QPC #partspuns Twitter Contest Rules
- 1. Quality Parts Coalition “#partspuns” Contest Official Rules NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. Eligibility: Quality Parts Coalition “#partspuns” Contest (the "Promotion") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who did not purchase any equipment, or make any other purchase, for the purposes of entering this Promotion. Employees, officers, and directors of Quality Parts Coalition, Ketchum Inc., and any of their respective parent and affiliate companies, advertising and promotional agencies, persons engaged in the development, production or distribution of materials for this Promotion, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employees, officers, and directors (whether or not related) are not eligible to enter the Promotion. Subject to all applicable federal, state, and local laws and regulations. Void outside the fifty (50) United States and the District of Columbia, and where prohibited by law. 2. Sponsor: Quality Parts Coalition, 575 7th Street, NW, Suite E11063, Washington, DC 20004 (“Sponsor”). 3. Agreement to Official Rules: Participation in this Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. 4. Timing: The Promotion begins on February 6, 2013 at 12:01 a.m. Eastern Time ("ET"), and ends on February 28, 2013 at 11:59 p.m. ET (the "Promotion Period”). 5. How to Enter: During the Promotion Period, you may enter the Promotion as follows: (1) Publish via Twitter® a “tweet” with an automotive/car-related pun; each such tweet must include the hashtag #partspun By tweeting a car pun/phrase with the #partspuns hashtag, you will receive one (1) entry into the Promotion. Limit one (1) entry into the Promotion per person per day. By tweeting with the hashtag #partspun, you agree that your submission conforms to the Submission Requirements and Restrictions set forth below, and that Sponsor, in its sole discretion, may request that Twitter remove your tweet submission (“Submission”) and may disqualify you from the Promotion if Sponsor believes that your Submission fails to conform to the Submission Requirements and Restrictions. Submission Requirements and Restrictions: All Submissions MUST: 1
- 2. Not have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means. Be in the English language Abide by Twitter’s guidelines and best practices Content Restrictions: The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; The Submission must not disparage Sponsor; its mission; its members; its members' interests or any other person or entity involved in the development and administration of the Promotion; The Submission must not contain material that is obscene, hateful, tortuous, defamatory, slanderous or libelous; The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created; and The Submission must be the entrant’s original idea (modification of an original work is not an original idea). Tweets MUST NOT copy or otherwise plagiarize from any source. Any attempt by any entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that entrant's entries and that entrant may be disqualified at Sponsor’s sole discretion. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Tweets generated by script, macro or other automated means are void. As stated in Section 9, below, tweeting with the #partspuns hashtag constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected submissions; all of which will be void. Multiple entrants are not permitted to share the same Twitter account. In the event of a dispute as to any entry/Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder. 2
- 3. 6. Winner Determination: All Submissions will be reviewed to ensure that the submitted content complies with all Submission Requirements and Restrictions set forth above. A panel of judges (“Judging Panel”) selected by Sponsor (in its sole discretion) will review and judge each eligible Submission based on the following criteria (“Judging Criteria”): Overall creativity/originality of Submission (50 percent) Quality of Submission (50 percent) o Is it an effective pun? The four (4) entrants whose Submissions were given the highest scores by the Judging Panel among all eligible entries received will be selected as the potential winners on or around March 6, 2013. In the event of a tie, the tied Submissions will be re-judged based on originality to break the tie. Potential winners will be notified by Sponsor or its agent through a message via Twitter. 7. Winner Requirements: The potential winners will be notified on or around March 7, 2013. The potential winners (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) within ten (10) days of the date notice or attempted notice is sent, in order to claim his/her prize. If the potential winners cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If the potential winners are disqualified for any reason, the prize may be awarded to the eligible entrant whose submission was given the next highest score by the Judging Panel. Up to three (3) alternate winners may be determined, after which the applicable prizes will remain un-awarded. Prize will be provided to the winner 8 – 10 weeks after end of the Promotion Period. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF A PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. 8. Prize: FOUR (4) GRAND PRIZES: $25 Amazon gift cards. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes, fees, and costs associated with prize receipt and/or use. Sponsor will not replace any lost or stolen prizes after delivered to winner. Gift cards subject to terms and condition. 9. Releases: By receipt of any prize, winner agrees to release and hold harmless the Sponsor, Ketchum Inc., and Twitter, Inc., and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents 3
- 4. (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize. EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT SUCH ENTRY, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (COLLECTIVELY, "MATERIALS") THAT ENTRANT MAY SUBMIT TO SPONSOR IN CONNECTION WITH THIS PROMOTION, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE, BY ELECTRONIC MAIL OR BY SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION, SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH MATERIALS AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE MATERIALS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD PARTY. ENTRANT HEREBY GRANTS SPONSOR A ROYALTY FREE, IRREVOCABLE, AND WORLDWIDE, IN PERPETUITY LICENSE TO USE THE MATERIALS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR USES THE MATERIALS ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE MATERIALS, AND AGREES THAT IF SPONSOR ELECT TO USE MATERIALS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT'S MATERIALS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT'S MATERIALS, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE MATERIALS CAUSES EITHER SPONSOR TO BE LIABLE TO ANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, 4
- 5. AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH THEY INCUR AS A RESULT OF THEIR USE OF THE MATERIALS. 10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Promotion, and may, in their sole discretion, void any suspect entries and award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection process described above. Sponsor, in its sole discretion, reserves the right to disqualify any individual whom Sponsor finds to be tampering with the Submission process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, processing, and/or judging of Submissions and the announcement of the prizes or in any Promotion-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry, provided that, if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to select the winner from among all eligible, non-suspect entries received up to the time of the discontinuance in accordance with the winner selection process described above. No more than the stated number of prizes will be awarded. 12. Nature of Relationship / Waiver of Equitable Relief: Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to Sponsor or being developed by its own employees and officers. Each entrant also acknowledges that many ideas may be competitive with, similar or 5
- 6. identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law 13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Columbia or the appropriate state court for the District of Columbia; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the District of Columbia without giving effect to any choice of law or conflict of law rules (whether of the District of Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the District of Columbia. 14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 28, 2013. For the Winner List, send an email with subject line: "Quality Parts Coalition “#partspuns” Contest, Winner List Request," to media@qualitypartscoalition.com. This Promotion is in no way sponsored, endorsed or administered by, or associated with Twitter. You understand that you are providing your information to Quality Parts Coalition and not to Twitter. The information you provide will only be used to determine the Promotion winners and fulfill prizes. Quality Parts Coalition shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright ©2013 Quality Parts Coalition. Any trademarks or logos used herein are trademarks of their respective owners in the United States and/or other countries. All rights reserved. 6
- 7. Quality Parts Coalition “#partspuns” Contest A B B RE V I AT E D RU L E S 1. ABBREVIATED RULES for TV and Radio NO PURCHASE NECESSARY. LEGAL RESIDENTS OF THE 50 UNITED STATES (D.C.), 18 AND OLDER WHO DID NOT PURCHASE ANY EQUIPMENT, OR MAKE ANY OTHER PURCHASE, FOR PURPOSES OF ENTERING THE PROMOTION. VOID WHERE PROHIBITED. Ends 02/28/13. For Official Rules and complete details, visit www.twitter.com/QualityPartsQPC. Sponsor: Quality Parts Coalition. 2. ABBREVIATED RULES for Print NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. LEGAL RESIDENTS OF THE 50 UNITED STATES (D.C.), 18 YEARS AND OLDER WHO DID NOT PURCHASE ANY EQUIPMENT, OR MAKE ANY OTHER PURCHASE, FOR PURPOSES OF ENTERING THE PROMOTION. VOID WHERE PROHIBITED. Ends 02/28/13. For Official Rules and prize descriptions, visit www.twitter.com/QualityPartsQPC. Sponsor: Quality Parts Coalition. 3. Abbreviated rules for online Ads – Banner NO PURCHASE NECESSARY. Ends 02/28/13. To enter and for Official Rules, visit www.twitter.com/QualityPartsQPC. 4. Abbreviated Rules for online Ads – Not a Banner NO PURCHASE NECESSARY. Legal residents of the 50 United States (D.C.), 18 years or older who did not purchase any equipment, or make any other purchases, for purposes of entering the Promotion. Ends 02/28/13. To enter and for Official Rules, including prize descriptions, visit www.twitter.com/QualityPartsQPC. Void where prohibited. 7