Pep Boys Cruisin’ With the Boys Sweepstakes (“Sweepstakes”)
2017 OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR THE 48 CONTIGUOUS UNITED STATES AND DISTRICT OF COLUMBIA. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID IN ALASKA, HAWAII AND WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
1. ELIGIBILITY: Open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia, who are 18 years of age or older, and the age of majority in their state of residence (19 in Alabama and Nebraska) at the time of entry. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of The Pep Boys – Manny, Moe & Jack (“Sponsor”), their parent, subsidiary, and affiliated companies, Federal-Mogul Motorparts, LLC, and the web design, advertising, fulfillment, legal, administrative, and Sweepstakes agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes 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 Sweepstakes). Void in Alaska, Hawaii and where prohibited.
2. SWEEPSTAKES PERIOD: The Sweepstakes begins on August 7, 2017 at 12:00:01 a.m. Eastern Time (“ET”) and ends on September 4, 2017 at 11:59:59 p.m. ET (the “Sweepstakes Period”). The Website (as defined below) server is the official clock for this Sweepstakes.
3. TO ENTER: During the Sweepstakes Period, eligible entrants may visit the Sweepstakes registration page on the Sponsor’s website at www.PepBoys.com (the “Website”) to complete the registration form with their full name, mailing address (no P.O. boxes), and email address, and upload one (1) Photo and choose a designed filter with the original Manny, Moe and Jack to receive one (1) entry into the Sweepstakes (together, an “Entry”). If individuals other than the entrant clearly appear in the Photo, the entrant must have permission from each individual to use, share, and display the Photo in any and all media without compensation. For an Entry to be valid, entrant must complete the registration form with all required information and the upload one (1) Photo. 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. Photos will not be judged.
Limit one (1) unique Entry per person/email address per day. For the purposes of this Sweepstakes, 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 may be reviewed for content eligibility and compliance with these Official Rules before posting to the gallery at the Website in Sponsor’s sole discretion. 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 Sweepstakes; 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 Sweepstakes 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 non-exclusive, perpetual, irrevocable, world-wide royalty-free license (and waive all moral rights in and to the Entry and Photo) to display, reproduce, distribute, publish, perform, edit, otherwise use the Entry and Photo for advertising and promotional purposes, including the display of the Entry and/or Photo on Sponsor’s website(s), Facebook and/or Twitter pages, Instagram and/or Pinterest channels and/or any other social media platforms in connection with this Sweepstakes, and without compensation or consideration to the entrant, whether or not such Entry is selected as a winning Entry. For clarity, Sponsor has the right (but not the obligation) to publish any Entry and/or Photo on Sponsor’s website(s) and/or social media channels and as Sponsor otherwise so chooses.
If selected as a potential winner, you further agree to agree to grant Sponsor and its agents the unconditional, irrevocable, worldwide right and license to publish, use, adapt, edit, and/or modify the Entry or any part thereof (including the Photo) 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 additional compensation or consideration to you other than the delivery of your prize, and to execute any additional licenses or legal documents reflecting such grant of rights.
BY SUBMITTING AN ENTRY AND/OR ACCEPTING PRIZE, EACH ENTRANT (AND WINNER WHERE APPLICABLE) REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE, AND INTEREST NECESSARY TO GRANT THE SPONSOR THE RELEVANT RIGHTS DESCRIBED ABOVE 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. WITHOUT LIMITING THE FOREGOING, SPONSOR RESERVES THE RIGHT TO REMOVE ANY PHOTO AND DISQUALIFY THE RELATED ENTRY IT DEEMS, IN ITS SOLE, SUBJECTIVE DETERMINATION, TO BE INAPPROPRIATE WITHOUT ANY OBLIGATION TO ENGAGE IN ANY COMMUNICATION, COMMENT OR DISCUSSION ABOUT ANY SUCH PHOTO OR ENTRY AND/OR ANY DECISION TO REMOVE SUCH PHOTO AND DISQUALIFY ITS CORRESPONDING ENTRY. ALL DECISIONS OF SPONSOR ARE FINAL.
4. DRAWING AND ODDS OF WINNING: One (1) potential Grand Prize winner and twenty-five (25) potential Runner-Up Prize winners will be selected in a random drawing from all eligible Entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible Entries received. Drawing will be conducted from all eligible Entries received on or about September 8, 2017, by a third party promotion administrator, whose decisions shall be final and binding on all matters relating to the Sweepstakes.
5. PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”):
One (1) Grand Prize: aa $1,000.00 Pep Boys gift card, to redeem at any Pep Boys location within the 48 contiguous United States and District of Columbia. ARV: $1,000.00.
Twenty-Five (25) Runner-Up Prizes: a Champion® car care kit, ARV: $99.00 each.
Pep Boys gift cards are subject to the restrictions, terms, and conditions set by The Pep Boys – Manny, Moe & Jack.
TOTAL ARV OF ALL PRIZES: $3,475.00
6. PRIZE RESTRICTIONS: Limit one (1) prize per person/email address/household. Prizes are non-transferable and no prize substitution permitted, except 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. 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 the prizes including but not limited to their quality, fitness for purpose, or condition. All product and brand images are trademarks or registered trademarks of their respective companies, which are not sponsors or affiliated with this Sweepstakes.
7. ADDITIONAL RESTRICTIONS: By participating in this Sweepstakes and submitting an entry, each entrant agrees: (i) to be bound by these Official Rules, including all entry requirements; (ii) to release and hold the Sweepstakes Parties, including Federal-Mogul Motorparts, LLC, harmless from and against any and all claims, injuries, damages, losses and liability that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of any prize or any travel or activity related to the receipt or use of any prize; and (iii) that the Sweepstakes Parties, including Federal-Mogul Motorparts LLC, have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
8. WINNER NOTIFICATION AND PRIZE CLAIM: Potential winners are subject to verification, including verification of age and may be required to execute other legal documents set forth in these Official Rules in Sponsor’s sole discretion. The potential Grand Prize winner will be contacted on or about September 11, 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 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 of Eligibility/Liability Release, an IRS W-9, and, where lawful, a Publicity Release, within five (5) business 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, 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.
Prize Delivery: Runner-Up Prizes will be sent to the mailing addresses provided at the time of registration, via traceable means of mail, within 6-8 weeks after the end of the Sweepstakes Period. The Grand Prize will be send to the address provided at the time of verification, within 6-8 weeks after verification.
Taxes: All winners are solely responsible for any federal, state or local taxes on any prizes awarded to them, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.
Miscellaneous: Sponsor reserves the right to correct typographical, printing or clerical errors in any Sweepstakes-related materials. no more than the stated number of prizes awarded selected. if production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, sponsor reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
For Grand Prize Winner Only: Grand Prize winner will be issued an IRS 1099 form for the Grand Prize value in the month of January following the year the Grand Prize was awarded. 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.
9. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE 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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes. If, in Sponsor’s sole discretion, any portion of the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes without notice and, if terminated, randomly select winners for the Sweepstakes from among all non-suspect, eligible Entries received prior to cancellation of the Sweepstakes. 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 Sweepstakes.
10. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Sweepstakes Parties, (collectively, “Releasees”) resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Sweepstakes 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 Sweepstakes: 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 Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Releasees are 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 Sweepstakes, use of the Website or the download of any information from the Website, or any other loss related to user’s participation in the Sweepstakes or receipt of any prize, the awarding, receipt, possession, and/or use or misuse of any prize.
11. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled with Sponsor 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 Pennsylvania 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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS SWEEPSTAKES, 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 SWEEPSTAKES, 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), 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules, and/or for entering any judgment on an arbitration award, shall be resolved exclusively in the federal, state and local courts located in Philadelphia County, Pennsylvania. 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: The list of winners will be posted on the Website after verification, and will be available through October 31, 2017.
16. SPONSOR: Pep Boys Auto Parts and Service, 3111 W Allegheny Ave, Philadelphia, PA 19132.
17. SUPPORT: For any other questions regarding the Contest or support, please email email@example.com.