MOOG® Problem Solver Contest (“Contest”)
2019 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 50 UNITED STATES, DISTRICT OF COLUMBIA, PUERTO RICO AND U.S. TERRITORIES, AND CANADA (EXCLUDING QUEBEC). DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES, DISTRICT OF COLUMBIA, PUERTO RICO AND U.S. TERRITORIES, OR CANADA (EXCLUDING QUEBEC) AT THE TIME OF ENTRY. VOID IN QUEBEC AND WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAWS AND REGULATIONS.
1. ELIGIBILITY: Open to legal residents of the fifty (50) United States, the District of Columbia, Puerto Rico and U.S. Territories, and Canada (excluding Quebec) who are 18 years of age or older, and of 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; 21 in Puerto Rico) 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 Quebec and where prohibited.
2. CONTEST ENTRY PERIOD: The Contest begins on October 1, 2019 at 12:00:01 a.m. Eastern Time (“ET”) and ends on November 11, 2019 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: Eligible entrants are encouraged to submit two (2) photos on the Sponsor’s Website: one photo showing the looks of a problem (auto repair, home improvement, even organizing your sock drawer) before you solved it (a “Before Photo”) and one photo showing how things look after you solved the problem, (an “After Photo”). Both Before and After Photos are referred to as “Photos.” At the conclusion of the Contest Period, a panel of judges will pick the Grand Prize winner and the top ten (10) First Prize Runner-Up winners based on the criteria outlined in Section 5 below.
4. TO ENTER: During the Contest Period, eligible entrants may visit www.moogpromotions.com (the “Website”) to complete the registration form and upload both Photos (collectively, an “Entry”). Each eligible Entry may be showcased in a gallery on the Website for public viewing, in Sponsor’s sole discretion. If individuals other than the entrant clearly appear in any Photo, the entrant must have permission to submit the Photo as an Entry from each such individual, including permission for Sponsor to use the individual’s likeness, in whole or in part, in any and all media now known or hereafter developed, without limitation, and without compensation or consideration to the featured individual, whether or not such Entry is selected as a winning Entry. For your Entry to be valid, it must include a completed registration form and two (2) Photos. Any incomplete or copied/non-unique Photos/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/household/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, provided he/she is otherwise eligible to enter the Contest. 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 and judged based on the following judging criteria:
· Creativity (34%)
· Quality of Photos (33%)
· Best Effort of representation in both the Before and After Photo (33%)
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 First Prize Runner-Up 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. The Grand Prize winner and First Prize Runner-Up winners will be announced on the Website on or about December 20, 2019.
6. PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”):
One (1) Grand Prize: One (1) verified winner (“Winner”) and up to three (3) guests (individually a “Guest”, collectively “Guests”) will receive a trip to their favorite vacation spot of choice in the 48 contiguous United States. ARV: $5,000.00 USD/$6,657.75 CAD (as of August 19, 2019).
Trip package for a U.S. resident Grand Prize winner includes:
· Up to four (4) round-trip coach air transportation tickets from a major airport in the 48 contiguous United States near Winner's residence to an airport near the destination city. A Winner from Alaska, Hawaii, Puerto Rico, or another U.S. territory must initiate and conclude their prize travel from within the 48 contiguous United States. No travel outside the 48 contiguous United States is included in the Grand Prize.
· Four (4) days/three (3) nights’ hotel accommodations for up to four (two standard double occupancy rooms) in a hotel of Sponsor’s choice in the destination city.
· $500 USD pre-paid gift card to be used toward ground transportation and incidentals in the destination city.
Note: If the verified Grand Prize winner is from Canada (also a “Winner”), the Grand Prize will be awarded in the form of a check (made payable to the Canadian Grand Prize Winner) for a CAD cash equivalent based on the U.S. Grand Prize package ARV, for the Canadian Grand Prize Winner to use toward airfare, hotel, ground transportation, and incidentals. The cash equivalent amount will be less the applicable U.S. income tax (30% of the full USD ARV of the Grand Prize, or $1,500 USD), which Sponsor (or its designated agent) will remit to the U.S. IRS, in compliance with U.S. tax law. The final Canadian Grand Prize will be equal to $3,500 USD/$4,660.43 CAD (as of August 19, 2019).
Ten (10) First Prize Runner-Up prizes: a Limited Edition 100 Year MOOG® cap, ARV: $20.00 USD/$26.63 CAD (as of August 19, 2019) and a $50.00 USD Gearstore gift card to be redeemed at https://buyfmgear.com. ARV of each First Prize: $70.00 USD/$93.21 CAD (as of August 19, 2019). Total ARV of all First Prize Runner-Up Prizes: $700.00 USD/$932.09 CAD (as of August 19, 2019).
Pre-paid gift cards are subject to the restrictions, terms, and conditions set by the respective issuers.
TOTAL ARV OF ALL PRIZES: $5,700.00 USD/$7,589.84 CAD (as of August 19, 2019).
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. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner. Sponsor does not make, nor in any manner is responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize including but not limited to its quality, fitness for purpose, or technical condition.
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. A Winner from Alaska, Hawaii, Puerto Rico, or another U.S. territory must initiate and conclude their prize travel from within the 48 contiguous United States. No travel outside the 48 contiguous United States is included in the Grand Prize. Trip must be booked no later than sixty (60) days prior to the desired dates of travel and taken by December 1, 2020. Blackout dates will apply, at the discretion of the Sponsor. Sponsor does not guarantee transportation and accommodations will be available on the exact dates requested by Winner. If Winner is unable to travel by December 1, 2020, 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 Guests 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 Guests 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 eligible Guests by the designated date specified by Sponsor, the portion of the Grand Prize related to the Guests 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 Guests must originate air travel at the same location as the Winner and Winner’s Guests must travel on same dates scheduled. Winner and Guests 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 Guests 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 Guests 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 December 5, 2019 via the email address collected at the time of registration. The potential Grand Prize Winner will be required to respond via email/phone within three (3) 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 five (5) business days of attempted notification or prize may be forfeited. If any 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.
First Prize Runner-Up winners will receive their prize via mail, to the mailing address 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 for the year following your prize trip. 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 the winner information, visit www.moogpromotions.com on or about December 20, 2019.
16. SPONSOR: Federal-Mogul Motorparts LLC, 27300 W 11 Mile Road, Southfield, Michigan 48034.