and describing your claims to 1500 Valley Rd, Wayne, NJ 07470. You must also comply with the
AAA’s rules regarding initiation of arbitration. You will be responsible for your own attorneys’
fees and costs unless otherwise determined by the arbitrator pursuant to these Terms or
applicable law.
Jury Trial Waiver: If for any reason this arbitration agreement is found to be unenforceable, or if
you opt out of this dispute resolution agreement, you and bp expressly and knowingly WAIVE
THE RIGHT TO TRIAL BY JURY. This means that a judge rather than a jury will decide disputes
between you and bp if, for any reason, the arbitration agreement is not enforced. This Dispute
Resolution Section survives the termination of these Terms with bp.
Privacy and Use of Personal Information: All personal data supplied for this Campaign will be
used solely for the purpose of this Campaign by bp and/or by any agent appointed by it to assist
with running the Campaign and will not be disclosed to an unconnected third party unless your
positive consent has been obtained. Your personal data will be handled in accordance with the
bp’s privacy policy which may be updated from time to time in bp’s sole discretion, available at:
Privacy Statement ” Home (bp.com).
Severability: If any part/s of these Terms are legally ruled to be invalid, illegal or unenforceable,
the remainder will not be affected and will continue in full force and effect.
Choice of Law: The construction, validity, interpretation, and enforceability of these Terms, and
the rights and obligations of Entrants, winners, bp shall be governed by and construed in
accordance with the laws of the United States and the state of Illinois, without giving effect to
any choice of law or conflict of law rules or provisions.
CAMPAIGN SPONSOR:
BP Lubricants USA, Inc.
1500 Valley Rd, Wayne, NJ 07470
(888) 274-3578