THE CONTEST IS INTENDED FOR PLAY IN THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF PARTICIPATION.
DIEHARD BATTERIES TRIVIA CONTEST (“CONTEST”)
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: The Contest is open to legal residents of any of the fifty (50) United States or the District of Columbia, who are eighteen (18) years of age or older (nineteen [19] or older if a resident of Alabama or Nebraska) at the time of entry. Void where prohibited. The following persons are not eligible to participate: Employees, contractors, directors and officers of Advance Auto Parts (“Sponsor”), Indianapolis Motor Speedway, LLC, Tony Stewart Racing Enterprises, LLC, their respective parent, subsidiary and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Sponsor and Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three [3] months during the twelve [12]-month period preceding the start date of the Contest). The Contest is subject to all applicable federal, state and local laws and regulations. Sponsor reserves the right, at any time, to verify eligibility requirements in any manner it deems appropriate. By participating, entrants agree to these Official Rules, which are final and binding in all respects.
2. CONTEST TIMING: The Contest begins on June 3, 2021 at the time of the Initiating Tweet (defined in Section 3) for the Contest and ends on August 5, 2021 at 11:59:59 p.m. Eastern Time (“ET”) (“Contest Period”). The Contest Period consists of ten (10) separate entry periods as described in Section 3. Weekly Prize winners must be able to (virtually) attend the Grand Prize Event on August 12, 2021 (described in Section 5) to be eligible to win the Grand Prize. The time clock of the computer administering this Contest is the official timekeeping device for this Contest.
3. HOW TO ENTER: You must be a registered user of Twitter and follow the DieHard Battery handle @DieHardBattery on twitter.com/DieHardBattery (“Web Site”) to participate. If you do not have a Twitter account, follow the onscreen instructions to register for a free Twitter account at http://twitter.com. To become a follower of @DieHardBattery, visit Twitter.com/DieHardBattery and follow as indicated. Additionally, your Twitter setting must be set to “unprotected” and “public” for the entire duration of the Contest in order for your tweet to be viewable by Sponsor and to be contacted by Sponsor if you are deemed a Weekly Prize winner.
For each Thursday during the Contest Period, beginning on June 3, 2021 and ending on August 5, 2021 (for a total of ten [10] Thursdays); the Sponsor will publish a Contest trivia question (each an “Initiating Tweet” or “Trivia Question”) @DieHardBattery on Twitter, inviting entrants to answer the Trivia Question via a reply to the DieHard Battery handle @DieHardBattery (“Reply” or “Entry”). Each Reply must include the hashtag #DieHardTriviaContest (“Hashtag”). Limit one (1) Reply per person/email address/Twitter Account per Trivia Question. Proof of submitting an Entry will not be deemed by the Sponsor as proof of entry into this Contest.
For each Trivia Question: If your Reply includes a correct answer and the Hashtag and is received by 11:59:59 p.m. ET on the Thursday of the Initiating Tweet, you will be deemed the Weekly Prize winner. In the event, Sponsor receives more than one (1) Reply containing the correct answer to the Trivia Question and Hashtag, then the Weekly Prize winner will be selected via a random drawing from among all Replies containing the correct answer to the Trivia Question and Hashtag for that Thursday. Any necessary random drawing(s) will be conducted by Sponsor’s Contest administrator, whose decisions are final and binding in all matters relating to this Contest. Limit one (1) Weekly Prize per Trivia Question. In no instance will more than one (1) Weekly Prize be awarded per Trivia Question. Limit one (1) Weekly Prize per person/household.
For clarity, there will be a total of ten (10) Initiating Tweets and ten (10) Weekly Prize winners. For each Trivia Question, if there are no Replies containing the correct answer to the Trivia Question and Hashtag), the Weekly Prize associated with that Trivia Question will not be awarded.
Any Entry or portion thereof that is, in the Sponsor's sole discretion, inconsistent with Sponsor's desired image, offensive, obscene, profane, lewd, defamatory, contains any proper names, third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand (other than Sponsor or DieHard Batteries or a valid answer that may identify a person, brand or third party) or other proprietary right of any entity or person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light), or is otherwise objectionable, will not be accepted as an Entry and may disqualify entrant from further participation in the Contest.
Incomplete, illegible, deceptive or garbled Entries are not eligible. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability to locate or record an Entry. Entries must comply with these Official Rules and/or the Twitter Rules and Policies at https://help.twitter.com/en/rules-and-policies/twitter-rules. In the event of a conflict between these Official Rules and Twitter Rules and Policies, the Official Rules shall govern.
Multiple entrants may not share the same Twitter account. A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the Twitter account associated with the winning Entry and an eligible entrant. The name of the person submitting the Entry must be (a) the name of the person who registered for the Twitter account; and (b) the name of the authorized account holder of the email address associated with the Twitter account, otherwise, Entry may be deemed void. If it is discovered that an entrant attempted to obtain more than the stated number of Entries by using multiple Twitter accounts, identities or any other methods, that entrant’s Entries shall be deemed invalid, entrant shall be disqualified, and any prize won shall be forfeited.
If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges. Mobile entry is not required to submit an Entry or win a prize in this Contest.
By using the Hashtag, entrants are consenting to receive direct messages via Twitter if they are determined as a potential Weekly Prize winner.
4. WEEKLY PRIZE WINNER NOTIFICATION: Potential Weekly Prize winners will be notified on or about the Friday, following the applicable Thursday in which they were determined to be the potential Weekly Prize winner by Sponsor’s Contest administrator via Twitter direct message. Each potential Weekly Prize winner must agree they are able to participate in the Grand Prize Event (described in Section 5) and provide the Contest Administrator with their full contact information and date of birth within forty-eight (48) hours of notification or an alternate Weekly Prize winner may be selected, at Sponsor’s sole discretion. Potential Weekly Prize winners must have a public profile on their Twitter account used to enter in order to receive the notification or prize and opportunity to participate in the Grand Prize Event may be forfeited. Sponsor and Promotion Parties are not responsible for suspended or discontinued wireless or online service which may result in a potential winner not receiving a notification. Sponsor is not responsible for any change in entrant's contact information, including their Twitter and email accounts.
If (a) an attempted notification or prize is returned as undeliverable, (b) a potential winner does not respond to the instructions as stated within the notification, (c) any required documents are not returned within the required time period, (d) a potential winner cannot be verified, or (e) a potential Weekly Prize winner is otherwise unable to attend the Grand Prize Event (described in Section 5), prize and opportunity to participate in the Grand Prize Event will be forfeited and an alternate winner may be selected, in Sponsor’s sole discretion. Weekly Prizes will be shipped within six (6) to eight (8) weeks of winner verification.
5. GRAND PRIZE EVENT: The “Grand Prize Event” is as follows: Each Weekly Prize winner must be available to attend, participate in, and be eligible for Grand Prize Event to be held on August 12, 2021 (the “Grand Prize Event”), virtually via Zoom, link to be provided, to be eligible to win the Grand Prize. Exact time of the Grand Prize Event will be communicated to Weekly Prize winners at the time of notification. The Grand Prize Event will be streamed for public viewing on DieHard Batteries Facebook page (https://www.facebook.com/DieHard).
Only verified Weekly Prize winners may participate in the Grand Prize Event. It is anticipated that there will be a total of ten (10) Weekly Prize winners participating in the Grand Prize Event, however, the Grand Prize Event may proceed with less than ten (10) Weekly Prize winners if a potential Weekly Prize winner is deemed ineligible or in the case a Weekly Prize winner does not attend the Grand Prize Event (after agreeing to be present). If, for any reason, a Weekly Prize winner does not attend the Grand Prize Event, he/she is NOT eligible for the Grand Prize and Sponsor has no further obligation to such individual.
Grand Prize Event Conditions: Weekly Prize winners must be present at the Grand Prize Event to be eligible to win the Grand Prize, no stand-ins or substitutions will be permitted. Date and time of the Grand Prize Event is subject to change. The Sponsor is not responsible for any delay, cancellation or rescheduling of the Grand Prize Event. Sponsor reserves the right to remove or to deny entry to any Weekly Prize winner who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person during the Grand Prize Event. The event moderator will have the ability to view all Weekly Prize winners. Weekly Prize winners must follow these guidelines: (a) Only verified Weekly Prize winners may appear on the screen; (b) Weekly Prize winners must not be drinking alcohol, smoking, or vaping, or appear to be intoxicated or under the influence of drugs on screen; and (c) Weekly Prize winners must behave in a manner consistent with the public nature of this event. A Weekly Prize winner, in the sole discretion of the event moderator, behaving inappropriately or in a manner that could incite or offend other Weekly Prize winners or viewers of the Grand Prize Event will be removed from the Grand Prize Event and Sponsor shall have no further obligation to that Weekly Prize winner. Each Weekly Prize winner must access the Grand Prize Event via a web-enabled device. Access to a web-enabled device is solely Weekly Prize winner’s responsibility. Data rates may apply if the Grand Prize Event is accessed using a wireless service provider’s network. Check with your wireless service provider for details on these and any other applicable charges. Each Weekly Prize winner is solely responsible for any such wireless charges. Sponsor is not responsible for any technical difficulties associated with Weekly Prize winner’s ability to access the Grand Prize Event. If Weekly Prize winner cannot attend the Grand Prize Event on the day and time stated by Sponsor, for any reason whatsoever, then the Grand Prize Event portion of the prize shall be forfeited by Weekly Prize winner and Sponsor shall have no further obligation to Weekly Prize winner regarding the Grand Prize Event.
Determination of Grand Prize Winner: During the Grand Prize Event, the Sponsor shall conduct a trivia challenge from among all Weekly Prize winners who are present at the Grand Prize Event. Rules of the challenge will be announced at the start of the Grand Prize Event. The Weekly Prize winner who correctly answers the most trivia questions, as described in the challenge rules, shall be deemed the Grand Prize winner.
The Grand Prize winner will be announced during the Grand Prize Event. The Grand Prize winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within five (5) days after the conclusion of the Grand Prize Event. Failure to comply with this condition shall result in forfeiture of the Grand Prize and an alternate Grand Prize winner will be determined by Sponsor’s Contest administrator (based on the individual with the next highest number of trivia questions answered correctly or in the case of a tie for and alternate winner, the alternate Grand Prize winner will be determined through means of a random drawing from among all tied individuals).
6. PRIZE DETAILS: One (1) Grand Prize will be awarded, consisting of a trip for winner and one (1) guest to Indianapolis, Indiana for a Behind-The-Scenes tour of Tony Stewart’s property. Travel must be completed by December 31, 2021 and must be booked by Sponsor’s designated travel agent forty-five (45) days prior to the requested travel date. Trip consists of round-trip coach air transportation (from a major airport nearest winner’s home); double-occupancy hotel accommodations for two (2) nights; a Behind-The-Scenes tour of Tony Stewart’s property; a tour of Indianapolis Motor Speedway; two (2) passes for go cart racing; three (3) meals (as determined by Sponsor, in Sponsor’s sole discretion); two (2) gift bags; and $200.00 spending money (awarded in the form of a check, payable to winner). Winner’s guest must be 18 or older (19 or older if a resident of Alabama or Nebraska). Winner and guest must comply with all Indianapolis Motor Speedway venue rules and regulations, including execution of all required releases (if applicable). Failure to do so may result in forfeiture of such portion(s) of prize. Travel and accommodations are subject to availability and change. If winner resides within 250 miles of Indianapolis, another method of transportation may be substituted for air transportation by Sponsor, in its sole discretion. Sponsor assumes no responsibility for canceled, delayed, suspended or rescheduled events (including, but not limited to airline flights) or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations beyond its control. Selection of airline and hotel are solely within Sponsor’s discretion. Ground transportation, upgrades, meals, gratuities, luggage fees, and all other expenses not specified herein are solely the winner’s responsibility. Winner will be required to provide a credit card prior to hotel check-in and is solely responsible for all incidental charges and may be required to sign an additional liability release for the use of the accommodations. Winner’ guest must sign and return a liability/travel release before any ticketing or travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license, real ID or passport) required for travel. Winner and guest must travel on the same itinerary. Once winner’s guest is selected, he/she may not be substituted, except in Sponsor's sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Additional prize award details and travel information may be provided to the winner at the time of notification. Winner and guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. In the event the winner and/or the guest misses a scheduled airline flight (through no fault of Sponsor or Promotion Parties or due to Force Majeure), Sponsor or Promotion Parties will have no liability for any costs associated with changing or rebooking transportation. Approximate Retail Value (“ARV”) of Grand Prize: $2,645.00. Actual value may depend on city/date/time of departure.
Ten (10) Weekly Prizes (one [1] per Trivia Question) will be awarded, each consisting of a DieHard Gift Box consisting of one (1) t-shirt, one (1) water bottle, one (1) pair of socks, and one (1) powerbank cell charger. All items will include DieHard battery branding and t-shirt will also include Indianapolis Motor Speedway branding. ARV of each Weekly Prize: $58.50.
Total ARV of all prizes is $3,230.00. Any difference between stated value and actual value will not be awarded.
7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor and Promotion Parties or any of their respective parents, subsidiaries, affiliates, and each of their respective employees, shareholders, directors, officers, members, successors, agents, and assigns (collectively, the “Released Parties”) resulting from entrant’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with the Contest. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which 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 or network communication problems; errors or limitations of any Internet or wireless providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability the Web Site or of a Twitter and/or associated email account used in connection with the Contest. Released Parties are not responsible for any typographical, technical, computer, network or human errors which may occur in the administration of the Contest, the processing of Entries, the announcement of prizes or in any Contest-related materials. Use of any Web Site associated with this Contest is at user’s own risk. Released Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer or web-enabled device resulting from participation in the Contest. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF RELEASED PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
8. RELEASE OF LIABILITY: Except where prohibited by law, by participating in the Contest, entrant agrees (a) to release and hold harmless the Released Parties from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest; (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
By accepting a prize, each winner (a) agrees that Released Parties will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest; from acceptance, possession, misuse or use of any prize, including travel thereto and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority, and each of their respective designees, except where legally prohibited, the right to use his/her name, photograph, likeness, voice, image, statements and/or biographical information at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation or consideration, unless prohibited by law. Released Parties are not liable in the event that any portion of the Contest (including any prize) is compromised, modified or canceled due to pandemics or epidemics, outbreaks of infectious disease or any other public health crisis including quarantine measures of any government authority or other restrictions, weather, fire, strike, acts of war or terrorism, government restriction, or any other condition beyond their control (a “Force Majeure Event”).
9. GENERAL CONDITIONS: Each winner will be responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize he/she receives, regardless of whether it, in whole or in part, is used. Winners will be issued an IRS Form 1099 for the value of their prize, if applicable. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Unclaimed prizes will not be awarded. If the prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, Sponsor reserves the right at its sole discretion, to (a) cancel, suspend, modify or terminate the Contest or any part of it, (b) disqualify any individual who is responsible for such action, and (c) select the remaining winner(s) from Entries received prior to action taken in a manner deemed fair and appropriate by Sponsor and or its Contest administrator.
10. GOVERNING LAW: Except where prohibited by law, by participating, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s 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 Virginia, without giving effect to any choice of law or conflict of law rules. By entering, entrants, consent to the jurisdiction and venue of the federal and local courts located in Roanoke, Virginia.
11. PRIVACY: Please see Sponsor’s privacy policy located at https://shop.advanceautoparts.com/o/privacy-notice for details of our policy regarding the personal information collected in connection with this Contest. Sponsor and/or its agencies may delete your personal information from their system(s) once the prize has been fulfilled and sufficient retention periods have elapsed. Additionally, any communication between entrant and Sponsor or its agencies regarding this Contest (e.g. phone calls, text messages, chats, emails, direct messages, etc.) may be recorded for quality assurance and training purposes. Winners’ names may be included in a winner’s list available to the public.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
12. WINNERS’ LIST: For the names of the winners, send a self-addressed, stamped envelope to be received by September 7, 2021 to: DieHard Batteries Trivia Contest Winner's List, c/o GSE, PO Box 130, Dept. 21-8127, Glencoe, MN 55336-0130. VT residents may omit return postage.
13. SPONSOR: Advance Auto Parts, Inc., 5008 Airport Rd, Roanoke, VA 24012.
© 2021 Advance Auto Parts, Inc.
This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter. Any questions, comments or complaints regarding this Contest shall be directed to the Sponsor and not to Twitter.
Indianapolis Motor Speedway® is a registered trademark of Brickyard Trademarks, Inc., used with permission. Indianapolis Motor Speedway, LLC and Brickyard Trademarks, Inc. are not sponsors of, and are not responsible for, this Contest.
