Official Rules

Sheetz Poet Contest
Official Contest Rules

This contest is intended for viewing and participation in PA, VA, OH, WV, MD and NC only shall be construed and evaluated according to the laws of PA, VA, OH, WV, MD and NC. Please do not enter if you are not a legal resident of, and not located in PA, VA, OH, WV, MD or NC. VOID OUTSIDE OF PA, VA, OH, WV, MD AND NC, AND WHERE PROHIBITED BY LAW.

No purchase necessary To Enter or Win. Purchase does not increase your chances of winning.

1. CONTEST PERIOD: Starts May 14, 2008 at 12:00:01 a.m. Eastern Time (“ET”) and ends June 25, 2008 at 11:59:59 p.m. ET (the “Contest Period”).
   
   
2. ELIGIBILITY: The Sheetz Poet Contest (“Contest”) is open only to legal residents of PA, VA, OH, WV, MD and NC only who are 18 years or older at the time of registration, and who have a valid user account with YouTube. The following individuals are not eligible to enter or win: employees, directors, officers and agents of Sheetz (“Sponsor”), its subsidiary companies, Google, Inc., YouTube, LLC and each of their respective parents, subsidiaries and affiliated companies, distributors, sales representatives, advertising and promotion agencies involved in the Contest; and members of the immediate families (parent, child, sibling and spouse and their respective spouses, regardless of where they reside) or those living in the same households, whether or not related, of any of the above are prohibited from entering the Contest. Contest is subject to all applicable federal, state and local laws. Void where prohibited by law.
   
   
3. HOW TO ENTER: Create a video poem for Sheetz coffee that is a maximum of thirty (30) seconds in length (“Video,” “Entry” or “Submission”). Enter your Video in the Contest during the Contest Period by following the three-step entry process outlined below.
   
   IMPORTANT: You must complete all of the following steps in order to ensure your Video is submitted into the Contest:
   • Video Upload: Upload your Video on www.YouTube.com. To upload the Video, you must have a valid YouTube account and agree to the YouTube Terms of Use, located at , and the YouTube Privacy Policy, located at , in order to be eligible to enter. Registration on YouTube must be completed before a Video can be submitted. Creating a YouTube account is free. Upon completion for the upload, you should obtain two pieces of information that will be needed to proceed to Step 2 of the Contest entry process:
• YouTube Username
• Video URL
• Registration: After uploading your Video on YouTube, proceed to the Sheetz Poet Contest Web Site (www.SheetzPoet.com) (“Web Site”) to register your Video for the Contest. Once on the Web Site, you will be required to acknowledge that you have read and agreed to these Official Rules and the policies and terms and conditions for the YouTube web site. Once you have accepted the Official Rules and YouTube terms and conditions, click on the “Submit Your Video” link and enter the requested information. Complete the step by clicking “Register Your Submission” button. If you do not complete this registration step, your Video will not be submitted for review and possible inclusion into the Contest even though your Video may be posted on YouTube. Registration must be completed by 11:59:59 p.m. ET on June 25, 2008, or your Video will not be submitted into the review process for the Contest.
• Confirmation of Entry: Once you click the “Register Your Submission” button, you should see a “Thank You” page on your internet browser. This Thank You page confirms that your Video has been received and submitted into a review process. In the event you do not receive a Thank You page, attempt to register again, or email moderator@sheetzpoet.com. Your Video will be reviewed to ensure that your Submission complies with these Official Rules. Please note that while your Submission is undergoing review, it is not yet considered a valid Entry into the Contest.
  
  Once your Video is reviewed, you will receive a Confirmation Email at the email address you supplied on the registration form. If your Video complies with these Official Rules, the Confirmation Email will state that your Submission has been accepted as an Approved Entry in the Contest. If your Video is not accepted as an Approved Entry, the Confirmation Email will detail the reasons why your Video was declined.

Submissions that do not include all required information and do not adhere to these Official Rules will be void and will not be considered in the judging of this Contest. The same Video may not be registered for the Contest more than once.

4. CONDITIONS OF ENTRY: As a condition of entry into this Contest, and by uploading and entering a Submission, Entrant (as defined below) warrants and represents that the Submission:
   • is original and has been legally created;
   • does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party;
   • has not been entered in previous contests;
   • has not been published or distributed previously in any media;
   • is not sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic;
   • does not promote alcohol illegal drugs, tobacco, firearms/weapons (or the use of the foregoing) any activities that may appear unsafe or dangerous, or any particular political agenda or message
   • is not obscene or offensive, endorse any form of hate or hate group;
   • does not defame, misrepresent or contain disparaging remarks about other people or companies;
   • does not contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind (except for Sheetz), or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
   • does not contain copyrighted materials owned by others (including music, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media);
   • does not contain materials embodying the names, likenesses, voices or other indicia identifying any other person, living or dead, unless you have express permission from that person to use their likeness and performance in connection with this Contest;
   • does not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
   • does not contain any persons that are signatories to any guild or union agreements (e.g., members of the Screen Actors Guild);
   • does not violate any law; and
   •  is in English.
    

Entrant represents that he/she owns all rights to his/her Submission, including, without limitation, the copyrights in the recording and the performance contained therein. Entrant further represents and warrants that he/she has obtained permission from each person whose name, image, likeness and/or voice (“Likeness”) is included in the Submission, and that such person(s) have granted Entrant all necessary rights to use the person’s Likeness as described in these Official Rules, and that Entrant can make written copies of such permissions available to the Sponsor upon request. If the Likeness of a minor is included, such grant of rights must include written permission from the minor’s parent or legal guardian authorizing the use of the minor’s likeness on behalf of the minor. Sponsor’s determination as to whether the Submission potentially violates the rights of any third party is final.

By submitting a Submission, Entrant hereby grants to Sponsor permission for his/her Submission to be posted on the Web Site in perpetuity throughout the world for viewing by visitors to the Web Site and otherwise used in accordance with these Official Rules, without compensation of any kind to Entrant or any third party. Sponsor is not responsible for any unauthorized third party use of any Submission. Sponsor does not guarantee the posting of any Submission.

By uploading and submitting a Submission, Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to: (i) 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 the number of times used), the Entrant’s Submission, including, but not limited to, the recording and the performances contained therein (in each case, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion), (ii) to use Entrant’s name, likeness, photograph (collectively, “Likeness”), and/or statements regarding his/her participation in this Contest (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, and (iii) Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor’s use of the Submission, and agrees not to sue or assert any claim against the  Sponsor for the use of the Submission or Entrant’s Likeness or statements.

Entrant agrees to indemnify and hold Sponsor, Google, Inc., YouTube, LLC and each of their respective parents, subsidiaries, affiliated companies, distributors, sales representatives, advertising and promotion agencies, and each of their respective officers, directors, agents, co-branders or other partners, and any of the employees (collectively, the “Indemnities”), harmless from any and all claims, damages, expenses, costs (including attorney’s fees) and liabilities (including settlements), brought or asserted by Entrant or any third party against any of the Indemnities due to or arising out of the Entrant’s Submission, or the Entrant’s conduct in creating a Submission or otherwise in connection with this Contest, including but not limited to, claims for trademark infringement, copyright infringement; violation of an individuals right of publicity or right of privacy; or defamation. Entrant further agrees to release 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 Submission.

5. SUBMISSION FORMAT AND CONTENT REQUIREMENTS:
   
   
   • Creative Assignment:
     Create a poem about Sheetz coffeehouse coffee.
     
     About Sheetz Coffee:
     
     Espresso Bar:
     Looking for 5-star coffee and specialty beverages for less bucks? Well, look no further! Sheetz is now proud to offer authentic, hand-made espresso beverages created on traditional Italian espresso machines — made in the store, on the spot. And forget about wading through loads of coffee house jargon, because all Sheetz Bros. Coffeez® are prepared made-to-order using our signature touch screen menu system.
     Sheetz Bros. Coffeez® includes a full-line of latte and mocha beverages (served hot, iced and frozen) as well as frozen, all-natural fruit smoothies, frozen creams and velvety hot chocolates. We use only the best gourmet Monin® Flavored Syrups and delectable Ghirardelli® Chocolates to give you the best experience around!
     
     
   • Judging Criteria: The judging criteria (used to determine the five (5) Semi-Finalists) is as follows:
     • 50%-Relevance to Sheetz Bros. Coffeez®-
• 25%-Creativity
• 25%-Entertainment value (collectively, the “Judging Criteria”)

The panel of judges who will determine the five (5) Semi-Finalists will consist of the Sheetz Bros., the Sheetz Bros. Coffeez® Brand team and associated agencies.

The winner will be determined via a public vote on the Web Site. See “Selection of Winners” section below for further details.

• Technical Requirements: The maximum file size for any video file uploaded to YouTube is 100 MB. Video file(s) submitted to your YouTube account must be provided in one of the following file formats: avi, mov, mpg, or wmv. See the YouTube User Terms of Use for additional details. Be sure to save your Submission in the original format after loading it to YouTube. If you are deemed the winner, you might need to provide Sponsor with your Submission in its original format.
• Additional Requirements: The Video must be a maximum of thirty (30) seconds in length, including any tags, and must be in English. Once you upload and register your Video in the Contest, your Submission is final and may not be modified or edited. No Submissions will be returned. The person named as the registered owner of the YouTube account associated with the Submission and named on the Contest registration form for the Submission must match and that person will be deemed the entrant (“Entrant”). In the event of dispute regarding the identity of the Entrant, dispute will be resolved in favor of the individual who is the “authorized email account holder” of the email address provided when the YouTube user account was created. “Authorized email account holder” is defined as the natural person assigned an email address by an Internet access provider, online service provider, or other organization (i.e., business, education institution) responsible for assigning email address for the domain associated with the submitted email address. If any group of individuals elects to collaborate on a Submission, they are required to designate one (1) representative to enter the Contest and accept the prize on behalf of the group. Neither Sponsor nor any of the Contest Parties are liable for any disputes between collaborators related to a Submission. Please note the following:
  • Submission may not contain or refer to any company/brand logos or food or beverage brands other than Sheetz brands.
  • Any elements in your Submission, including without limitation music, audio, speech/voiceovers, stills, videos, supers, or other audiovisual materials used must be 1) entirely original, created and performed by you, 2) be in the public domain, 3) or be downloaded from the Tools section of the Web Site. Approved music, audio sound effects, graphics and product shots (“Cleared Elements”) are provided by Sponsor for use in your Submission and may not be altered. By downloading and/or use of any of these Cleared Elements you agree to the terms of use for these elements provided on the Tools page (incorporated herein by reference). Use of any elements other than the Cleared Elements, including without limitation music, audio, speech/voiceovers, video, stills, visuals, or other materials that are not original, in the public domain, or downloaded from the Web Site may result in disqualification of Submission, in Sponsor’s sole discretion.
  • All Submissions will be reviewed before being published or judged; however, publication of a Submission does not mean the Submission has been deemed to be in compliance with these Official Rules. Submissions that do not comply with the YouTube Terms of Use or these Official Rules or that otherwise contain prohibited, inappropriate or irrelevant content as determined by the Sponsor, in its sole discretion, will be disqualified.
6. PRIZES:
   One (1) GRAND PRIZE: $5,000 Sheetz Gift Card.
   FOUR (4) RUNNER-UP PRIZES: $250 Sheetz Gift Card.
   Limit one prize per person and per household.
   Total Approximate Retail Value of all prizes: $6,000.00.
   
   Gift Cards are subject to certain terms and conditions as specified by Sheetz. Prizes may not be substituted, transferred or redeemed for cash, except by Sponsor, who reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. All federal, state and local taxes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. All prize details are at the sole discretion of the Sponsor.
   
   
7. SELECTION OF WINNERS:
   
   Round 1: Entries will be judged by a qualified panel of judges (“Judges”) who will evaluate each approved Entry based on the Judging Criteria. Subject to verification of eligibility and compliance with these Official Rules, the top five (5) Entries with the highest scores will be deemed Semi-Finalists. Round 1 judging will be completed on or about July 10, 2008. In the event of a tie, the Semi-finalist(s) will be determined based on highest score for relevance to Sheetz Bros. Coffeez®. In the event of a further tie, the Semi-Finalist(s) will be determined based on highest score for creativity. In the event of a further tie, the Semi-Finalist(s) will be determined based on highest score for entertainment value.  If a tie still exists, the Judges will determine the Semi-Finalist, in their sole and absolute discretion. Round 2: The five (5) Semi-Finalists’ Entries will be posted on the Web Site from  July 11, 2008 at 12:00:01 a.m. ET to July 25, 2008 at 11:59:59 p.m. ET (“Voting Period”). Limit one (1) vote per person and per email address per day. Votes received on any day from any person or email address after the first vote is received from that person or email address on that day will be void. A “Day” is defined as the 24 hours between 12:00:00 a.m. EST and 11:59:59 p.m. EST throughout the Voting Period. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.  At the close of the Voting Period, the Entry that receives the highest number of valid votes, as determined by Sponsor, will be deemed the Grand Prize winner. The remaining Entries will be deemed the Runner-Up winners. In the unlikely event that public voting results in a tie for any prize level, the Entrant from among those tied with the highest score from Round 1 will be declared the winner. Winners are subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules, completion of all required documents (described below), and a personal background check. Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor and judges are final and binding.
   
   
8. GENERAL CONDITIONS: By participating, Entrants agree to be abide by these Official Rules and the decisions of the Sponsor and judges, which shall be final and binding in all matters relating to this Contest. Potential Semi-Finalists will be required to irrevocably assign and transfer to Sponsor any and all rights, title and interest in their Entries including, without limitation, all copyrights, and agree to waive all moral rights in their Entries, including, without limitation, all copyrights, and agree to waive all moral rights in that Entry. Potential Semi-Finalists will also be required to complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release. In addition, Semi-Finalists will be subject to a background check. Semi-Finalists will also be required to obtain and provide signed releases from all identifiable individuals featured in Entries, if any, in a form satisfactory to Sponsor. All completed documents must be returned to Sponsor within five (5) days of the date notice was sent or Semi-Finalist status will be forfeited and a runner-up Semi-Finalist may be selected. Noncompliance with these Official Rules, the inability to contact a Semi-Finalist within a reasonable time period or return of any notification as undeliverable will result in disqualification of a Semi-Finalist and, at Sponsor’s sole discretion, a runner-up Semi-Finalist may be selected. Notification of Semi-Finalist or winners status must be kept confidential until the Entries are publicly revealed by Sponsor. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at is sole discretion to cancel, modify or terminate the Contest and, in the event of cancellation or termination, to select the winners from among all eligible Entries/Videos/Submissions received up to time of such action using the judging procedure outlined above. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest of any Sponsor of YouTube; (b) violating these Official Rules; (c) violating the YouTube Terms of Service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require Grand Prize and/or Runner-Up winners to submit to a confidential background check to confirm eligibility as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Indemnities into public disrepute, contempt, scandal or ridicule or reflect unfavorable on the Contest as determined by Sponsor in its sole discretion.
   
   
9. LIMITATIONS OF LIABILITY RELEASE:  Indemnities are not responsible for late, lost, stolen, undelivered, misdirected, delayed, inaccurate, damaged or garbled Videos/Entries/Submissions/votes. No liability or responsibility is assumed by Indemnities resulting from any user’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Indemnities for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: 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 Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Indemnities are not responsible for any network, mechanical, technical, human, printing or typographical errors or for other errors or difficulties, including but not limited to, the administration of the Contest, the processing of Entries/Videos/Submissions, the announcement of prizes or in any other Contest-related materials. Indemnities are also not responsible for any errors in these Official Rules, or for any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user's own risk. Indemnities are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases Indemnities from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Contest. By accepting a prize in the Contest, winners agree that the Indemnities shall not be liable for any loss, damage or injury resulting directly or indirectly, in whole or in part, from participation in the Contest or acceptance or use/misuse of any prize. Indemnities are not liable in the event that any portion of the Contest or scheduled commercial broadcast is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition (a "Force Majeure Event"). Should a Force Majeure Event occur, Sponsor may, but is not obligated to, exercise commercially reasonable efforts to air the Grand Prize and Runner-Up Prize winning commercials at another time or make a reasonable substitution in its sole discretion.
   
   
10. SPONSOR: Sheetz®, Inc.  5700 Sixth Avenue, Altoona, PA 16602.
    
    
11. WINNERS’ LIST: The winner’s names will be posted at www.SheetzPoet.com on or about July 28, 2008 through August 31, 2008