ADVANCE AUTO PARTS GARAGE MOMENTS CONTEST
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS CONTEST IS OPEN TO INDIVIDUALS WHO ARE 18 YEARS OF AGE OR OLDER RESIDING IN THE 50 UNITED STATES, DISTRICT OF COLUMBIA, AND PUERTO RICO ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT LOCATED IN ONE OF THE ELIGIBLE STATES OR JURISDICTIONS AT TIME OF ENTRY.
THE ADVANCE AUTO PARTS GARAGE MOMENTS CONTEST (“CONTEST”) BEGINS AT 12:00:01 A.M. EASTERN TIME (“ET”) ON JUNE 11, 2020 AND ENDS AT 11:59:59 P.M. ET ON JUNE 21, 2020 (“CONTEST ENTRY PERIOD”). SPONSOR’S COMPUTER IS THE OFFICIAL TIME-KEEPING DEVICE FOR THIS CONTEST.
1. ELIGIBILITY: The Contest is open only to legal residents of the United States, the District of Columbia (“D.C.”), and Puerto Rico who are eighteen (18) years of age or older or have reached the age of majority (whichever is older in state of residence) at time of entry. Employees of Advance Stores Company, Incorporated (“Sponsor”), Genesco Sports Enterprises, Inc. (“Administrator”), The Marketing Arm, and their respective parent companies, affiliates, subsidiaries, distributors, sales representatives, Web design, advertising, sales promotion and judging agencies, and their respective immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) and those living in their same households (whether related or not) of any of the above are NOT eligible. Contest is void outside of the fifty (50) United States/D.C., Puerto Rico, and where prohibited or restricted by law.
2. HOW TO ENTER: To enter, Entrant must visit https://shop.advanceautoparts.com/r/car-culture/community/contest-garage-moments (“Website”) during the Contest Entry Period and follow the on-screen instructions to complete the entry form and submit an essay (in English) in which you share your garage moment with the father-figure (“Nominee”) that taught you everything you needed to know about cars and life in 600 characters or less (“Essay”) and a photo or video of your Nominee. Nominee can be anyone Entrant feels is a father-figure (father, mother, brother, friend, etc.) and deserves recognition. Nominee must be 18 years of age or older and legally reside within the fifty (50) United States, D.C., or Puerto Rico. Nominee must be someone known to Entrant and Entrant must have permission from Nominee to enter Contest on Nominee’s behalf and bind Nominee to these Official Rules. Entrant must be able to provide proof of such Nominee permission upon Sponsor’s request. To receive a prize, Nominee must comply with these Official Rules. Note: Entrant cannot nominate himself/herself. The Essay will serve as Entrant’s entry (“Entry”) into the Contest. Entry must comply with the Entry Guidelines detailed in Section 3, below. Limit one (1) Entry per Entrant during the Contest Period. All Entries received from any person that exceed the stated limitation will be disqualified. Entries made by any means which subvert the entry process will be void. Incomplete or illegible Entries will not be acknowledged. All Entries become the exclusive property of Sponsor and will not be returned or acknowledged except as provided herein. From time to time during the Contest Entry Period, Sponsor may, and by entering Entrant and Nominee grant rights for Sponsor to, feature Entry on the Website, other websites owned or controlled by Sponsor and/or on Sponsor’s social media pages and channels, in Sponsor’s sole discretion. Having an Entry featured is unrelated to the Judging Criteria (detailed below in Section 4) and does not guarantee selection as a winner in the Contest nor does it entitle the Entrants responsible for the featured Entries to any compensation or prize. In the event of a dispute as to who submitted an Entry, the name of the “authorized account holder” associated with the email account submitted in the entry form will be deemed to be the Entrant and must comply with these Official Rules. The authorized account holder of the email address is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Multiple Entrants are not permitted to share the same email address for purposes of entry into the Contest. Sponsor will not verify receipt of Entries. Proof of submission of an Entry does not constitute proof of receipt by Sponsor. Sponsor, Administrator, The Marketing Arm, their respective parent companies, affiliates, subsidiaries, distributors and each of their respective shareholders, directors, officers, employees, governors, owners, contractors, successors, insurers, distributors, retailers, agents, assignees, representatives and agencies (“Released Parties”) are not responsible for Entries that are late, lost, illegible, damaged, destroyed, misdirected, garbled or incomplete, altered or otherwise irregular, that contain false information, that are generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in the Official Rules. Use of any automated program or method to enter will result in disqualification of all associated Entries and of the person/email address account responsible for such Entries. Data rates may apply if entering with a mobile phone or other Web-enabled device. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges.
3. ENTRY GUIDELINES: Entries must comply with these Official Rules. By submitting an Entry, you warrant and represent that: (a) it is, in its entirety, your original work; (b) it has not been previously published; (c) it has not won previous awards; (d) does not violate or infringe upon the copyrights, trademarks, rights of privacy/publicity or other intellectual property rights or any other rights of any person or entity; (e) you have obtained permission from any person whose name, likeness or image is used in your Entry and that such person is of legal age of majority in his/her jurisdiction of residents (and at least eighteen  years of age); (f) the Entry is suitable for presentation in a public forum; and (g) publication of the Entry via various media, including but not limited to the Sponsor’s websites and social media channels, will not violate or infringe on the rights of any third party. By submitting an Entry, you agree to indemnify and hold harmless the Released Parties from and against any claims to the contrary.
Entries may not contain, as determined by the Sponsor, in its sole discretion, any of the following:
a) Any third-party intellectual property, including third-party trademarks, logos, or trade dress;
b) Sexually explicit or suggestive content; violent content or dangerous stunts; content which promotes discrimination based on ethnicity, race, nationality, disability, gender, religion, profession, age, sexual orientation, or any other basis protected by federal, state, or local law, ordinance, or regulation; or any profane, pornographic or nude content;
c) References to sports betting, lotteries, gambling, alcohol, illegal or performance enhancing drugs, tobacco, e-cigarettes, cannabinoid or synthetic THC products and any related paraphernalia, firearms/weapons/ammunition (or the use of any of the foregoing); content that promotes any activities that are unsafe or dangerous; content that promotes any particular political agenda or message;
d) Obscene or offensive material; promotion or endorsement of bigotry, any form of hate speech or hate group;
e) Content that promotes terrorist or other violent acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities;
f) Content that is a duplicate of any other Entry’s content;
g) Content that defames, misrepresents or contains disparaging remarks about Sponsor, other companies or other people or is libelous, defamatory, disparaging, tortious or slanderous;
h) Personal identification of anyone other than the Nominee, such as personal names, license plates or e-mail addresses;
i) Material embodying the names or other indicia that identify any person, living or dead, other than the Nominee;
j) Background artwork, unless it is an original work of the Entrant;
k) Messages inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; or
l) Content that infringes the rights of any third party or promotes illegal activities; and/or violates any law.
Entries that do not comply with the above guidelines, or that otherwise contain prohibited or inappropriate content, as determined by the Sponsor, in its sole discretion, will be disqualified. *LIMITED LICENSE: THE SPONSOR’S TRADEMARKS AND TRADENAMES MAY BE REFERENCED IN THE ENTRY FOR PURPOSES OF THIS CONTEST ONLY. NO OTHER RIGHTS IN OR TO SPONSOR’S TRADEMARKS OR TRADENAMES ARE GRANTED UNDER THESE OFFICIAL RULES AND ENTRANT MAY NOT USE THE ENTRY FOR ANY PURPOSE OTHER THAN ENTERING THIS CONTEST. Entry must not contain material that is harmful to others, such as viruses, trojan horses or other technologies that could adversely impact the Contest or any person’s computer or other device. By submitting or participating in an Entry, Entrant and Nominee agree that the Entry is gratuitous and made without restriction and will not place Sponsor under any obligations other than those contained in these Official Rules, that Sponsor is free to use or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. Entrant and Nominee acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. By submitting or participating in an Entry, Entrant and Nominee acknowledge that Entrant and Nominee will not now or in the future be paid or compensated in any way for your Entry or for granting the Sponsor any of the rights set out in these Official Rules. Entrant and Nominee further acknowledge that Sponsor is not obligated to make use of any of the rights granted in these Official Rules. BY SUBMITTING OR PARTICIPATING IN AN ENTRY, ENTRANT AND NOMINEE ACKNOWLEDGE THAT YOUR ENTRY MAY BE POSTED ON SPONSOR’S WEBSITES OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN ITS DISCRETION. Sponsor shall have the full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media known or hereafter devised throughout the world in any manner whatsoever and for any purpose without notice or compensation to Entrant or Nominee (or Entrant or Nominee’s heirs or successors) of any kind. Entrant and Nominee further acknowledge that Sponsor is not obligated to post or use your Entry. By submitting or participating in an Entry, Entrant and Nominee hereby grant the Sponsor and its affiliates, subsidiaries, assigns, licensees, and designees the irrevocable, perpetual, worldwide, royalty-free right and license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted the Entry or portions of the Entry for the purpose of administering the Contest and judging the Entries. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
ENTRIES POSTED TO SPONSOR’S WEBSITES, IF ANY, ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.
4. WINNER DETERMINATION: To be eligible for the Contest, an eligible Entry must be received during the Contest Entry Period. From June 11, 2020 – June 21, 2020, Entries will be judged and scored by a panel of qualified judges appointed by Sponsor (“Panel”) based on the following criteria (“Judging Criteria”): Creativity/Originality (50%), Compelling Story (25%), and Authenticity (25%). First, Administrator’s Panel will eliminate the entries that do not adhere to the guidelines set forth in Section 3 of the Official Rules. Second, Administrator’s Panel will score each eligible entry based on the Judging Criteria. Finally, Administrator’s Panel will advance the top ten (10) entries with the highest average score to Sponsor’s Panel, who will then score each of those entries based on the Judging Criteria. The Entry receiving the highest average score among the Sponsor’s Panel will be deemed the potential winning entrant (“Potential Winning Entrant”). Subject to verification of eligibility and compliance with these Official Rules, the Potential Winning Entrant will be declared the official winner of the Contest. In the event of a tie, the tied Entries will be re-judged by an additional judge who will serve as a tiebreaker and who will evaluate tied Entries according to the criteria listed above. If following the re-judging the entries are still tied, the Entrant whose Entry received the highest score for “Creativity/Originality”, as determined by the qualified judges in their sole discretion will be deemed a Finalist from among the tied Entrants. If the tie continues, then tie(s) will be broken by the Entry receiving the highest cumulative point score in the second Judging Criteria, continuing thereafter to the next Judging Criteria until the tie is broken. The decisions of the judges will be final and binding on all matters relating to the Contest. The chances of winning depend on the relative skill of the Entrants and the number of eligible Entries received during the Contest Entry Period.
5. PRIZE (1): There will be one (1) winner total – the Entrant who submitted the essay about the Nominee (“Potential Winning Entrant.”) Potential Winning Entrant will receive the ultimate home garage makeover, consisting of epoxy flooring (no larger than a three-car garage), steel garage cabinet set, Sponsor decals, ceiling lighting, mobile workbench (no larger than forty-eight (48) inches), tire rack (no larger than forty-eight (48) inches), two post floor plate auto hoist car lift, Z creeper, mesh WIFI system (including installation), in-ceiling/wall speakers (including installation), and an Advance Auto Parts gift card for one-thousand dollars ($1,000). Approximate Retail Value (“ARV”): $20,283. Gift card is subject to the terms and conditions of the issuer. Potential Winning Entrant is solely responsible for all federal, state, and local taxes and other fees associated with prize receipt (including income and withholding taxes) regardless of whether prize is used in whole or in part. All costs and expenses associated with the prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals and other expenses, are the sole responsibility of the winner. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor and without liability to Sponsor for the unsafe operation and use thereof. No transfer, assignment, cash redemption, or substitution of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize for a prize of comparable or greater value, in Sponsor’s sole and absolute discretion. All prize details are in Sponsor’s sole and absolute discretion. In no event, shall Sponsor’s prize liability exceed the stated ARV of the prize. Any difference between the stated ARV and actual value of a prize will not be awarded.
6. WINNER NOTIFICATIONS: Potential Winning Entrant will be notified on or about June 30, 2020 by the Administrator via the email address provided at time of entry and must respond to the notification within forty-eight (48) hours indicating whether he/she can accept the prize or prize may be forfeited. In addition, Potential Winning Entrant must also reply with the complete name, mailing address, email address, and phone number of their Nominee identified in the Entry within this same time period. Potential Winning Entrant then must execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release, and any other documents required by Sponsor (collectively, the “Prize Claim Documents”), within five (5) days of date of issuance specified in the email notification. Potential Winning Entrant’s Nominee also must execute and return a liability release and, unless prohibited by law, a publicity release. To receive a prize, both the Potential Winning Entrant and his/her Nominee must each execute and return the Prize Claim Documents and both the Potential Winning Entrant and his/her Nominee’s eligibility must be verified. If either the Potential Winning Entrant or his/her Nominee fails to comply with these Official Rules, then neither the Entrant nor the Nominee will receive a prize. Failure to return the documents listed above or reply to the email with the requested information, within the specified time-period, the return of a notification as undeliverable, noncompliance with these Official Rules, or Sponsor’s inability to contact a Potential Winning Entrant or Nominee within a reasonable time-period may result in forfeiture of potential winning status and, at Sponsor’s sole discretion, the Finalist that received the next highest non-suspect vote total may be deemed a potential winner. No messages will be left on answering machines or voice mail systems. Administrator is not responsible for technical difficulties with telecommunications systems beyond its control. BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY AND, OR IF YOU ARE AWARDED THE PRIZE, THE FINAL PRODUCT MAY BE POSTED ON SPONSOR’S WEBSITES OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN ITS DISCRETION.
No responsibility is assumed by Sponsor or Administrator for lost, late, mutilated, illegible, unintelligible, incomplete, misdirected or postage-due mail or Entries. No liability or responsibility is assumed by Sponsor or Administrator resulting from Entrant’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with the Contest. No liability or responsibility is assumed by Sponsor or Administrator 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 or network communication problems; errors or limitations of any Internet or wireless providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Website in whole or in part of any reason; traffic congestion on the Internet or Website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs or worms; destruction of any aspect of the Contest; or loss, miscount, misdirection, in accessibility or unavailability of an email account used in connection with the Contest. Sponsor and Administrator are not responsible for any typographical, technical, computer, network or human errors which may occur in the administration of the Contest; the uploading, processing or judging of Entries; or the announcement of the prizes in any Contest-related materials. Use of Website is at Entrant’s own risk. Sponsor and Administrator are not responsible for any personal injury or property damage or losses of any kind which may be sustained to Entrant’s or any other person’s computer or web-enabled device resulting from participation in the Contest. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
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 CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE CONTEST, EACH ENTRANT 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 CONTEST, 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) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT 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 MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By participating in the Contest, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor with respect to the Contest, shall be governed by, and construed in accordance with, the laws of State of North Carolina without giving effect to any choice of law or conflict of law rules. By participating in the Contest, Entrant consents to the jurisdiction and venue of the federal, state, and local courts located in Raleigh, North Carolina. In the event of any discrepancy or inconsistency between these Official Rules and disclosures or other statements contained in any Contest-related materials or made by any representative of Sponsor, these Official Rules shall prevail, govern, and control.
9. TAXES: Winners are solely responsible for any taxes on the prizes and will receive an IRS Form 1099 for the ARV of the prize, if applicable. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor.
9. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
10. NAMES OF WINNERS: For the names of the winners, available after June 30, 2020, send a self-addressed, business-size envelope with proper postage affixed by August 30, 2020 to: The Advance Auto Parts Garage Moments Winners, 5944 Luther Lane, Suite 500, Dallas, TX 75225.
11. sponsor: Advance Stores Company, Incorporated, Advance Stores Company, Inc., 411 Fayetteville St, Raleigh, NC, 27604.
12. ADMINISTRATOR : Genesco Sports Enterprises, Inc., 5944 Luther Lane, Suite 500, Dallas, TX 75225.
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