NAPA AUTO PARTS “KNOW HOW CHALLENGE”

VIDEO CONTEST OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 

 

THE FOLLOWING CONTEST 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 UNITED STATES AT THE TIME OF ENTRY.

 

1.  ELIGIBILITY:  The NAPA AUTO PARTS Know How Challenge Contest (“Contest”) 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 and the immediate families of employees 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 of their wholesale distributors, advertising and promotion agencies, and all retail licensees are ineligible.  By participating in this Contest, entrants agree to be bound by these Official Rules (“Official Rules”), which are final and binding in all respects.

 

2.  CONTEST TIMING:  The Contest is divided into two (2) phases.  The phases are defined as follows:

 

Phase	Start Date/Time	End Date/Time
Submission	02/01/13, 1:00:00 p.m. ET	03/03/13, 11:59:59 p.m. ET
Fan Voting	03/04/13, 12:00:00 a.m. ET	03/10/13, 11:59:59 p.m. ET

 

The Sponsor’s designated official judging organization’s computer is the official time keeping device for this Contest.

 

3.  THE CONTEST:  The Contest invites the entrant to upload a video NOT to exceed one (1) minute in length.  Entries must be in an acceptable format as described within the Website; must be in English; and must correspond to one of the categories as defined in Rule #4. Entries will be posted to the Website (defined below) for Fan Voting.  For each Category, the entry receiving the highest number of votes will receive a Category Prize.  For each Category,  the top three (3) entries with the highest number of votes will advance to the Grand Prize Judging to determine the Grand Prize winner.  The judging will be conducted by an independent panel of judges (“Panel”) provided by Sponsor.  See below for details.

 

4.  TO ENTER:  During the Submission Phase, visit the “NAPA KNOW HOW Contest” application at http://www.facebook.com/NAPAKNOWHOW (“Website”) and follow the online instructions to submit your video and complete the online registration form (an “Entry”). 

 

The five (5) Categories are:

 

1. Sports and Games Theme: submit an original video of you engaging in some type of sports activity (examples include: submit a video of you making a lot of 3 point shots in a row, or show a game you and your friends play).

2.  Bacon and Barbecue Theme: submit an original video involving bacon or barbecue (examples include: submit a video your manliest BBQ trick or your wildest bacon BBQ recipe).

3. Things that Go Fast:  submit an original video involving your car or other vehicle (examples include: submit a video tour of your tricked-out vehicle/RV).

4. Dogs and Manly Cats Theme: submit an original video of your dog or cat (examples include: show why your dog is man’s best friend, or make a case for why your cat is manly).

5. The Great Outdoors Theme: submit an original video of the great outdoors (examples include: submit a video of your catch, a recipe for cooking in the great outdoors, or some great tips for surviving in the wild).

 

All Entries must be received and recorded during the Submission Phase.  No other form of entry is valid.  You may only enter once across all categories per Facebook ID.  Your Entry will only be included in the Voting and Judging for the Category in which it was received and recorded by Sponsor's computer.  See Rule #5 for additional Entry Guidelines.  Entry must comply with these Official Rules.  Sponsor reserves the right, but not the obligation, to review any Entry for violation of these Official Rules and may, at its sole discretion, reject, delete, or otherwise exclude an Entry for any reason, including without limitation, if the Entry contains any Prohibited Content (as defined in Rule #5) or any other commentary or material which Sponsor, in its sole discretion deems inappropriate. 

 

5.  ENTRY GUIDELINES & PROHIBITIED CONTENT:  Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.  Sponsor shall have 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 now known or hereafter devised throughout the World in any manner whatsoever and for any purpose. Entries that are not in accordance with the guidelines as stated herein on the Website or are not received during the Submission Phase will be ineligible.  Entries cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, reference or contain nudity or any materially dangerous activity; (b) promote use of alcohol, drugs, tobacco, firearms/weapons (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group (d) infringe third party trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than NAPA AUTO PARTS), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) infringe any copyrighted materials owned by others; (f) reference names, photographs or other indicia identifying any person, living or dead, without permission, (h) depict and cannot itself be in, violation of any law; and (g) depict anyone who is under 18 years of age. 

 

By submitting an Entry you warrant and represent that: (a) it is your original work, (b) it has not been previously published, (c) it has not received previous awards, (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained permission from a person whose name or likeness is used in the Entry, if any, and (f) publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights.  If you submit an Entry that includes likenesses of third parties or contains elements not owned by you (such as, but not limited to, depictions of persons, buildings, trademarks or logos), you must be able to provide legal releases for use in a form satisfactory to Sponsor, upon request, prior to using your Entry.  Entrants will indemnify and hold harmless Sponsor from any claims arising out of or in connection with your violation of any of these Official Rules. 

 

If you think that any Entry infringes your intellectual property rights, click here if you wish to report it www.napaonline.com/DMCA.  Sponsor reserves the right to, and may or may not, monitor/screen Entries prior to posting them to the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit.

 

ENTRIES POSTED TO THE WEBSITE WERE 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.

 

Any Entry that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication is ineligible.  Incomplete, illegible, false, deceptive or garbled Entries are not eligible. 

 

By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, that it will not place Sponsor under any obligation other than as stated in these Official Rules, that Sponsor is free to publish 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.

 

6.  FAN VOTING PHASE:  The public will be invited to vote for the Entry that he or she believes is the best Entry in each category.  You will have to “Like” the NAPA Fan Page on Facebook before submitting your vote.  Select the “Vote” button for your favorite Entries (one (1) per category) and click “Submit” to cast one (1) vote each for those Entries. Limit: one (1) vote per person/email address per every 24 hours.  Any votes that exceed these limits or votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process, as determined by Sponsor in its sole discretion, will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Entrants engaging in any of the foregoing activities may be disqualified, will forfeit any prize(s) won, and all associated Entries and/or votes which are the subject of such fraudulent or inappropriate means will be void.

 

The top Entry receiving the most votes, in each category, will receive a Category Prize.  The top three (3) Entries receiving the most votes, in each category, will advance to the Grand Prize Judging as defined below.  In the event of a tie, a new consumer voting period (as determined by Sponsor) will be conducted from among all tied Entries to determine the Entry(ies) that will advance to the Grand Prize Judging phase. 

 

7.  GRAND PRZE JUDGING:  The top three (3) Entries receiving the highest number of votes, in each category, will be judged by the Panel (as defined above in Rule #3) based on the following judging criteria (“Judging Criteria”): (a) 50% creativity; (b) 30% adherence to the category theme; (c) 20% video composition.  The decisions of the Panel are final in all aspects of the Grand Prize Judging.  The entrant who submitted the Entry receiving the highest cumulative score awarded by the Panel will be deemed the Grand Prize winner, subject to verification.  In the event there is a tie, Sponsor will select a new Panel who will determine the Grand Prize winner by re-judging the tied Entries based on the Judging Criteria stated above until the tie is broken.  Grand Prize winner will be announced on or about March 20, 2013.

 

8.  PRIZE DETAILS:  Grand Prize – Determined by Grand Prize Judging (1):  $5,000 awarded in the form of a check made payable to winner.  Category Prizes – Determined by Fan Voting (5 total, 1 per Category):  $250 awarded in the form of a check made payable to winner.  Total value of all prizes is up to $6,250.  Limit one (1) Category Prize per person/household.

 

In addition to any prizes which will be awarded above, the first One Hundred (100) eligible entrants who enter the contest will receive a NAPA AUTO PARTS Racing Cap signed by Martin Truex, Jr.  Autographs have no cash value.  ARV: $2.99 each. 

 

9.  WINNER NOTIFICATION:  Unclaimed prizes will not be awarded.  Grand Prize winner will be notified by phone, email or mail.  Grand Prize winner will be required to complete, sign, have notarized and return an affidavit of eligibility and liability and publicity release within seven (7) days of prize notification.  In the event of noncompliance within this time period, prize may be forfeited and an alternate winner selected.  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.  Any prize notification or prize returned to the Sponsor or its agencies as undeliverable may result in disqualification and the awarding of that prize to an alternate winner.  Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.  Winner may not substitute or transfer prize but Sponsor reserves the right to substitute prizes with prizes of equal or greater value.  This Contest 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.  Sponsor shall provide Grand Prize winner with a 1099 form for the retail value of the prize.

 

10.  LIMITATIONS OF LIABILITY AND RELEASE:  Neither the Sponsor nor its agencies are responsible for lost, late, misdirected, unintelligible, returned or undelivered Entries, votes, 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 Contest or Website, or Facebook Page, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate the Facebook Page’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 Contest, 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 Contest.  Should any portion of Contest 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 Contest, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest, and select the winners from valid, non-suspect Entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor.  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 contest or in any Contest-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. 

 

11.  You grant to Sponsor an exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, sub-licensable right and license to exploit your Entry in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party, for any purpose, including, without limitation, your Entry and any person’s property (physical, personal, and indicia) contained therein.  The foregoing grant includes, without limitation, the right to reproduce, alter, amend, broadcast, edit, publish, use, merchandise, license, sublicense, and adapt the Entry in any and all media now or hereafter known, throughout the world, for any purpose, whether commercial in nature or otherwise, including in contexts and circumstances that result in your Entry being associated with a particular Sponsor or Sponsors. Accordingly, you hereby waive any objection to, such use, distribution, reproduction or display of your Entry, and any claim for compensation whatsoever in connection therewith. Such waiver shall include any claim for infringement of any so-called “Moral Right,” “Droit Moral” or similar right or interest. 

 

12.  BINDING ARBITRATION:  Any controversy or claim arising out of or relating to this 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 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 CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.  BY PARTICIPATING IN THIS 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) 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.

 

13.  GOVERNING LAW & JURISDICTION: These Official Rules and the Contest 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 Contest Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, 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 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Atlanta, Georgia.

 

14.  WINNERS LIST:  For the names of the winners, hand print your name and complete address on a 3” x 5” card and mail to:  NAPA AUTO PARTS “Know How Challenge” Video Contest Winner’s List, P.O. Box 3000, Dept. 949-700, Young America, MN 55558-3000, for receipt by April 10, 2013.

 

SPONSOR: NAPA AUTO PARTS, 2999 Circle 75 Parkway, Atlanta, GA 30309.

 

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.  Any questions, comments or complaints regarding this promotion shall be directed to sponsor and not to Facebook.  You understand that you are providing your information to Sponsor and not to Facebook. The information you provide will only be used as provided in Sponsor's privacy policy, located at http://www.napaonline.com/privacy-policy.aspx.  If you are selected as a winner, your information may also be included in a publicly-available winner’s list.

© NAPA AUTO PARTS 2999 Circle 75 Parkway, Atlanta, GA 30309