1. Eligibility: The Real Life Trucking Hero Contest (the "Contest") is open only to legal residents of the United States and the District of Columbia (excluding New Hampshire) who are at least eighteen (18) years old at the time of entry and either: (1) have a valid commercial driver’s license, or (2) can validate his or her employment as a truck driver or tow truck operator. The Voting Period (as listed in Section 4 below) is open to any legal resident of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old. Employees of Progressive Casualty Insurance Company (“Sponsor”) and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Void where prohibited.
2. Timing: The Contest begins on July 11, 2013 at 12:00 a.m. Eastern Time ("ET") and ends on October 14, 2013 at 11:59 p.m. ET (the "Contest Period"). The Contest consists of an entry period July 11 – September 30, 2013 ("Entry Period") and a voting period October 1 – October 14, 2013 ("Voting Period"):
3. How to Enter: During the Entry Period, visit http://www.progressivecommercial.com/truckinghero during the Entry Period and follow the links and instructions to complete and submit the registration form, including a valid home address. P.O. Boxes are not permitted. Then, follow the directions to submit one (1) essay and one (1) photo of a commercial truck driver (you or someone you know) that meets the eligibility requirements and why that person should be the next Real Life Trucking Hero (the "Submission") in order to receive one (1) Contest entry. You may nominate yourself or another commercial truck driver who meets the eligibility requirements in Section 1. The nominee will be deemed the entrant. If you have nominated someone other than yourself, the nominee will receive an email notice of his or her nomination. As part of that email, the nominee will have the option to opt-out of the Contest. By uploading a Submission, you agree that it conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, may disqualify you from the Contest if it believes, in its sole discretion, which your Submission fails to conform to the Guidelines and Restrictions.
Limit: Each entrant may upload one (1) Submission during the Contest Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. 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. Each entrant may be required to show proof of being an authorized account holder.
4. Removal of Entry: If you were nominated and want to request removal of your nomination, please follow the links and instructions in the opt-out email you received at the time you were nominated.
5. Winner Determination: After the conclusion of the Entry Period there will be a round of judging and public voting. A panel of qualified judges determined by Sponsor in its sole discretion will select four (4) Finalists from among all eligible Submissions received, based on an application of the following criteria (“Judging Criteria”):
In the event of a tie, the entrant whose Submission received the higher score in the Fit to Contest Theme category, as determined by the qualified judges in their sole discretion, will be deemed the potential winner. During the Voting Period submissions will also be posted in an online gallery for public voting at http://www.progressivecommercial.com/truckinghero. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to vote for the Submission they believe has the most public appeal during the Voting Period. Each person may vote one (1) time per day during the Voting Period. Votes will not carry over into subsequent Entry or Voting Periods.
During the Grand Prize Selection Phase, the four (4) Finalists will be judged by a panel of qualified judges based on the Judging Criteria and the public will again be able to vote one (1) time per day for the Finalist they believe has the most public appeal. Subject to the Finalist’s compliance with these Official Rules, the Finalist whose Submission receives the highest score based on the Judging Criteria will be deemed the potential Grand Prize winner.
Multiple votes received from any person or email address in excess of the stated number will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to select an alternate Finalist or Grand Prize winner should the voting appear to have been tampered with or manipulated in any way.
6. Winner Requirements: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Potential winners will be notified by email, mail or phone on or around the first of the month following the Voting Period. Except where prohibited, each potential winner (parent/legal guardian if a winner is a minor in his/her place of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Sponsor within seven (7) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted, fails to sign and return the Declaration of Compliance, Liability and Publicity Release within the required time period (if applicable), does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up determined by the qualified judges, in Sponsor's sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled 8 – 10 weeks after conclusion of the Contest.
7. Prizes: Grand Prize: $5,000. First Runner up: $2,500. Second Runner up: $1,000 or a Freight WingTM AeroFlex Trailer Skirt installed at a Progressive network repair shop. Third Runner up: $500 or a Freight WingTM AeroFlex Trailer Skirt installed at a Progressive network repair shop.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) Finalist prize per person.
8. Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor and their respective subsidiaries, 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 Contest or receipt or use or misuse of any prize.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) 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.
10. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (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 Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (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 Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions 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. Released Parties are not responsible for any unauthorized third-party use of any Submission.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest 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 Northern District of Ohio or the appropriate Ohio State Court located in Cuyahoga County, Ohio; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
12. Entrant's Personal Information: The following notice describes how personal information will be collected, used and disclosed in connection with Real Life Trucking Hero from Sponsor:
When you submit an entry in the Promotion, you will be asked for your first and last name, physical mailing address and email address. This is so the Sponsor can contact you about your entry and to notify you if you have won a prize. If you have elected to receive emails from Sponsor, you will receive email updates, offers and other information from Sponsor that you may find useful. If you change your mind, you can stop receiving email updates at any time by using the links provided in the emails.
The Sponsor may share your information with service providers to assist in conducting the Promotion and to assist in sending these emails, but will not share your information with third parties for their marketing purposes without your consent
13. Winner List: For a winner list, visit http://www.progressivecommercial.com/truckinghero. Progressive Casualty Insurance Company, 6300 Wilson Mills Road, Mayfield Village, OH 44143.