ADVANCE AUTO PARTS HEROES 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 HEROES CONTEST (“CONTEST”) BEGINS AT 12:00:01 A.M. EASTERN TIME (“ET”) ON MAY 14, 2020 AND ENDS AT 11:59:59 P.M. ET ON MAY 27, 2020 (“CONTEST ENTRY PERIOD”). SPONSOR’S COMPUTER IS THE OFFICIAL TIME-KEEPING DEVICE FOR THIS CONTEST.
1. ELIGIBILITY: Open to legal residents of the 50 United States, the District of Columbia (“D.C.”), and Puerto Rico only who are 18 years of age or older at time of entry. Employees of Advance Stores Company, Incorporated (“Sponsor”), Promotion Activators Management, LLC (“Administrator”), The Marketing Arm, and their respective parent companies, affiliates, subsidiaries, distributors, sales representatives, advertising, sales promotion and judging agencies, and members of the immediate families (parent, child, sibling and spouse of each) or households (whether related or not) of any of the above are NOT eligible. Contest is void outside of the 50 United States/D.C., Puerto Rico, and where prohibited by law.
2. HOW TO ENTER: Go to https://shop.advanceautoparts.com/r/car-culture/community/tell-us-about-a-hero (the “Website”) during the Contest Entry Period and follow the on-screen instructions to complete the entry form and submit an essay (in English) that explains why a member of your community is a “hero” in 600 characters or less (“Essay”). You may also provide a photo of your nominee but photo will not factor in the judging and is not required for entry. Your nominee must be someone who legally resides within the 50 United States, D.C., or Puerto Rico who you feel is a hero to his/her community (herein “Nominee”) and deserves recognition. Note: Entrant cannot nominate himself/herself. To receive a prize, Nominee must comply with these Official Rules. Nominee must be 18 years of age or older. 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. The Essay will serve as entrant’s entry (“Entry”) into the Contest. Entry must comply with the Entry Guidelines detailed in Rule 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. In the event of a dispute as to who submitted an Entry, the name of the “authorized account holder” associated with the email account 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. 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 and agencies (“Released Parties”) are not responsible for entries that are late, lost, illegible, damaged, 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. Multiple entrants are not permitted to share the same email address for purposes of entry into the Contest. 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.
3. ENTRY GUIDELINES: 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) it 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) the Entry is suitable for presentation in a public forum; and (f) 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. Entrant agrees 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 their 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 or pornographic 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 is a duplicate of any other Entry’s content;
f) Content that defames, misrepresents or contains disparaging remarks about Sponsor, other companies or other people or is libelous, defamatory, disparaging, tortious or slanderous;
g) Personal identification of anyone other than the Nominee, such as personal names, license plates or e-mail addresses;
h) Material embodying the names or other indicia that identify any person, living or dead, other than the Nominee;
i) Messages inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; or
j) 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 MAY BE REFERENCED IN THE ENTRY FOR PURPOSES OF THIS CONTEST ONLY. NO OTHER RIGHTS IN OR TO SPONSOR’S TRADEMARKS 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 an Entry, you agree that your 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. You 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 entering the Contest, you acknowledge that you 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. You further acknowledge that Sponsor is not obligated to make use of any of the rights granted in these Official Rules. BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY MAY BE POSTED ON SPONSOR’S WEBSITES OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN ITS DISCRETION. You further acknowledge that Sponsor is not obligated to post or use your Entry. By submitting an Entry, you 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. PHASE I CONTEST JUDGING: To be eligible for the Contest, an eligible Entry must be received during the Contest Entry Period. From May 28, 2020 – June 4, 2020, Entries will be judged and scored by a panel of qualified judges appointed by Sponsor based on the following criteria: Creativity/originality (50%), Quality of Essay (25%), and Authenticity (25%). The sixty (60) Entries that receive the highest combined score according to the criteria listed above, in the sole determination of the judges, will be declared finalists (“Finalists) and will be posted to the Website for consumer voting as described in Rule 5 below. Sponsor reserves the right to deem fewer than sixty (60) Entries as Finalists if an insufficient number of eligible Entries are received during the Contest Entry Period. 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 “Quality of Essay”, as determined by the qualified judges in their sole discretion will be deemed a Finalist from among the tied entrants. 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. PHASE II CONSUMER VOTING: Between 12:00:01 a.m. ET on June 6, 2020 and 11:59:59 p.m. ET on June 13, 2020 (“Consumer Voting Period”), the sixty (60) Finalist Entries will be posted to the Website and visitors will be invited to vote for the Entry they deem the best based on the following criteria: Creativity/originality (50%), Quality of Essay (25%), and Authenticity (25%). To cast a vote, follow the on-screen instructions and click on the Log In With Mobile button. You will then be asked to provide your phone number to a text messaging-capable mobile phone/device. You will then receive, via text, one (1) automated, autodialed text message with a 6-digit code which you must then enter as instructed to complete your log in to the voting application. Once you are logged in to the voting application, you may vote for the Entry you deem most deserving based upon the criteria listed above. By submitting your phone number in the Log In With Mobile application, you are providing your signed consent to receive one (1) text message. Your phone number will not be stored by Sponsor or Sponsor’s agents. Consent to receive messages is not required and is not a condition of any purchase. Note: your mobile service provider may charge you for each text sent/received. Please check with your mobile service provider for pricing plan details. You are solely responsible for such wireless charges. Not all wireless carriers participate. The thirty (30) Entries that receive the highest number of eligible, non-suspect votes during the Consumer Voting Period will be deemed potential winners, subject to verification of both entrant and Nominee’s eligibility. Limit one (1) vote per person/mobile phone number. Automated methods of voting and voting by proxy are prohibited. Any attempt by an entrant and/or his/her family/friends to vote more than the number of times authorized herein using multiple names, mobile phone numbers, paying third parties to create accounts for the purposes of voting, and/or any other fraudulent mechanism (including hiring third parties to vote for the entrant), as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify entrant and his/her corresponding Entry in its reasonable discretion. In the event of a tie, tied Entries will be posted to the Website and a new voting period will be announced to determine the winner(s). Potential winners (both entrants and their respective Nominees) are not actual winners until their eligibility has been verified, and it is determined to Sponsor’s satisfaction that they have complied with all terms and conditions of these Official Rules.
6. PRIZES (60): There will be sixty (60) winners total; 30 entrants and 30 corresponding Nominees: Each winner will receive a $1,000 general-use electronic gift card. Approximate retail value (“ARV”): $1,000 each. Total ARV: $60,000. Electronic gift cards are subject to the terms and conditions of the issuer and will be issued to the potential winners via the email. Winners are solely responsible for all federal, state, and local taxes and other fees associated with prize receipt regardless of whether prize is used in whole or in part. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. 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 discretion. All prize details are in Sponsor’s sole discretion. In no event, shall Sponsor’s prize liability exceed the stated ARV of the prize.
7. WINNER NOTIFICATIONS: Potential winning entrants will be notified on or about June 15, 2020 by the Administrator via the email address provided at time of entry, and 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 seven (7) days of date of issuance specified in the email notification. Potential winning entrants must also reply to this initial email notification with the complete name, mailing address, email address, and phone number of the Nominee identified in their Entry within this same time period. Once a Nominee’s contact information is provided by a potential winning entrant, Nominee will be notified by the Administrator via the email address provided by the potential winning entrant and must execute and return the Prize Claim Documents within seven (7) days of date of issuance specified in the email notification. To receive a prize, both the potential winning entrant and his/her Nominee must both execute and return the Prize Claim Documents and both 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. If a potential winning entrant or Nominee is at least 18 years of age but considered a minor in his/her jurisdiction of residence, such minor’s parent or legal guardian must execute the Prize Claim Documents on minor’s behalf. Failure to return the documents listed above or reply to the email and/or phone call 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. Prizes will be emailed to winners at the email address provided at time of entry or during the verification process within 8-10 weeks following confirmation of winner’s eligibility.
9. 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.
10. 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.
11. NAMES OF WINNERS: For the names of the winners, available after June 15, 2020, send a self-addressed, business-size envelope with proper postage affixed by August 15, 2020 to: The Advance Auto Parts Heroes Winners, P.O. Box 6000, Morton Grove, IL 60053.
12. sponsor: Advance Stores Company, Incorporated, Advance Stores Company, Inc., 411 Fayetteville St, Raleigh, NC, 27604.
13. ADMINISTRATOR : Promotion Activators Management LLC, 5550 Touhy Ave, Suite 403, Skokie, IL 60077