MOBIL 1 / NAPA FACT OR FICTION SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED ACCORDING TO UNITED STATES LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE 50 UNITED STATES OR WASHINGTON D.C. AT THE TIME OF ENTRY.
1. ELIGIBILITY: The MOBIL 1 / NAPA FACT OR FICTION SWEEPSTAKES (“Sweepstakes”) is open to legal residents of the 50 United States or Washington D.C. who are 18 years of age or older at the time of entry. Employees, officers, directors, contractors and the immediate families (spouse, parent, child, sibling and their respective spouse) and household of each such employee, officer, director or contractor of National Automotive Parts Association, Genuine Parts Company and NAPA AUTO PARTS stores (collectively, “Sponsor”), their affiliates, parent companies and subsidiaries, employees and the immediate families (spouse, parent, child, sibling and their respective spouse) and households of their wholesale distributors, advertising and promotion agencies, and all retail licensees are ineligible. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules (“Official Rules”) and the decisions of the Sponsor, which are final and binding in all respects.
2. SWEEPSTAKES TIMING: The Sweepstakes begins September 2, 2014 at 1:00:00 p.m. Eastern Daylight Time (“EDT”) and ends on September 30, 2014 at 11:59:59 p.m. EDT (the “Sweepstakes Period”). The Sponsor’s designated official judging organization’s computer is the official time keeping device for this Sweepstakes.
3. THE SWEEPSTAKES: The Sweepstakes invites the entrant to complete an online quiz about Mobil 1 products. All entrants who successfully complete the quiz will be entered for a chance to win a prize listed in section 5. There will be a total of 50 winners. See section 5 for more details on winners and prizes. Quiz answers will not be judged.
4. TO ENTER: During the Sweepstakes Period, visit the NAPA Facebook page sweepstakes application at www.facebook.com/napaknowhow (“Website”) and follow the online instructions to complete the quiz and the online registration form (altogether the “Entry”).
All Entries must be received and recorded during the Sweepstakes Period. No other form of entry is valid. You may only enter once per Facebook account/email address. Entry must comply with these Official Rules.
5. PRIZE DETAILS: Prizes (50 total): a Mobil 1 40th Anniversary T-shirt. ARV: $3.75 each. Total ARV of all prizes: $187.50. Limit one (1) Prize per household. Selection of size of t-shirts is in Sponsor’s sole discretion. Odds of winning depend on the number of eligible entries received.
6. WINNER SELECTION: Winners will be selected in a random drawing to be held on or about October 2, 2014 from among all eligible entries received, by an independent judging organization whose decisions are final in all matters relating to this Sweepstakes. Prizes are non-transferable and no cash equivalent or substitution of prize is offered. If a prize, or portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value.
7. WINNER NOTIFICATION: Winners will be notified by phone, email or mail on or about October 31, 2014. Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within 14 days of attempted notification or prize may be forfeited. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents.
In the event of noncompliance within this time period, prize may be forfeited. Any prize notification or prize returned to the Sponsor or its agencies as undeliverable may result in disqualification and prize forfeiture. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. This Sweepstakes is void where prohibited by law and is subject to federal, state and local regulations. Taxes on prize, if any, are solely the responsibility of the individual winner.
8. CONDUCT: Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes or the Website; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. LIMITATIONS OF LIABILITY AND RELEASE: Neither the Sponsor nor its agencies are responsible for lost, late, misdirected, unintelligible, returned or undelivered Entries, email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Sweepstakes or Website, or Facebook application, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Facebook’s terms of service, as solely determined by the Sponsor, will be disqualified. Neither the Sponsor nor its agencies are responsible for any incorrect or inaccurate information whether caused by Facebook users, tampering, hacking, or by any of the programming or equipment associated with or used in
this Sweepstakes, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized Website access. Any use of robotic, macro, automatic, programmed or like entry methods will void all such Entries, and may subject that entrant to disqualification. Neither the Sponsor nor its agencies are responsible for injury or damage to entrants or any other person’s computer or property related to or resulting from participating in this Sweepstakes. Should any portion of Sweepstakes be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Sweepstakes, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and randomly select the winners from among all valid, non-suspect Entries received prior to action taken. In the event of a dispute regarding Entries received from multiple users having the same email, the authorized account subscriber of the email account used to enter will be deemed to be the entrant, and must comply with these rules. The “authorized account subscriber” is the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses.
Entrants agree (a) that Sponsor, Facebook, Inc. and their respective parent, subsidiary and affiliated companies, and advertising and promotion agencies, and their respective officers, directors, employees, wholesale distributors, representatives and agents, will have no liability whatsoever for, and are released and shall be held harmless by entrants against, any liability, for any injuries, losses, costs, penalties, expenses or damages of any kind, to persons, including death, or property, or rights of publicity or privacy, defamation, copyright infringement or portrayal in a false light resulting in whole or in part, directly or indirectly, from the creation of an Entry, the acceptance, possession, misuse or use of the prize, or participation in this Sweepstakes or in any Sweepstakes-related activity, and (b) winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor (and agree to confirm such agreement in writing) and those acting pursuant to its authority to use his/her name, submitted biography, voice and/or likeness and prize information for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now known or hereafter discovered worldwide and on the Internet and/or World Wide Web without notice or review or approval.
10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes 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 Georgia 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 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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS SWEEPSTAKES, 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 SWEEPSTAKES, 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, EXEMPLARY 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.
11. GOVERNING LAW & JURISDICTION: These Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Georgia, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Atlanta, Georgia.
12. WINNERS LIST: For the names of the winners, hand print your name and complete address on a 3” x 5” card and mail to: MOBIL 1 / NAPA FACT OR FICTION SWEEPSTAKES Winner’s List, NAPA MARKETING DEPARTMENT, 2999 Circle 75 Parkway, Atlanta, GA 30339 no later than December 31, 2014.
SPONSOR: NAPA AUTO PARTS, 2999 Circle 75 Parkway, Atlanta, GA 30309.