Federal-Mogul Motorparts #PartsMatter Sweepstakes and Contest ("Promotion")
2016 OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR THE UNITED STATES, DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC). DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES OR CANADA (EXCLUDING QUEBEC) AT THE TIME OF ENTRY. VOID IN QUEBEC AND WHERE PROHIBITED. Subject to all applicable federal, state, PROVINCIAL, and local laws and regulations.
1. ELIGIBILITY: Open to legal residents of the 50 United States, the District of Columbia, and Canada (excluding Quebec) who are 16 years of age or older. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of Federal-Mogul Motorparts Corporation ("Sponsor"), its parent, subsidiary, and affiliated companies, and the web design, advertising, fulfillment, legal, judging, administrative, and promotion agencies involved in the administration, development, fulfillment, and execution of this Promotion (collectively, "Promotion Parties"), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion).
2. promotion PERIOD: The Promotion begins on May 9, 2016 at 12:00:01 a.m. Eastern Time ("ET") and ends on November 20, 2016 at 11:59:59 p.m. ET (the "Promotion Period"). The website, www.PartsMatter.com/Sweepstakes, ("Website") server is the official clock for this Promotion.
3. TO ENTER: The Promotion consists of a contest and a sweepstakes. There are two methods of entry for this Promotion.
To Enter via Facebook, Twitter or Instagram: Take a photo of your auto part failure or car problem (each a "Photo" as applicable) or write a unique short story, no more than 140 characters in length explaining your auto part fail or car problem (a "Story").Then log into your Facebook account (www.facebook.com), Twitter account (www.twitter.com) or Instagram account (www.instagram.com) (each also a "Website"), (or create a free account on one of these Websites if you don’t already have one), and upload your Photo (with a short description or caption explaining your entry) and/or unique story with the hashtags #PartsMatter and #Entry during the Promotion Period to receive one (1) entry into the sweepstakes for the corresponding Sweepstakes Drawing Period (as defined below) and one (1) entry into the corresponding Contest Entry Period (as defined below) (an "Entry").
To Enter via the Website: Go online to www.PartsMatter.com/Sweepstakes (also the "Website") during the Promotion Period and follow the on-screen directions to complete the entry form and upload your Photo (with a short description or caption explaining your entry) or your Story with the #PartsMatter #Entry hashtags and submit it to receive one (1) entry into the Sweepstakes for the corresponding Sweepstakes Drawing Period (as defined below) and one (1) entry into the corresponding Contest Entry Period (as defined below) (also an "Entry"). For your Entry to be valid, you must complete all required information.
Standard data rates may apply if you access a Website from your mobile device, and you are solely responsible for any such charges.
For your Entry to be valid, you must include all required hashtags and your description must be in English. Do not show trademarks, logos, or brands of auto parts or cars in your Entry. Entries that exceed the above word limit or the character limit on the corresponding Website are ineligible and will not be considered.
Restrictions: Limit one (1) Entry per person/email address per day, regardless of method of entry. Each Entry must be unique and duplicate submissions will be denied. Automated means of participation are prohibited and any use of automated devices will cause disqualification. Entrants may not use any other device or artifice to enter multiple times above the stated limit or as multiple entrants. Any entrant who attempts to enter with multiple email addresses or via multiple Websites above the stated limit, or who uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's sole discretion. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. Submissions from the previous 2015 contest will not be accepted.
All Entries will be reviewed for content eligibility and compliance with these Official Rules before judging occurs. Entries must be the original work of the entrant; may not have won previous awards during the 2015 sweepstakes and contest; may not have been used publicly previously by the entrant or any third party; must not infringe on any third party’s rights; must be suitable for publication (i.e., may not be obscene or indecent); must not contain obscene or pornographic material; may not contain defamatory statements; may not invade privacy, publicity, or other rights of any person, firm or entity; may not in any other way violate applicable laws and regulations; may not contain any reference to any third party trademarks, names, or third party logos; and may not contain any copyrighted works owned by third parties. Entries that are deemed by the Sponsor, in its sole discretion, to be in violation of these Official Rules or applicable social media platform guidelines or to be otherwise infringing, harmful, inappropriate, defamatory, or generally not in keeping with the image of Sponsor, may be rejected and will not be eligible to participate in the Promotion and may be removed from the Website(s). Entrant acknowledges and agrees that such decisions of Sponsor are final and binding. Submission of an Entry grants Sponsor and its agents the unconditional, irrevocable, worldwide right and license to publish, use, adapt, edit, and/or modify the Entry in any way, including each component of the Entry, together or separately, in whole or in part, in any and all media, without limitation, and without compensation or consideration to the entrant, whether or not such Entry is selected as a winning Entry. BY SUBMITTING AN ENTRY, EACH ENTRANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE, AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDE, IRREVOCABLE, AND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, EDIT, AND/OR MODIFY SUCH ENTRY IN ANY WAY AND POST THE ORIGINAL ENTRY ON THE INTERNET OR USE THE ENTRY IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S SOLE DISCRETION. Sponsor reserves the right to, and may or may not monitor/screen Entries prior to posting them on the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit.
4. SWEEPSTAKES DRAWING PERIODS AND ODDS OF WINNING: Three (3) Sweepstakes Prize winners will be randomly selected in each of twenty-eight (28) drawings from all eligible Entries received for the corresponding Drawing Period (as defined below) (and all previous Drawing Periods) on or about the Drawing Date (per chart below). Odds of winning a Sweepstakes Prize depend on the number of eligible Entries received during the corresponding Drawing Period (and all previous Drawing Periods). Non-winning Entries will be carried over into subsequent Drawing Period drawings. If you win a Sweepstakes Prize, you are still eligible to win the Contest Grand Prize. Sweepstakes Prize winner notification will be made the next business day after the Drawing Date, on or before 5:00 PM ET.
|Drawing Period||Start Date/Time (12:00:01 a.m. ET)||End Date/Time (11:59:59 p.m. ET)||Drawing Date (on or about)|
|1||May 9, 2016||May 15, 2016||May 17, 2016|
|2||May 16, 2016||May 22, 2016||May 24, 2016|
|3||May 23, 2016||May 29, 2016||June 1, 2016|
|4||May 30, 2016||June 5, 2016||June 8, 2016|
|5||June 6, 2016||June 12, 2016||June 14, 2016|
|6||June 13, 2016||June 19, 2016||June 21, 2016|
|7||June 20, 2016||June 26, 2016||June 28, 2016|
|8||June 27, 2016||July 3, 2016||July 6, 2016|
|9||July 4, 2016||July 10, 2016||July 12, 2016|
|10||July 11, 2016||July 17, 2016||July 19, 2016|
|11||July 18, 2016||July 24, 2016||July 26, 2016|
|12||July 25, 2016||July 31, 2016||August 2, 2016|
|13||August 1, 2016||August 7, 2016||August 9, 2016|
|14||August 8, 2016||August 14, 2016||August 16, 2016|
|15||August 15, 2016||August 21, 2016||August 23, 2016|
|16||August 22, 2016||August 28, 2016||August 30, 2016|
|17||August 29, 2016||September 4, 2016||September 7, 2016|
|18||September 5, 2016||September 11, 2016||September 13, 2016|
|19||September 12, 2016||September 18, 2016||September 20, 2016|
|20||September 19, 2016||September 25, 2016||September 27, 2016|
|21||September 26, 2016||October 2, 2016||October 4, 2016|
|22||October 3, 2016||October 9, 2016||October 11, 2016|
|23||October 10, 2016||October 16, 2016||October 18, 2016|
|24||October 17, 2016||October 23, 2016||October 25, 2016|
|25||October 24, 2016||October 30, 2016||November 1, 2016|
|26||October 31, 2016||November 6, 2016||November 8, 2016|
|27||November 7, 2016||November 13, 2016||November 15, 2016|
|28||November 14, 2016||November 20, 2016||November 22, 2016|
Drawings will be conducted by a third party promotion administrator, in Elmhurst, Illinois, U.S.A., whose decisions shall be final and binding on all matters relating to the Sweepstakes. Upon notification, if the potential Sweepstakes Prize winner is a Canadian resident, the selected entrant must, unaided, correctly answer a time-limited mathematical skill-testing question. In the event that the selected entrant is unable to correctly answer the skill-testing question, the Sponsor shall have the right to randomly draw another eligible entrant, and the Sponsor shall be fully and completely released and discharged from any liability in this regard.
5. CONTEST WINNER SELECTION: Each eligible Entry will be reviewed by a panel of judges appointed by the Sponsor, based on the following equally-weighted criteria:
- Relevance to contest theme
Each Entry will be assigned a score based on the above judging criteria. The one (1) Photo Entry with the highest total score for the corresponding Contest Entry Period and the one (1) Story Entry with the highest total score for the corresponding Contest Entry Period (as outlined below) will be the potential Contest Grand Prize winners. All non-winning Entries for the Contest Entry Period will roll over to subsequent Contest Entry Periods.
In the event of a tie for the highest total score, the tied Entries will be re-judged by a new member of the judging panel based on the above judging criteria, and the Entry with the new highest total score will be declared the Contest Grand Prize winner for the corresponding Contest Entry Period. The contest judges will have the sole right to decide all matters and disputes arising from this contest, and their decisions with respect to the contest shall be final and binding in all respects. Contest Grand Prize winner notification will be made the next business day after the Selection Date, on or before 5:00 PM ET.
|Contest Entry Period||Start Date/Time (12:00:01 a.m. ET)||End Date/Time (11:59:59 p.m. ET)||Selection Date (on or about)|
|1||May 9, 2016||May 31, 2016||June 3, 2016|
|2||June 1, 2016||June 30, 2016||July 5, 2016|
|3||July 1, 2016||July 31, 2016||August 3, 2016|
|4||August 1, 2016||August 31, 2016||September 6, 2016|
|5||September 1, 2016||September 30, 2016||October 5, 2016|
|6||October 1, 2016||October 31, 2016||November 3, 2016|
|7||November 1, 2016||November 20, 2016||November 22, 2016|
EIGHTY FOUR (84) PRIZES (THREE (3) PER DRAWING PERIOD): a $100.00 USD Visa® Prepaid Card.
CONTEST GRAND PRIZES:
FOURTEEN (14) CONTEST GRAND PRIZES (TWO (2) PER CONTEST ENTRY PERIOD): a $500.00 USD Visa® Prepaid Card.
TOTAL VALUE OF ALL PRIZES: $15,400.00 USD
Visa is a trademark of Visa USA, Inc. This promotion is not sponsored, endorsed or administered by Visa USA, Inc.
7. PRIZE RESTRICTIONS: Limit one (1) Sweepstakes Prize and one (1) Contest Grand Prize per person/household. Prepaid cards are subject to the terms and conditions of the issuer. Prizes are non-transferable and no prize substitution permitted, except at the sole discretion of the Sponsor. If a prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or greater value.
8. WINNER NOTIFICATION AND PRIZE CLAIM: Winners are subject to verification, including verification of age.
Winners of both a Sweepstakes Prize and a Contest Grand Prize (or such winner’s parent/legal guardian if such winner is a minor in his/her state/province of residence) will be required to complete, sign and return a Declaration/Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within seven (7) days of attempted notification or prizes may be forfeited. Such winners will be required to fill out a W9 or W8BEN form before the prizes will be awarded for tax reporting purposes.
Winners who are U.S. residents will receive an IRS 1099 Miscellaneous Income Tax Form in January of the year following receipt of your prize showing the prize value (as stated in these Official Rules) as additional income for the year in which you received your prize. Winners who are Canadian residents will be awarded the prize as a cash equivalent. The cash equivalent will be less the applicable U.S. income tax (30% of the ARV), which Sponsor (or its designated agent) will remit to the U.S. IRS, in compliance with U.S. tax law. The Canadian winner will receive an IRS 1042S Foreign Person’s U.S. Source Income Subject to Withholding Form for your tax records, showing the prize value (as stated in these Official Rules) and the deductions taken.
Prizes will only be awarded to an address within the United States or Canada (excluding Quebec). Sweepstakes Prizes will be mailed to the address provided at time of verification within 4-6 weeks after verification and the end of the Promotion Period. The Contest Grand Prizes will be mailed to the addresses provided at the time of verification within 4-6 weeks after the winners have been verified. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name may have been publicly announced. All winners are solely responsible for any federal, state, local, or provincial taxes on the prize. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Sponsor has no obligation to post any information regarding the award of prizes on the Website(s) or elsewhere or to give out such information by telephone, fax, mail, email or by any other means of communication, but may do so it its sole discretion.
9. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Promotion is not capable of running as planned for any reason, including without limitation, due to 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 Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Promotion. If, in Sponsor’s sole discretion, any portion of the Promotion is not capable of running as planned for any reason, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Promotion without notice and, if terminated, at its sole discretion, select winner(s) for the affected Drawings and/or Contest Entry Periods from among all non-suspect, eligible Entries received prior to cancellation for such Drawings and/or Contest Entry Periods or as otherwise deemed fair and appropriate by Sponsor. In the event that an Entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another Entry into the Promotion.
10. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Promotion Parties, (collectively, "Releasees") resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in the Promotion. No responsibility or liability is assumed by the Releasees for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Promotion: 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 to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of a Website in whole or in part for any reason; traffic congestion on the Internet or a Website; unauthorized human or non-human intervention in the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Promotion. 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 promotional materials or on a Website. Use of Websites is at user’s own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Promotion, use of a Website or the download of any information from a Website, or any other loss related to user’s participation in the Promotion or receipt of any prize. As a condition of entering, entrants agree to release the Releasees from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Promotion and the awarding, receipt, possession, and/or use or misuse of any prize.
11. BINDING ARBITRATION: These Official Rules, the Promotion and any cause of action arising from the Promotion shall be governed by and construed in accordance with the laws of the State of Michigan, U.S.A. (exclusive of its choice of law provisions). Any controversy or claim arising out of or relating to these Official Rules or the Promotion shall be settled by final and binding arbitration in accordance with the rules of and shall be administered by the American Arbitration Association before a single arbitrator, with the proceedings to be held in Southfield, Michigan, U.S.A. and, in the case of any appeal permitted under those rules, exclusive jurisdiction and venue will rest with the federal and state courts in the State of Michigan, U.S.A, and County of Oakland. Each party shall bear his/her own legal expenses in such arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS PROMOTION, EACH ENTRANT (AND PARENT/LEGAL GUARDIAN IF ENTRANT IS AN ELIGIBLE MINOR) AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
12. PUBLICITY: Except in Tennessee, U.S.A., and where prohibited by law, by accepting a prize, winners (or winners’ parent/legal guardian, if winner is a minor) grant permission for Sponsor and those acting under its authority to use their name, and address (city and state/province), photograph, voice, image and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on a Website) now known or hereinafter invented without territorial or time limitations and without further notice and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winners’ list.
13. GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A. without giving effect to any choice of law or conflict of law rules thereof. By entering, you consent to the jurisdiction and venue of the federal, state and local courts located in Southfield, Michigan, U.S.A. for the resolution of any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules, and agree that any and all such disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
14. WINNERS LIST: For a list of winners, send an e-mail request to firstname.lastname@example.org. Winners list will be available 30 days after all winners are deemed official, which is on or about 12/20/16.
SPONSOR: Federal-Mogul Motorparts Corporation, 27300 W 11 Mile Road, Southfield, Michigan 48034.