Black Magic® Wheels and Tires Giveaway Sweepstakes at Advance Auto Parts (The “Sweepstakes”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT, OR OPT-IN TO MAILING LIST WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
- SPONSOR: This Sweepstakes is offered and sponsored by ITW Global Brands (“Sponsor”), 6925 Portwest Drive, Suite 100, Houston, Texas 77024. Advance Auto Innovations, LLC d/b/a Advance Auto Parts (“Advance Auto Parts”) is NOT a sponsor of the Sweepstakes.
- ADMINISTRATOR: The Sweepstakes is administered by Unified Resources, Inc. (“Administrator”), 10665 Richmond Avenue, Suite 130, Houston, Texas 77042.
- ELIGIBILITY: The Sweepstakes is open to legal residents of the United States of America, the District of Columbia, Puerto Rico, and US Virgin Islands. Persons residing in other jurisdictions are not eligible to enter the Sweepstakes. You must be at least eighteen (18) years of age at time of entry, or the legal age of majority in your jurisdiction, whichever is greater. Officers, directors, and employees of Sponsor or Advance Auto Parts, and members of their immediate families (biological, step or in-law) including parent, grandparent, child, sibling, or spouse of any of the foregoing (regardless of where they live) or households of any of the above, whether related or not, IRS dependents, and household members of Sponsor, Administrator, and their respective parents, affiliates, subsidiaries, advertising, promotion, and web design agencies, and all other entities involved in the creation, administration, or fulfillment of the Sweepstakes, are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
- SWEEPSTAKES PERIOD: The “Sweepstakes Period” begins on May 28, 2017, at 12:01 AM Central Time (“CT”) and ends on September 27, 2017 at 11:59 PM CT (“Closing Date”). The Administrator’s server is the official time-keeping device for the Sweepstakes.
- HOW TO ENTER – BY TEXT: To enter the Sweepstakes, send the word “BLACKMAGIC” as an SMS text message from your mobile device to shortcode 55678 (the “Play”). Participants must have a mobile phone with text messaging capabilities to play by text message. Some mobile providers may block messaging to short codes. Not all wireless carriers participate. Standard message and data rates will apply. Check with your wireless service provider for details on these and other applicable charges. Participants are solely responsible for any such message, data, and wireless charges. Each SMS Sweepstakes text entry will generate a text response. This text response will contain an “opt-in” to receive additional offers by email in which entrant can elect to participate by reply texting their email address. Opting-in to receive additional promotional offers by email will not increase one’s chances of winning. Text HELP for help. Text STOP to discontinue reply texts. Proof of text message does not constitute proof of delivery or Play. Participation constitutes entrant’s unconditional agreement to these Official Rules and to Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. You may receive reply messages.
HOW TO ENTER – BY MAIL: You may also enter the Sweepstakes by mail as follows. On a plain 3″ x 5″ index card, legibly handprint or type your first name, middle name (if any), last name, date of birth, complete address, city, state, zip code, phone number (including area code), and email address (if any) and mail your completed 3″ x 5″ card to:
Black Magic Rebate Offer
PO Box 771527
Houston, TX 77215
To be considered eligible to participate, mail entries must be postmarked during the Sweepstakes Period and received by October 1, 2017. Sponsor is not responsible for lost entries.
Limit one (1) entry per person per day regardless of method of entry.
- MOBILE DEVICE TERMS: In the event of a dispute over the identity of a mobile device entrant, the entry will be deemed submitted by the Authorized Account Holder of the mobile device at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to a mobile device by its respective wireless service provider. If a dispute cannot be resolved to the Administrator’s satisfaction, the entry will be deemed ineligible. Participation in this Sweepstakes by mobile device means that entrant understands that he or she may receive additional text messages from Sponsor relating to this Sweepstakes as well as text messages relating to future offers if entrant elects to “opt-in” (see “Entrant’s Personal Information,” below). Entrant further understands that any such text messages will be subject to the charges imposed by entrant’s carrier’s rate plan. Proof of sending (such as a “thanks for entering” reply message) does not constitute proof of actual receipt by Administrator of an entry for purposes of this Sweepstakes. Only eligible entries actually received by Administrator before the Closing Date will be included in the Sweepstakes drawing.
- WINNER SELECTION & ODDS OF WINNING: On or around October 6, 2017, a random drawing will be held from all eligible entries received during the Sweepstakes Period to select three (3) “Grand Prize Winners,” ten (10) “Second Place Prize Winners,” and twenty-five (25) “Third Place Prize Winners” (collectively, “Prize Winners.”). The drawing will be conducted by Administrator, and Administrator’s decisions will be final in all matters pertaining to the random drawing. The odds of winning any Prize depends on the total number of eligible entries received during the Sweepstakes Period. The potential Prize Winners will be subject to verification by Sponsor or Administrator of eligibility and compliance with these Official Rules. The potential Prize Winners will be required to sign and return to the Administrator an Affidavit of Eligibility and a Liability and Publicity Release (where permitted) (“Affidavit”) after each Prize Winner is notified that she/he is a potential Prize Winner. The potential Prize Winners must sign and return Affidavit within a timely manner, as stipulated by the Administrator. An entrant is not a winner of any prize until entrant’s eligibility as a Prize Winner has been verified, entrant has been notified that verification is complete, and entrant has complied with the terms and conditions of these Official Rules.
- AWARDING OF PRIZE: A representative of Administrator will notify each potential Prize Winner by email and/or telephone―at the same email and/or telephone number through which the text entry was received or at the email and/or home phone number provided on the mailed entry. Three (3) attempts will be made within a one 24-hour period to contact each potential Prize Winner. If any potential Prize Winner does not respond to Administrator within the 24-hour allotted time period, Administrator will randomly select an alternate potential Prize Winner, and the same process will be repeated until all the Prize Winners are contacted and all the Prizes are awarded. Sponsor is not responsible for contacting a participant if that participant has changed contact information and failed to provide Sponsor or Administrator with the proper contact information when such information is required. At the sole discretion of the Sponsor or Administrator, forfeiture of any of the Prizes and the selection of an alternate Prize Winner may result from any of the following: (a) a potential Prize Winner’s failure to respond to notification within the specified response period; (b) a potential Prize Winner’s failure to provide Administrator with satisfactory proof of age, identity, and residence; or (c) any non-compliance with these Official Rules.
- PRIZE/APPROXIMATE RETAIL VALUE (ARV): There will be three (3) Grand Prize Winners. The Grand Prize Winners will each be awarded one set of wheels and tires consisting of four (4) Hankook Tires, Model Ventus RS-4, and four (4) Fifteen52 Formula Class GT cast wheels (“Grand Prize”). ARV of all Grand Prizes: $4,500.
Ten (10) Second Place Prize Winners will each be awarded one (1) case of Intense Wheel Cleaner (SKU 120080) and one (1) case of Intense Tire Cleaner (SKU 120081) (“Second Place Prize”). ARV of all Second Place Prizes: $720.
Twenty-five (25) Third Place Prize Winners will each be awarded one (1) $50 gift card to Advance Auto Parts (“Third Place Prize”). ARV of all Third Place Prizes: $1,250.
Total ARV of all Prizes (collectively, “Prizes”): $6,470.
- PRIZE RESTRICTIONS: All Prize Elements – Sponsor reserves the right to substitute a prize of equal or greater value if all or part of the advertised Prizes are unavailable or cannot reasonably be provided for any reason. Each Grand Prize Winner may request cash value of Grand Prize (ARV: $1,500) instead of the one set of wheels tires described in Section 10, and Sponsor will grant Grand Prize Winner’s request in Sponsor’s sole and absolute discretion. No other substitution or transfer of prize by winner is permitted. Each Prize Winner will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the Prize he or she receives, regardless of whether it, in whole or in part, is used.
If any Prize is lost, destroyed, or stolen it will not be replaced. The Third Place Prize gift cards are subject to the terms of the issuer.
THE PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
- RELEASE: By entering, participants agree to release, discharge, indemnify, defend, and hold harmless, Sponsor, Administrator, and Advance Auto Parts, and their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, members, employees, agents, and agencies, (“Released Parties”) from and against any demands, claims, liability, costs, losses, damages, or cause of action, including, without limitation, personal injury, death, or damage to or loss of property, arising out of, in whole or part, directly or indirectly, from participating or attempting to participate in the Sweepstakes or from acceptance, possession, misuse, use, or award of the Prizes. The Prize Winners shall bear all risk of loss or damage to the Prizes after they have been delivered.
- PUBLICITY: Except where prohibited by applicable law, acceptance of each Prize constitutes each Prize Winners consent to Sponsor’s use of that Prize Winner’s name, likeness, photograph, voice, biographical information, statements, and/or home state for advertising and promotional purposes in any media, worldwide, without remuneration for said use.
- GENERAL CONDITIONS: Sponsor and Administrator each reserve the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s or Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor or Administrator in either of their sole discretion. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor and Administrator reserve the right to seek damages from any such person to the fullest extent permitted by law. In the event any Prize Winner engages in behavior that (as determined by Sponsor or Administrator or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, Sponsor reserves the right to terminate the Sweepstakes or withdraw that Prize Winner’s Prize.
- LIMITATIONS OF LIABILITY: The Sponsor and Administrator are not responsible for any incorrect or inaccurate information, whether caused by website or mobile device users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation, or transmission (including text message transmission), communications line failure, theft or destruction, or unauthorized access to the website. The Sponsor and Administrator are not responsible for injury or damage to entrant’s or to any other person’s mobile device related to or resulting from participating in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor or Administrator, in the sole opinion of Sponsor or Administrator, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor and Administrator reserve the right in their sole discretion to cancel, terminate, modify, or suspend this Sweepstakes and select Prize Winners from entries received prior to the action taken or in such other manner as Sponsor or Administrator may deem fair and appropriate.
IN NO EVENT WILL SPONSOR OR ADMINISTRATOR, ANY PARTICIPATING PROMOTIONAL COMPANIES, RELEASED PARTIES, OR PRIZE PROVIDERS, OR THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES, SOLE NEGLIGENCE, OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, LOST PROFITS, CONSEQUENTIAL, OR PUNITIVE, MULTIPLE, OR ADDITIONAL DAMAGES.
- DISPUTES: Except where prohibited by applicable law, entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before the appropriate Texas federal or state courts located in Harris County, Texas. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, indirect, lost profits, or consequential damages, or any other damages, including attorneys’ fees, and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Sweepstakes, or the rights and obligations of the participant and Sponsor or Administrator in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas. By entering, entrants consent to the exclusive jurisdiction and venue of the federal and state courts located in Harris County, Texas.
- WINNER LIST: The name of the Prize Winner (“Winner List”) may be requested only after the Closing Date and no later than December 27, 2017. To receive the Winner List, send request to Black Magic Rebate Offer, P.O. Box 771528, Houston, TX 77215.
- ADMINISTRATION OF SWEEPSTAKES: The Administrator’s administration and operation of the Sweepstakes and the selection of the potential Prize Winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winner from all eligible entries received on or before the Closing Date.