2018 SEARCH FOR A CHAMPION CONTEST AND SWEEPSTAKES ("PROMOTION")
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER, FEW WILL WIN. 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.
The Promotion consists of a contest for eligible drivers or motorsports racers who drive “On the Track” (collectively, a “Category”); a contest for eligible do-it-your-selfers or vehicle equipment “maintainers” or “enthusiasts” whose equipment is considered “In the Garage” (collectively, also a “Category”) (collectively, the “Contest”); and a sweepstakes for members of the public who submit a valid vote during a Public Voting Period as set forth below (the “Sweepstakes”). Contest open to legal residents of the 50 United States, the District of Columbia, and Canada (excluding Quebec). If a Contest entrant is under the age of 13, parental consent and age verification will be required. The following individuals are not eligible to enter or win a prize in the Promotion: employees, contractors, directors, and officers of Federal-Mogul Motorparts LLC (“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). Void in Quebec and where prohibited.
2. PROMOTION PERIOD/OVERVIEW:
The Promotion begins on November 1, 2017 at 9:01:00 a.m. Eastern Time (“ET”) and ends on March 23, 2018 at 11:59:59 p.m. ET (the “Promotion Period”). See chart below for additional entry periods and dates. The Website (defined below) server is the official clock for this Promotion.
Contest Entry Period
Start Date (at 9:01:00 am ET): November 1, 2017
End Date (at 11:59:59 pm ET): January 3, 2018
Finalist Public Voting Period and Sweepstakes Entry
Start Date (at 9:01:00 am ET): January 5, 2018
End Date (at 11:59:59 pm ET): February 2, 2018
Grand Prize Public Voting Period and Sweepstakes Entry
Start Date (at 9:01:00 am ET): February 23, 2018
End Date (at 11:59:59 pm ET): March 23, 2018
The two (2) Grand Prize winners (one (1) in each Category) will be announced on or about April 4, 2018.
3. TO ENTER THE CONTEST:
During the Contest Entry Period, go online to www.searchforachampion.com (the “Website”) and follow the on-screen directions to select a Category, based on the descriptions of each on the Website, and follow the on-screen instructions to complete the corresponding entry form. All entrants will be required to submit (i) an original photo or photos (no more than four (4) total) (“Photo(s)”) depicting your Category’s type of motor-sport/equipment that is capable of using Champion products (Photos do not have to include Champion products to be eligible), and (ii) an essay of no more than 200 words (“Essay”), that includes a short biography, and details why you think Champion should sponsor you, to receive one (1) entry into Contest (a “Contest Entry”). Entrants will have the option to upload an original video (no more than two (2) minutes in length) (“Video”) (each created by entrant, or filmed by someone who has given entrant permission to submit the Photo or Video) that (a) depicts your racing vehicle or equipment and (b) fits into one of the Categories (also included in the definition of a “Contest Entry”). The person submitting the Contest Entry must be the creator of the Video (or have permission from the videographer), Essay, and/or Photos submitted as part of the Contest Entry. For the Contest Entry to be valid, all required information must be completed.
Limit one (1) Contest Entry per person/email address. Entrants may not submit Contest Entries in both Categories. 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 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.
CONTEST ENTRY REQUIREMENTS
Entrants attest to have made all persons depicted in the Contest Entry aware of the submission of the Contest Entry to the Contest and all those depicted (or their parent/legal guardian if a minor is depicted) have agreed that entrant may submit such Contest Entry. All Contest Entries must be completed, submitted and received on the Website by 11:59:59 p.m. ET on January 3, 2018 to be eligible. Normal Internet access and usage charges imposed by entrants’ online service provider will apply.
In order to be entered into the Contest, entrants must comply with the registration instructions set forth at the Website when submitting their Contest Entry. Videos must be in one of the following formats: .AVI, .MOV, .WMV, MP4, MPEG, .FLV, .3GP, or .3G2; must be under 100 MB, and must not be longer than two (2) minutes total in length. Photos must be in .jpg or .png format and no larger than 5 MB.
All Contest Entries will be reviewed for content eligibility and compliance with these Official Rules before posting, voting, or judging occurs. Contest Entries must be the original work of the entrant; may not have won previous awards; 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 (other than Sponsor’s marks, name, and logo); may not contain any copyrighted works owned by third parties; and must not display, show, or feature unsafe, dangerous, or hazardous activities and/or any injuries or damage to, or the death of any individual. Contest Entries that are deemed by the Sponsor, in its sole discretion, to be in violation of these Official Rules 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 Contest and may be removed from the Website. Entrant acknowledges and agrees that such decisions of Sponsor are final and binding. Submission of a Contest Entry grants Sponsor and its agents the unconditional, irrevocable, worldwide right and license to publish, use, adapt, edit, and/or modify the Contest Entry in any way, including each component of the Contest Entry, together or separately, in whole or in part, in any and all media (now known or hereinafter invented), without limitation, and without compensation or consideration to the entrant, whether or not such Contest Entry is selected as a winning Contest Entry.
BY SUBMITTING A CONTEST 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 CONTEST ENTRY IN ANY WAY AND POST THE ORIGINAL CONTEST ENTRY ON THE INTERNET OR USE THE CONTEST ENTRY IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY. BY SUBMITTING A CONTEST ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTEST ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S SOLE DISCRETION. CONTEST ENTRIES POSTED TO THE WEBSITE WILL NOT BE EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Sponsor reserves the right to, and may or may not monitor/screen Contest Entries prior to posting them on the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any Contest Entry you submit. Sponsor reserves the right to waive the Contest Entry requirements set forth herein in its reasonable discretion. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right, in its sole discretion, during or upon completion of the Contest Entry Period, to request that any entrant resubmit his or her Contest Entry which fails to comply with the Contest Entry requirements, as applicable prior to the Finalist Public Voting Period.
4. FINALIST PUBLIC VOTING:
During the Finalist Public Voting Period, all eligible Contest Entries will be posted to an online gallery for their respective Category for public voting on the Website to help determine the thirty (30) finalists (“Finalist(s)”) in the “On the Track” Category and the ten (10) Finalists (also, “Finalist(s)”) for the “In the Garage” Category, for a total of forty (40) Finalists. Votes are not determinative of selection as a Finalist. See Section 5 for details. Members of the public who are legal residents of the 50 United States, the District of Columbia, and Canada (excluding Quebec), and who are 13 years of age or older may visit the Website and follow the on-screen instructions to complete and submit the online registration form with their name, date of birth, a valid email address, and a current mailing address. Registered voters may then follow the on-screen instructions to vote for their one (1) favorite Contest Entry in each Category (each a “Vote”). Eligible persons will only need to submit the registration form once. Returning voters enter via email address used to register. Limit one (1) Vote per person/email address per Category per day during the Finalist Public Voting Period. A “day” is defined as the 24 hour period beginning at 12:00:00 a.m. ET and ending at 11:59:59 p.m. ET, except for the first day of the Promotion which starts at 9:01:00 a.m. ET. Each eligible voter who successfully submits a Vote during the Finalist Public Voting Period will also receive one (1) entry into the Sweepstakes (a “Sweepstakes Entry”).
For all public voting: Voters may not submit Votes with multiple accounts or identities, nor may voters use any other device or artifice to vote multiple times above the stated limit. Any attempt to use multiple/different e-mail addresses, identities, registrations and logins or any other methods to enter the Sweepstakes or vote more than the above stated limit will void that voter’s Votes/Sweepstakes Entries and, if the voter is associated with a Contest Entry, that Contest Entry may be disqualified in Sponsor’s sole discretion. Sweepstakes Entries/Votes generated by script, macro, bot, commercial contest subscription, vote-swapping sites, voting software, entering service sites or any other automated means and/or any Sweepstakes Entries or Votes by any means that subvert the entry/voting process or do not conform to these Official Rules will void the Sweepstakes Entries/Votes and may disqualify the entrant. Entrants are prohibited from soliciting Votes, and voters are prohibited from soliciting Votes on behalf of entrants by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade Votes), as determined by Sponsor in its sole discretion, and all associated Votes may be void. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple Votes will result in disqualification of all such Votes received and may result in disqualification of the Contest Entry for whom the improper Votes were cast if the Sponsor determines that that associated Contest entrant was involved in any way in the perpetration of such fraud. Votes received from IP addresses outside the 50 United States and Canada, or received from Quebec, will be disqualified.
5. SPONSOR JUDGING OF ENTRIES AND JUDGING CRITERIA:
At the conclusion of the Finalist Public Voting Period, each Contest Entry will be judged against the other Contest Entries in its Category by a Sponsor-selected panel of judges (“Judges”) based on the following criteria (“Judging Criteria”):
- Inspirational quality - 34%
- Best depiction of a Champion - 33%
- Number of votes from the public - 33%
The thirty (30) Contest Entries in the “On the Track” Category and the ten (10) Contest Entries in the “In the Garage” Category that receive the highest total score based on the Judging Criteria above during the Finalist Sponsor judging will each be designated a potential “On the Track” Finalist or potential “In the Garage” Finalist (collectively referred to herein as “Finalists”), as applicable based on their Category and subject to verification. In the event of a tie between two or more Contest Entries, the Contest Entry with the highest total number of Votes will be the potential Finalist. 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. Each Finalist is a potential winner of a Finalist Prize, subject to verification.
6. GRAND PRIZE PUBLIC VOTING:
During the Grand Prize Public Voting Period, all verified Finalist Contest Entries for both Categories will be re-posted to the final online gallery on the Website for public voting to help determine the Grand Prize Winner in each Category. Subject to the restrictions outlined in Section 4 above, during the Grand Prize Public Voting Period, members of the public who are legal residents of the 50 United States, the District of Columbia, and Canada (excluding Quebec) and who are 13 years of age or older may register (or login, if already registered) and then follow the on-screen instructions to vote for their favorite Contest Entry in each Category (a “Vote”). Limit one (1) Vote per person/email address per Category per day during the Grand Prize Public Voting Period. Each eligible voter who successfully submits a Vote during the Grand Prize Public Voting Period will also receive one (1) Sweepstakes Entry.
7. SPONSOR JUDGING OF FINALISTS AND JUDGING CRITERIA:
Upon completion of the Grand Prize Public Voting Period, each Finalist’s Contest Entry will be judged against the other Finalist Contest Entries in its Category by a Sponsor-selected panel of judges (“Judges”) based on the following criteria (“Judging Criteria”):
- Inspirational quality - 34%
- Best depiction of a Champion - 33%
- Number of votes from the public - 33%
The one (1) Finalist Contest Entry in each Category (“On the Track” and “In the Garage”) that receives the highest total score among Finalists’ Contest Entries in the corresponding Category, based on the above Judging Criteria, will be selected as the Grand Prize winner for its Category. The ten (10) Finalist Contest Entries in the “On the Track” Category that receive the next-highest total scores among Finalists’ Contest Entries in the “On the Track” Category, based on the above Judging Criteria, will be selected as the Runner Ups. In the event of a tie, the tied Contest Entries will be re-judged by a new member of the judging panel, based on the above Judging Criteria, and the Contest Entry with the new highest total score will be declared the corresponding prize winner. Finalists agree that the Sponsor and the Judges have the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor and the Judges are final and binding.
8. GRANT OF RIGHTS:
By participating in the Contest, each entrant (or entrant’s parent/legal guardian, if the entrant is an eligible minor) hereby irrevocably grants to Sponsor and its parent, subsidiaries, affiliates, legal representatives, assigns, agents, and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, and/or otherwise use or reuse, without limitation, the entrant's Contest Entry, as submitted or as edited, altered, or modified in any way by the Sponsor or its designee(s) in the Sponsor’s sole discretion, in any media throughout the world for any purpose, without limitation and without additional review, compensation, or approval from the entrant or any other party. Entrants (or each entrant’s parent/legal guardian, if the entrant is an eligible minor) also grant Sponsor the right to use entrant’s name, address (city and state/province), image, voice, likeness, photos, statements, biographical material, and other material and information, including, but not limited to his/her Contest Entry and quotes, in any and all media, including for promotional purposes and posting on the Website, without limitation.
IF FINALIST’S CONTEST ENTRY IS JUDGED A GRAND PRIZE WINNER, FINALIST (OR THE FINALIST’S PARENT/LEGAL GUARDIAN, IF THE FINALIST IS AN ELIGIBLE MINOR) WILL BE REQUIRED TO EXECUTE SUCH DOCUMENTS AS MAY BE REQUIRED BY SPONSOR TO IRREVOCABLY ASSIGN AND TRANSFER TO SPONSOR ANY AND ALL RIGHTS, TITLE, AND INTEREST IN THE CONTEST ENTRY, INCLUDING, WITHOUT LIMITATION AND AS APPLICABLE, ALL COPYRIGHTS, AND FOREVER WAIVE ALL MORAL RIGHTS IN THE CONTEST ENTRY, ANY RIGHTS OF PRIVACY, INTELLECTUAL PROPERTY RIGHTS, AND ANY OTHER LEGAL OR MORAL RIGHTS THAT MIGHT PRECLUDE THE SPONSOR’S USE, ALTERATION, OR MODIFICATION OF THE CONTEST ENTRY, OR REQUIRE THE FINALIST’S PERMISSION TO USE IT FOR ANY PURPOSE, AND AGREES TO NEVER SUE OR ASSERT ANY CLAIM AGAINST THE SPONSOR OR ANY ENTITY ACTING PURSUANT TO SPONSOR’S DIRECTION FOR ANY USE, OR ALTERATION OF SUCH CONTEST ENTRY. Further, to the extent the Finalist did not film the entirety of any Video or take any Photo included in the Contest Entry himself/herself, Sponsor may request that the Finalist secure from any videographer/photographer an irrevocable assignment and transfer to Sponsor all of any such videographer’s/photographer’s right, title and interest in and to the Finalist’s Contest Entry, including all but not limited to all copyright and trademark rights which he or she may have therein, in the United States, Canada, and worldwide, for consideration, the receipt and sufficiency of which is hereby acknowledged.
9. SWEEPSTAKES ENTRY/DRAWING:
Each eligible voter who successful submits a Vote during the Finalist Public Voting Period or the Grand Prize Public Voting Period will also receive one (1) entry into the Sweepstakes (a “Sweepstakes Entry”). Two-hundred (200) potential Sweepstakes Prize winners will be selected in a random drawing from among all eligible Sweepstakes Entries received during the Finalist Public Voting Period and the Grand Prize Public Voting Period, subject to verification. The drawing will take place on or about March 27, 2018 in Elmhurst, Illinois, with winners announced on the Website on or about April 4, 2018. Odds of winning a Sweepstakes Prize will depend on the number of eligible Sweepstakes Entries received during both Public Voting Periods. The drawing will be conducted by a third party promotion administrator, whose decisions shall be final and binding on all matters relating to the Sweepstakes. If you win a Sweepstakes Prize, you are eligible to win a Contest Prize.
10. PRIZES/APPROXIMATE RETAIL VALUES (“ARVs”):
“On the Track” Contest Prizes
- One (1) Grand Prize - a sponsorship by Champion for one (1) year (April 4, 2018 - March 31, 2019) in the amount of $50,000 USD/$62,800 CDN (based on exchange rate on 8/21/17), awarded in the form of a check payable to the winner.
- Ten (10) Runner Ups - a sponsorship by Champion for one (1) year (April 4, 2018 - March 31, 2019) in the amount of $5,000 USD/$6,280 CDN (based on exchange rate on 8/21/17), awarded in the form of a check payable to the winner.
- Thirty (30) Finalist Prizes - a sponsorship by Champion for one (1) year (April 4, 2018 - March 31, 2019) in the amount of $500 USD/$628 CDN (based on exchange rate on 8/21/17), awarded in the form of a check payable to the winner.
“In the Garage” Contest Prizes
- One (1) Grand Prize - a sponsorship by Champion for one (1) year (April 4, 2018 - March 31, 2019) in the amount of $5,000 USD/$6,280 CDN (based on exchange rate on 8/21/17), awarded in the form of a check payable to the winner.
- Ten (10) Finalist Prizes - a sponsorship by Champion for one (1) year (April 4, 2018 - March 31, 2019) the amount of $500 USD/$628 CDN (based on exchange rate on 8/21/17), awarded in the form of a check payable to the winner.
Total ARV of all Contest Prizes: $125,000 USD/$157,000 CDN (based on exchange rate of 8/21/17). All prizes will be awarded in USD.
All winners sponsored by Champion are expected to meet certain Sponsorship Criteria as set forth herein and in the additional documentation provided by Sponsor during the winner verification process (“Sponsorship Criteria”) during the term of the sponsorship (as set forth above). As a Champion-sponsored winner, each winner agrees to represent Champion in a positive light, and refrain from engaging in conduct that may be deemed by the Sponsor, in its sole discretion, to be in violation of these Official Rules or to be otherwise infringing, harmful, inappropriate, defamatory, or generally not in keeping with the image of Sponsor. Each winner agrees to comply with the Brand Guidelines provided by Sponsor from time to time. For the duration of the Sponsorship, Champion will provide decals, logos, and one set of spark plugs for the winning vehicle at no charge to each Grand and Runner Up winner. Each winner agrees to place the Champion decal/logo on his/her motor-sport vehicle or equipment, and competition attire, if used. Each winner further agrees to use Sponsor-provided Champion spark plugs in his/her motor-sports vehicle or equipment (as long as an appropriate application is available). Each entrant is solely responsible for ensuring that his/her participation in the Contest does not and will not violate any obligations (under written or oral contract or otherwise) to any third party.
Two Hundred (200) Sweepstakes Prizes: one (1) Champion-branded t-shirt, decal and hat package. ARV: $24.00 USD each.
Total ARV of all Sweepstakes Prizes: $4,800 USD.
11. WINNER NOTIFICATION AND PRIZE CLAIM:
Winners are subject to verification, including verification of age.
Any potential winners of any Sweepstakes Prize who are Canadian residents must correctly answer, unaided, a 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.
Each Finalist (or such Finalist parent/legal guardian if the Finalist is a minor in his/her state/province/territory of residence) will be contacted on or about February 6, 2018 via the email address/phone number collected at the time of registration. The potential Finalist will be required to respond via email/phone within two (2) business days of the attempted notification to claim the Finalist Prize. Upon receipt of the potential Finalist’s return email/phone call, the potential Finalist will be sent, via email, a Declaration/Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, to be completed, signed, and returned to Sponsor within five (5) calendar days or prize may be forfeited. If the potential Finalist is found not to be eligible or not in compliance with these Official Rules, or if prize notification is returned as undeliverable, the potential Finalist will be disqualified and the Contest Entry with the next highest total score will be the potential Finalist. Winners are solely responsible for any federal, state, local, or provincial taxes on any and all prizes awarded to them. Potential Finalists will be required to fill out a W9 or W8BEN form at the time of verification for U.S. tax reporting purposes.
A winner who is a U.S. resident will receive an IRS 1099 Miscellaneous Income Tax Form in January of the year following receipt of their prize showing the prize value (as stated in these Official Rules) as additional income for the year in which they receive a prize. A winner who is a Canadian resident will be awarded the cash prize, 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. A Canadian winner will receive an IRS 1042S Foreign Person’s U.S. Source Income Subject to Withholding Form for their tax records, showing the prize value (as stated in these Official Rules) and the deductions taken from the prize value.
Prizes will only be awarded only to individuals and to an address within the United States or Canada (excluding Quebec). No substitution or transfer of any prize is permitted except at the sole discretion of the Sponsor. Sweepstakes Prizes will be mailed to the addresses provided at time of voter registration within 4-6 weeks after the drawing. The Contest Prizes will be mailed to the addresses provided at the time of verification within 4-6 weeks after the Contest Prize winners have been verified. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
12. 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 Sweepstakes and/or Contest from among all non-suspect, eligible Sweepstakes Entries or Contest Entries (as applicable) received prior to cancellation for such Sweepstakes and/or Contest or as otherwise deemed fair and appropriate by Sponsor. In the event that any Sweepstakes Entry or Contest Entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another Sweepstakes Entry/Contest Entry (as applicable).
13. 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 Sponsor or Promotion Parties 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 the Website in whole or in part for any reason; traffic congestion on the Internet or the 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 any prize or these Official Rules, or any inaccurate or incorrect data contained on promotional materials or on the Website. Use of the Website 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 the Website or the download of any information from the 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 Sponsor and Promotion Parties 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.
14. 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, County of Oakland, U.S.A. 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 A 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.
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 the 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.
16. 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 14 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.
17. WINNERS’ LIST:
For a list of winners, send an e-mail request to email@example.com. Winners’ list will be available 30 days after all winners are verified.
Federal-Mogul Motorparts LLC, 27300 W 11 Mile Road, Southfield, Michigan 48034