Contest Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR THE 48 CONTIGUOUS 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 ALASKA, HAWAII, QUEBEC AND WHERE PROHIBITED. Subject to all applicable federal, state, PROVINCIAL, and local laws and regulations.
1. Eligibility: Open to legal residents of the forty-eight (48) contiguous United States, the District of Columbia, or Canada (excluding Quebec) who are 18 years of age or older, and the age of majority in their state/province/territory of residence (19 in Alabama and Nebraska, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Yukon, Nunavut and the Northwest Territories) at the time of entry. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of Federal-Mogul Motorparts LLC (“Sponsor”), their parent, subsidiary, and affiliated companies, and the web design, advertising, fulfillment, legal, judging, administrative, and contest agencies involved in the administration, development, fulfillment, and execution of this Contest (collectively, “Contest 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 Contest). Void in Alaska, Hawaii, Quebec and where prohibited.
2. Contest Entry Period: The Contest begins on June 19, 2017 at 12:00:01 a.m. Eastern Time (“ET”) and ends on August 25, 2017 at 11:59:59 p.m. ET (the “Contest Period”). The Website (as defined below) server is the official clock for this Contest.
3. Assignment Overview: Consumers are encouraged to take a photo that depicts “something they would brake for” (a “Photo”), and upload the Photo, along with completing a caption (“Caption”) of what they brake for and the #ThingsWorthBrakingFor hashtag on the Sponsor’s Website. A panel of judges will pick the Grand Prize winner and the top ten (10) Honorable Mention winners based on the criteria outlined in Section 5 below.
4. To Enter: During the Contest Period, eligible entrants may visit www.WagnerBrake.com (the “Website”) to complete the registration form and upload one (1) Photo, with the required Caption, that depicts “what they brake for” for one (1) entry into the Contest (together, an “Entry”). Each eligible Entry will be showcased in a gallery on the Website. If individuals other than the entrant clearly appear in the picture, the entrant must have the permission to use the image from each individual in any and all media without compensation. For your Entry to be valid, it must include completion of the registration form, uploading one (1) Photo, and a Caption that is fifty (50) words or less and contains the hashtag #ThingsWorthBrakingFor. Any incomplete Entries will be considered ineligible. Standard data rates may apply if you access the Website from your mobile device, and you are solely responsible for any such charges.
Limit one (1) Entry into the Contest per person/email address per day. For the purposes of this Contest, each day starts at 12:00:00 a.m. ET and ends at 11:59:59 p.m. ET, except the first day which starts at 12:00:01 a.m. ET. Each Entry must be unique. Automated means of participation are prohibited and any use of automated devices will cause disqualification. Enter using only the email account registered in your name. In the event of a dispute regarding the identity of the entrant, the natural person associated with the email account associated with the Entry will be considered the entrant. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions. For your Entry to be valid, you must complete and submit all required information.
All Photos must be 4MB or less, and in one of the following file formats: jpg or png. Entries will be reviewed for content eligibility and compliance with these Official Rules before judging occurs. 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 including as an Entry in this Contest; 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; and may not contain any copyrighted works owned by third parties. 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. Each Entry must be suitable for display and publication in all forms of media, including but not limited to the Internet, the World Wide Web, print, radio, and network, cable or satellite television broadcast. Entrant acknowledges and agrees that all decisions of Sponsor are final and binding. Submission of an Entry grants Sponsor and its agents the unconditional, irrevocable, worldwide right and license to publish, use, adapt, edit, and/or modify the Entry in any way, including each component of the Entry, together or separately, in whole or in part, in any and all media, now known or hereafter developed, without limitation, and without compensation or consideration to the entrant, whether or not such Entry is selected as a winning Entry.
BY SUBMITTING AN 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 ENTRY IN ANY WAY AND POST THE ORIGINAL ENTRY ON THE INTERNET OR USE THE ENTRY IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S SOLE DISCRETION. Sponsor reserves the right to, and may or may not monitor/screen Entries prior to posting them on the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit.
5. Criteria and Selection of Winners: At the end of the Contest Period, each eligible Entry will be reviewed by a qualified panel of judges appointed by the Sponsor, based on the following judging criteria:
- Creativity (33%)
- Originality of Caption and Photo (33%)
- Photo Quality (34%)
Each Entry will be assigned a score based on each judging criteria and the Entry with the highest total score will be declared the Grand Prize winner (“Winner”), subject to verification. The ten (10) Entries with the next highest total scores will be declared the Honorable Mention winners, subject to verification. In the event of any tie, the tie breaker will be based on the highest score in the first judging criterion, continuing thereafter to each judging criterion in order, as needed to break the tie. Entrants agree that the judges and Sponsor have the sole right to decide all matters and disputes arising from this Contest and that all decisions are final and binding in all respects. Winner notification may be made the next business day after the judging date.
6. Prizes and Approximate Retail Values (“ARVs”):
One (1) Grand Prize: One (1) winner (“Winner”) and one (1) verified travel guest (“Guest”) will receive a Weekend Getaway package to one of the following cities of their choice: Chicago, IL; Boston, MA; Nashville, TN; Charleston, SC; Austin, TX; Seattle, WA; New Orleans, LA; San Diego, CA; Denver, CO. ARV: $4,500.00 USD, $6,190.88 CAD (as of 5/4/17).
Weekend Getaway package includes:
- Two (2) round-trip coach class air transportation tickets from a major airport in the 48 contiguous U.S./D.C. near Winner's residence to the destination city airport.
- Four (4) days/three (3) nights’ hotel accommodations (standard room; double occupancy) in a hotel of Sponsor’s choice in the destination city.
- $750 USD pre-paid gift card, to be used for meals, ground transportation, and incidentals in the destination city.
Note: If the verified Grand Prize Winner is a resident of Canada, the prize will be awarded as a $4500.00 USD cash equivalent for the Canadian Grand Prize Winner to use toward airfare, hotel, meals, ground transportation, and incidentals. The cash equivalent will be less the applicable U.S. income tax (30% of the full ARV of the Grand Prize), which Sponsor (or its designated agent) will remit to the U.S. IRS in compliance with U.S. tax law. The cash equivalent, after taxes, will be $3,150 USD/$4,333.61 CAD (as of 5/4/17), awarded in the form of a cheque made payable to the Winner.
Ten (10) Honorable Mention Prizes: Ten (10) Honorable Mention winners will receive a one-year paid subscription to an online music streaming service, awarded in the form of an e-gift code for use on the applicable service. ARV: up to $120.00 USD/$165.09 CAD each.
Pre-paid gift cards and e-gift codes are subject to the restrictions, terms, and conditions set by the respective issuers.
TOTAL ARV OF ALL PRIZES: $5,700.00 USD/$7,841.78 CAD (as of 5/4/17).
7. Prize Restrictions: Limit one (1) prize per person/email address/household. Prizes are non-transferable and no prize substitution permitted, except for a Canadian Grand Prize Winner, as described herein, at the sole discretion of the Sponsor. If a prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of equal or greater value.
U.S. resident Grand Prize Winner: Actual value of Grand Prize may vary depending on the Winner’s point of travel origin, airfare, and hotel fluctuations. Any difference between the stated ARV and actual value will not be awarded. Airport, airline, and hotel accommodations will be determined by the Sponsor. Travel must be booked by November 30, 2017 and taken by 2/28/18. Blackout dates will apply, at the discretion of the Sponsor. Winner must notify Sponsor of desired dates of travel no later than sixty (60) days prior to the desired date of departure. Sponsor does not guarantee transportation and accommodations will be available on the exact dates requested by Winner. If Winner is unable to travel by 2/28/18, the Grand Prize may be forfeited and an alternate Winner may be selected, in Sponsor’s sole discretion. Winner will be required to provide a credit card at time of hotel check-in to cover hotel incidentals. Grand Prize Winner and Guest must provide their own transportation to and from the departure airport. If in the judgment of the Sponsor, air travel is not required due to Winner’s proximity to destination, Winner and Guest will receive ground transportation to the destination city in lieu of air transportation, and no compensation will be given for such substitution.
If Grand Prize Winner does not designate an eligible Guest by the designated date specified by Sponsor, the portion of the Grand Prize related to the Guest will be forfeited. Once a Guest is selected, he or she may not be substituted, except in Sponsor’s sole and absolute discretion. A minor may accompany Winner as a Guest only if the Winner is the minor’s parent or legal guardian. If Guest is a minor, the release of liability/publicity must be completed and signed by Guest’s parent or legal guardian. A minor going on the prize trip must be accompanied by a parent or legal guardian at all times. Winner’s Guest must originate air travel at the same location as the Winner and Winner’s Guest must travel on same dates scheduled. Winner and Guest must comply with all security requirements for travel and are solely responsible for obtaining all necessary travel documents prior to departure date for travel (e.g., a valid driver’s license or passport, as applicable). Winner and Guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor will not obtain or provide travel insurance or any other form of insurance. Winner and Guest must sign and return a release of liability/publicity before travel is booked.
Travel arrangements are subject to availability and must be round trip. Flight itinerary may include one or more stops and/or layovers. All airfare fees, luggage fees, hotel fees, meals, ground transportation, gratuities, excursions fees, alcoholic beverages, and any other incidental costs or other expenses associated with the Grand Prize and not specifically set forth herein are the sole responsibility of Winner. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Airline tickets are subject to flight variations, work stoppages, and schedule or route changes. The Sponsor will not be responsible for any cancellations, delays, diversions or substitution or any act or omission whatsoever by the air carriers, hotels, venue operators, transportation companies, or any other persons providing any Grand Prize-related services or accommodations. No refund or compensation will be made in the event of the cancellation or delay of any flight. The Sponsor will not be liable for any loss or damage to baggage. Additional Grand Prize details and travel information to be provided to the Winner at the time of notification. Lost, stolen, or damaged airline tickets will not be replaced or exchanged.
8. Winner Notification and Prize Claim: Potential winners are subject to verification, including verification of age. The potential Grand Prize Winner will be contacted on or about September 1, 2017 via the email address collected at the time of registration. The potential Grand Prize Winner will be required to respond via email/phone within two (2) business days of the attempted notification to claim the Grand Prize. Upon Sponsor’s receipt of the potential Grand Prize Winner’s return response, the potential Grand Prize Winner will be sent, via email, and required to complete, sign, and return an Affidavit/Declaration of Eligibility/Liability Release, Guest Release, W-9/W8-BEN, and, where lawful, a Publicity Release, within three (3) calendar days of attempted notification or prize may be forfeited. If a potential Winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification is returned as undeliverable, the potential Winner will be disqualified. In the event that a potential Winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant, time permitting, who will also be selected in accordance with the Contest criteria and selection process, even if the disqualified potential Winner’s name may have been publicly announced. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Sponsor has no obligation to post any information regarding the award of prizes on the Website or elsewhere or to give out such information by telephone, fax, mail, email or by any other means of communication, but may do so it its sole discretion.
Honorable Mention prizes will be sent to the Honorable Mention winners via email to the email addresses provided at time of registration, or via traceable means of mail provided at time of registration, within 6-8 weeks after the end of the Contest Period.
Taxes: All winners are solely responsible for any federal, state, local, or provincial taxes on any and all prizes awarded to them, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.
For U.S. Grand Prize Winner Only: Winner will be issued an IRS 1099 form for the Grand Prize value in the month of January following the year your trip is completed. As a condition of winning, the potential Grand Prize Winner will be required to complete a W-9 Tax Form, and will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law.
For Canadian Grand Prize Winner Only: As a condition of winning, the potential Grand Prize Winner will be required to complete a W-8BEN U.S. Tax Form and will be required to furnish his/her social insurance number for the sole purpose of preparation of any U.S. tax forms as required by law.
9. General Conditions: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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 Contest 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 Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Contest. If, in Sponsor’s sole discretion, any portion of the Contest is not capable of running as planned for any reason, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest without notice and, if terminated, at its sole discretion, select winner(s) for the Contest from among all non-suspect, eligible Entries received prior to cancellation of the Contest in a manner deemed fair and appropriate by Sponsor. In the event that an Entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another Entry into the Contest.
10. Limitations of Liability and Release: No liability or responsibility is assumed by Sponsor or Contest Parties, (collectively, “Releasees”) resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest 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 Contest: 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 Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Contest. Sponsor is not responsible for any typographical errors in the announcement of the prizes 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 Contest, use of the Website or the download of any information from the Website, or any other loss related to user’s participation in the Contest or receipt of any prize. As a condition of entering, entrants agree to release Releasees from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Contest and the awarding, receipt, possession, and/or use or misuse of any prize including any travel related thereto.
11. Binding Arbitration: These Official Rules, the Contest and any cause of action arising from the Contest shall be governed by and construed in accordance with the laws of the State of Michigan (exclusive of its choice of law provisions). Any controversy or claim arising out of or relating to these Official Rules or the Contest 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, 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. 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 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, 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.
12. Publicity: Except in Tennessee, and where prohibited by law, by accepting a prize, winners 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.
13. 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan, 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 for the resolution of any matters or proceedings which are not subject to arbitration as set forth in Section 11 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.
14. Winners List: For a list of winners, send an email request to email@example.com. Winners list will be available 30 days after all winners are deemed official, which will be on or about 10/1/17.
16. Sponsor: Federal-Mogul Motorparts LLC, 27300 W 11 Mile Road, Southfield, Michigan 48034.