MY 76 VIDEO CONTEST SUBMISSION GUIDELINES AND TERMS OF USE AGREEMENT

PLEASE READ THIS SUBMISSION GUIDELINES AND TERMS OF USE AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE.

ConocoPhillips Company (“Sponsor”), through its representative, operates this web site (the "Web site ") for the sole purpose of facilitating the “My 76 Video” Contest (the “Contest”).  The Submission Guidelines and Terms of Use identified herein (collectively referred to as the “Terms”) may be modified or altered, without notice to you at any time, at Sponsor’s sole discretion. You should check these Terms periodically for changes.

1. ACCEPTANCE REQUIRED FOR PARTICIPATION
AFTER READING THE TERMS CAREFULLY, IF YOU DECIDE TO PARTICIPATE IN THE CONTEST AS AN ENTRANT OR AN ONLINE VOTER OF A CONTEST VIDEO SUBMISSION AND YOU AGREE TO BE BOUND BY THE TERMS, YOU WILL BE PROMPTED TO CLICK THE “I ACCEPT” BUTTON IDENTIFIED ON THE WEBSITE.  BY CLICKING  THE “I ACCEPT” BUTTON, YOU WILL HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT BETWEEN YOU ON BEHALF OF YOURSELF AND ALL INDIVIDUAL GROUP MEMBERS, IF APPLICABLE, THAT YOU ARE REPRESENTING (COLLECTIVELY, “YOU” OR “YOUR”) AND SPONSOR, WHEREBY YOU WILL HAVE ACKNOWLEDGED THAT YOU HAVE READ THE TERMS AND THE OFFICIAL RULES, AGREED TO BE BOUND BY THE TERMS AND THE OFFICIAL RULES, AS MODIFIED FROM TIME TO TIME, AND YOU WILL HAVE CONSENTED TO ELECTRONICALLY ENTERING  INTO THIS AGREEMENT.  (AS USED WITHIN THIS AGREEMENT, “YOU” AND “YOUR” APPLY TO BOTH GROUP AND INDIVIDUAL PARTICIPANTS IN THE CONTEST.)
YOU MUST CLICK THE “I ACCEPT” BUTTON PRIOR TO (1) UPLOADING ANY VIDEO (DEFINED BELWO) TO THIS WEBSITE AND (2) PRIOR TO VOTING ONLINE ON ANY CONTEST VIDEO SUBMISSION.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, PLEASE EXIT THIS WEBSITE.  YOU WILL NOT BE ABLE TO PARTICIPATE IN THE CONTEST.

2. SUBMISSION GUIDELINES

a) Registration.     You must register by completing the online registration form. You must be at least 18 years or older by June 24, 2007 in order to participate in the Contest. You will be asked to confirm your date of birth electronically before you are permitted to register for participation in the Contest, and you may be asked to provide documentation confirming the birth date you input. If you submit inaccurate information, your entry may be disqualified by Sponsor, at its sole option. Personal information submitted during the registration, including your name, birth date, address, telephone number and e-mail address will be used by Sponsor and other affiliates of the Contest to communicate with you during the Contest. If your Video is selected, we may continue to contact you regarding future advertising information.  

b) Video Submission. After you complete the registration form, you may upload your Video (defined below) submission. You may upload up to five (5) Video submissions.  Each time you upload your Video to this Web site, you are confirming your intent to be bound by the Terms.  “Video” means any and all materials you submit to Sponsor through this Web site, including without limitation, any audio/visual works, video clips, music, sound recordings, photographs, artwork, graphics, documentation, or any similar materials or derivatives thereof in any usable broadcast or medium. The Submission Guidelines Web page, incorporated herein by this reference, and the Official Rules for the Contest, incorporated herein by this reference, describes the criteria and procedures for uploading videos, including the technical specifications required for all videos.

c) Assignment of all Rights in all Video Submissions to Sponsor.   You hereby assign to Sponsor all of your rights, title and interest in the Video and Content (including all copyright and any other intellectual property rights therein) as a condition of competing for a prize in this Contest. Should a third party have an any interest, rights or title in the Video or Content you agree to secure that third party’s assignment of all of its rights, title and interest in the Video and Content.  This assignment granted by you to Sponsor is irrevocable and perpetual, and may not be terminated for any reason.  Without limiting the forgoing, you agree that Sponsor may adapt, utilize, change, modify, display, exhibit, creative derivative works, broadcast, change the media, copy, distribute, or sell the Video and Content.  In relation to the Video and Content, You agree that Sponsor may use your name, and image without compensation to you.   At any time, you may be asked by Sponsor to sign a Release of Liability and Assignment of Rights Agreement or perform such other acts at the reasonable request and expense of Sponsor to effect the transfer of any intellectual property rights you or other might otherwise retain in the Video or Content to Sponsor.  Notwithstanding the foregoing, entrant may use his submissions at any time for the sole purposes of satisfying any school work and to show as a work product sample.

d) Content Restrictions. “Content” means any and all subject matter contained in the videos.  Your Video and Content may not (i) contain any information that is discriminatory, obscene, pornographic, defamatory, libelous, or displays the use of drugs, tobacco or alcohol; (ii) violate any civil or criminal laws, infringe upon the intellectual property rights of other; or (iii) disparage or negatively comment upon Sponsor or a 76-branded retail station.  The Video and Content must be suitable for viewing by the general public. 

e) Violations of Rules  Sponsor has sole discretion to remove or withdraw your Video and Content, and disqualify you without notification to you if it determines You have failed to comply with any provisions of the Agreement.   If you violate any part of this Agreement, your permission to use Sponsor Materials for the limited purpose set forth herein shall be automatically terminated and you agree to destroy any and all copies or derivatives you have made of or from the Sponsor Materials. In addition, Sponsor may terminate your registration and disqualify your entry or entries and/or take any other legally permissible action to prevent or remedy any injury that could be or has been caused by such violations.

3. ONLINE VOTING
From September 28, 2007 through October 26, 2007 (“Voting Period”) viewers of Video submissions pursuant to this Contest may vote for their favorite video by registering at www.my76video.com, logging into the web site and casting their vote for their favorite Video (see Official Rules for more details on Online Voting).

4. SPONSOR’S MATERIALS
Sponsor is not granting you a license to use the Sponsor’s trademarks, copyrights or other intellectual property contained on the web site, except that Sponsor will allow you to include photographs and images related to Sponsor and its products and services in your video solely as necessary for you to tell your ”My 76 Video” story for purposes of registering in the Contest and for no other purpose. The permission granted herein is for the limited purpose of participating in the Contest.  You shall have no other permission or rights to use Sponsor’s intellectual property.

5. TERMINATION OF CONTEST OR WITHDRAWAL FROM CONTEST
Sponsor may terminate the Contest, at it sole option, without further obligations or penalties. Sponsor may also terminate your use of this Web site and participation in the Contest at any time and for any reason, including without limitation, if Sponsor believes you have violated or acted inconsistently with the letter or spirit of the Terms of this Agreement, or if you are in breach of the Terms of this Agreement, without notice to you and without any liability or further obligation of any kind whatsoever to you or any other person or entity. You may withdraw your registration from the Contest by completing the Contact Us form. The form is located at www.my76video.com, and select “Remove Video from Contest” from the drop-down menu.

If Sponsor terminates the Contest in its entirety, your participation shall automatically be terminated, which shall end on the date specified on the Registration Web Page or earlier as determined at Sponsor’s sole option. You agree that Sponsor shall maintain all rights, title and interest, including all intellectual property rights, related to your Video submission if Sponsor terminates this Contest, in whole or in part, as to your participation, or you withdraw your participation in the Contest. Sponsor maintains the right  to use some or all of your Video at anytime and for any purpose.
Upon your withdrawal of your participation of the Contest or termination of the Contest as a whole or as to your participation, (i) All copies of Sponsor Materials shall be immediately destroyed, whether in printed or software format, upon the termination of the Contest. This provision shall survive the termination of this Agreement.

6. QUESTIONS AND COMMENTS REGARDING THE CONTEST
You may submit your questions or comments regarding the Contest by completing the Contact Us form. The form is located at www.my76video.com. Please include your name and e-mail address as well as any questions and comments.

7. INDEMNIFICATION
You acknowledge and hereby agree to release, indemnify, defend and hold harmless Sponsor, its representatives, agents, officers, directors and employees (collectively referred to as “Releases”) from any claims, damages, costs or expenses (including reasonable attorney’s fees) arising as a result of (i) your failure to comply with the Terms; (ii) any third party claims arising from, related to or caused by your Video submission and your participation in this Contest, (iii) any claims related to, including but not limited to, defamation, libel, slander, invasion of privacy, right of publicity, emotional distress and economic loss related to or arising out of your Video submission(s); (iv) your acceptance, possession, use or misuse of a prize and (v) your use of this Web site. You further agree to release and forever discharge Releases from any and all losses, expenses, claims, damages, compensation, or prize award resulting from Sponsor’s termination of the Contest.

8. MISCELLANEOUS WEBSITE PROVISIONS

a) INTELLECTUAL PROPERTY RIGHTS
As between Sponsor and you, Sponsor is the sole owner of all content on the Web site including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations and arrangements), and other intellectual property rights thereto. Except as otherwise provided in these Terms, you may not download or save a copy of the Web site or any portion thereof, for any purpose.  Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Web site solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices or other legends that appear on the copied screens remain on, and are not removed from, the printed or stored images of any such screens. All title and intellectual property rights in and to the content of the Linked Sites (as defined below) are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act): The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is the Sponsor‘s Webmaster.

b) RESTRICTIONS ON USE OF MATERIAL OR LINKING TO THIS SITE
The content on this Web site is intended for use for participation in the Contest. These Web pages or any portions thereof may not be framed, reproduced or redistributed for commercial gain or any other purpose. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt, create derivative works from, or in any way exploit the content of the Web site Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, copy, display or commercially exploit any material from the Web site If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Web site Moreover, any Sponsor, affiliate or third party corporate names and logos may not be altered or used without specific, prior written permission. If you choose to link to Sponsor through any mechanism, you are permitted to link only through a plain-text link to this Web page. For any other type of link to the Web site, you must first request Sponsor to grant permission for such type. Sponsor may grant such permission in its sole discretion. You are not permitted to use any link other than a plain-text link, nor to link to any other Sponsor Web pages without obtaining our prior written consent or authorization. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Sponsor Web site, at our sole discretion, at any time. Any unauthorized deep linking to our Web sites shall operate to void any and all rights permitted under this Agreement and may subject you to legal action and liability under all applicable laws.

To seek our permission, please contact the Sponsor’s Webmaster.

c) DISCLAIMER OF WARRANTIES
THE CONTEST, THIS WEBSITE AND ANY PRODUCTS, MATERIALS OR SERVICES ASSOCIATED WITH THIS CONTEST AND/OR WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, CONOCOPHILLIPS COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT OF THE WEBSITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORD, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. CONOCOPHILLIPS COMPANY DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE IS DONE AT YOUR OWN RISK.

d) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SPONSOR, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR BUSINESS ASSOCIATES BE LIABLE TO ANY PARTY FOR: (i) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS PROFITS, LOSS OF PROGRAMS OR LOSS OF INFORMATION, COMPUTER VIRUS, LINE FAILURE) OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE MATERIALS IN THIS WEBSITE OR ANY OTHER SPONSOR WEBSITE, EVEN IF SPONSOR OR A SPONSOR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SPONSOR'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL SPONSOR'S TOTAL LIABILITY TO YOU HEREIN, FOR ANY CLAIM OR ACTION ARISING FROM THIS AGREEMENT, USE OF THE WEBSITE, ITS CONTENT, YOUR PARTICIPATION IN THE CONTEST (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEBSITE RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

e)THIRD-PARTY LINKS
You may not be able to link to third party web sites ("Linked Sites").  In no event shall Sponsor be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through such Linked Sites.

f) APPLICABLE LAWS/JURISDICTION
By accessing or visiting our Web sites, you expressly agree that the laws of the State of Texas, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Web site may be subject to other local, state, national and international laws. You expressly agree that exclusive jurisdiction for any claim, dispute or cause of action with Sponsor, or relating in any way to your use of the Web site, resides in the courts of the State of Texas, with venue residing solely in the United States District Court for the Southern District of the State of Texas or a similar Texas state court within Harris County, Texas. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute and including any claim involving Sponsor or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

By accessing or visiting our Web sites, you expressly waive any and all rights, including those related to privacy, to the extent such rights are different and/or in conflict with those rights protected by federal or Texas laws.
Except as specifically noted above, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within this Web site


g) E-SIGN ACT PROVISIONS
By participating in this Contest, you agreed electronically to be bound by the Terms, which in part, governs your use of the Web site You, however, are not required to enter future agreements solely in electronic form. Your consent may be withdrawn at any time by contacting Sponsor’s Webmaster.  No fees or other penalties will take effect solely as a result of your decision to withdraw your consent to an electronic agreement.


h) NOTICES All notices and other communications to you shall be made via electronic communication, regular mail or telephone. Sponsor may, at its sole option, provide notice of any changes to the Terms through its Web site i) NO WAIVER Any Terms may be waived at any time in writing executed by the party or parties for whose benefit such terms exist.  The failure to enforce any Terms shall not constitute a waiver of any Term hereof.  No waiver in any one or more instances shall be deemed to be a further or continuing waiver of any other condition or any breach of any other Terms.

j) ENTIRE AGREEMENT, SEVERABILITY

The Terms, which may be updated from time to time, and any other agreements referenced and incorporated herein, comprise the entire agreement between Sponsor and you with respect to the subject matter hereof. The unenforceability, in whole or in part, of any Term or condition herein shall not affect the enforceability of any other Terms or conditions herein.

k) PRIVACY PLEDGE
Sponsor is committed to honoring the privacy and security of visitors to Web sites owned and operated by Sponsor or its affiliates. We collect information to process your transactions and to help us provide a better level of service. We do not sell your information to anyone. We strive to protect the security and confidentiality of the information we collect. We urge you to read the following sections.

PERSONALLY IDENTIFIABLE INFORMATION
When you submit a request or electronically pass information to Sponsor, you are sometimes asked to provide certain information, including, but not limited to, your name, address, date of birth and e-mail address. We do not sell, trade or rent your personally identifiable information with any third parties outside of Sponsor. However, Sponsor may provide your personally identifiable information to a third party that provides services to Sponsor, its affiliates or subsidiaries. Because we rely on third party commercial software and programs to operate our servers, we may inadvertently collect personal information due to certain automatic functions or features contained in such software or due to certain software changes or upgrades. We will use reasonable efforts to remove any such information after we discover such information in our system.

COOKIES
"Cookies" are pieces of information that are stored by your browser on your computer's hard drive to enable you to more easily communicate and interact with a Web site We may use cookies to allow you to use our site more easily and to allow us to keep track of certain statistical information that helps us improve our site. Most browsers are initially set to accept cookies. You may, however, disallow reception of cookies at any time by resetting your Web browser. Sponsor will never use cookies to retrieve information from a computer that is unrelated to the Web site or your interaction with the Web site Our cookies do not contain personally identifiable information.

INTERNET PROTOCOL ADDRESS
We may use your Internet Protocol address to help diagnose problems with our server and to administer the Web site Your Internet Protocol address is used to help identify you for the duration of a session and to gather broad demographic information. This information will not be sold to any third party.

CLICK STREAM DATA
As you browse the Internet, a trail of electronic information is left at each Web site you visit. This information, which is sometimes called "click stream" data, can be collected and stored by a Web site's server. Click stream data can tell us the type of computer and browsing software you use, the address of the Web site from which you linked to the Web site We may use click stream data to determine how much time visitors spend on each page of the Web site and how they navigate through the Web site We will only use this information to improve the Web site Any collection or use of click stream data will be anonymous and aggregate, and will not contain any personally identifiable information.

CONSENT TO PROCESSING
By providing any information to the Web site, all users fully understand and unambiguously consent to the collection and processing of such information in the United States.

LEGAL DISCLOSURE
Sponsor shall, pursuant to valid legal process, such as a search warrant, subpoena or court order, allow access to information, including personally identifiable information, provided to the Web site in order to comply with such process and to protect our rights and property.

PARENTAL CONSENT
Our Web site may contain pages that are of interest to children under the age of 18, but we do not seek through this site to gather personal information specifically from or about children under 18. Because our software does not automatically distinguish visitors under 18 from other visitors, Sponsor requires users under 18 years of age to obtain the consent of a parent, guardian, teacher or librarian to view the Web site You agree to abide by such restrictions and not to help anyone avoid these restrictions.

CHILDREN
The Web site is not directed nor targeted to children. Sponsor will not knowingly collect information from children. Because our software does not automatically distinguish visitors under 18 from other visitors, Sponsor requires users under 18 years of age to obtain the consent of a parent, guardian, teacher or librarian to view the Web site If Sponsor learns that a child has provided personally identifiable information to the Web site, it will use reasonable efforts to remove such information from its files.

USER'S ACCEPTANCE OF THIS POLICY
By visiting the Web site, you signify your assent to the terms of Sponsor's privacy policy. If you do not agree with the terms of this privacy policy, please do not use the Web site We reserve the right, at our sole discretion, to change, modify, add or remove portions from this privacy policy at any time. Your continued use of the Web site following the posting of changes to these terms means you accept these changes.

l. SPONSOR’S WEBMASTER If you have any questions regarding the Contest, please contact Sponsor’s Webmaster at webmaster@my76video.com.