THE SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF PARTICIPATION.
DIEHARD BATTERIES START YOUR ENGINES SWEEPSTAKES (“SWEEPSTAKES”)
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.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THE PHOTO OR VIDEO SUBMITTED AS AN ENTRY INTO THIS SWEEPSTAKES MAY BE USED FOR PROMOTIONAL PURPOSES AND THAT THEIR PHOTO OR VIDEO MAY APPEAR ON SPONSOR’S AND/OR DIEHARD BATTERIES’ WEB SITES OR SOCIAL MEDIA ASSETS, AT THE SPONSOR’S DISCRETION.
1. ELIGIBILITY: The Sweepstakes 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”), its parent, subsidiary and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “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 Sweepstakes). The Sweepstakes 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. SWEEPSTAKES TIMING: The Sweepstakes consists of six (6) separate entry periods as defined below (each an “Entry Period”). Each Entry Period shall begin at 12:00:00 a.m. Eastern Time (“ET”) on the Start Date listed below and end at 11:59:59 p.m. ET on the End Date listed below.
Entry Period |
Start Date |
End Date |
Drawing Date |
1 |
May 10, 2021 |
May 16, 2021 |
May 17, 2021 |
2 |
May 17, 2021 |
May 23, 2021 |
May 24, 2021 |
3 |
May 24, 2021 |
May 30, 2021 |
May 31, 2021 |
4 |
July 26, 2021 |
August 1, 2021 |
August 2, 2021 |
5 |
August 2, 2021 |
August 8, 2021 |
August 9, 2021 |
6 |
August 9, 2021 |
August 15, 2021 |
August 16, 2021 |
3. HOW TO ENTER: Post a photo or video to show us how you “Start Your Engines” with hashtags #StartYourEngines #Sweeps (“Hashtags”) on your Twitter account and tag @DieHardBattery (the “Entry”) to receive one (1) entry into the corresponding random drawing. You must be a registered user of Twitter and follow Sponsor’s 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 Sweepstakes, including the Drawing Dates, in order for your tweet to be viewable by Sponsor and Sponsor’s Sweepstakes administrator and to be contacted by Sponsor or Sponsor’s Sweepstakes administrator if you are selected as a winner. Additionally, do not delete your Entry so that it remains viewable; your tweet must be viewable in order to be considered for the Sweepstakes; deleting your tweet will affect the ability to contact you if you are selected as a potential winner. You must also (a) tag @DieHardBattery and (b) include the hashtags #StartYourEngines #Sweeps in your Entry for it to be considered a valid Entry.
Entries will not be judged. The Sponsor’s handle Twitter clock (Eastern Time) shall be the official time-keeping device for entries received via Twitter. If submitting more than one (1) Entry into Sweepstakes (see entry limit below), each Entry must contain a different photo or video.
Limit one (1) Entry per person per Entry Period. Proof of submitting an Entry will not be deemed by the Sponsor as proof of entry into this Sweepstakes.
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. Entrants may not enter with multiple Twitter accounts. 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; (b) the name of the authorized account holder of the email address associated with the Twitter account; and (c) the person appearing in the Entry (if any), otherwise, Entry may be deemed void. If it is discovered that an entrant attempted to obtain more than one (1) Entry per Entry Period by using multiple Twitter accounts, identities or any other methods, all of that entrant’s Entries shall be deemed invalid and that entrant shall be disqualified.
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 Sweepstakes.
From time to time during the Sweepstakes, Sponsor may feature any/all Entries on any of its Web Sites or social media assets, in its sole discretion. Being selected as a featured Entry does not guarantee selection as a winner in the Sweepstakes nor does it entitle the featured entrant(s) to any compensation or prize.
By using the Hashtags, entrants are consenting to receive direct messages via Twitter if they are selected as a potential winner.
By submitting an Entry, you agree that the Entry conforms to the “Entry Guidelines” specified in Section 4, and that Sponsor may disqualify an Entry if it believes, in its sole discretion, that the Entry fails to conform to such guidelines. Entries that are not in accordance with the “Entry Guidelines” as stated in Section 4 or are not received during one of the Entry Periods will be ineligible.
4. ENTRY GUIDELINES: Except for a third party (if any) taking the photo or video of entrant, the Entry must be solely the original work of the entrant. Joint, group or team Entries are NOT permitted. Once an Entry is submitted, entrant cannot supplement, modify or alter their Entry. Entry must have been created specifically for this Sweepstakes and cannot have been previously published, have won an award or prize in, or been submitted to any other promotion or competition.
BY SUBMITTING AN ENTRY, THE ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S AND/OR DIEHARD BATTERIES’ WEB SITES OR SOCIAL MEDIA ASSETS, AT THE SPONSOR’S DISCRETION. Submission of an Entry grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, in perpetuity, without limitation, and without payment or consideration to the entrant.
By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place the Sponsor under any obligation. The Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By acceptance of your submission, you acknowledge that the Sponsor does not waive any rights to use similar or related ideas previously known to the Sponsor, or developed by its employees, or obtained from sources other than you. The Sponsor reserves the right to, and may or may not, monitor/screen Entries. By entering, you acknowledge that the Sponsor has no obligation to use or post any Entry you submit.
By submitting an Entry, you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity, other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third-party rights. Each entrant will indemnify and hold harmless, the Sponsor and Promotion Parties from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including the Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to awarding of prize.
As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines: (a) Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, political, religious, professional or age group, profane or pornographic, or contain nudity; (b) Cannot promote alcohol, marijuana, illegal drugs, tobacco, vaping, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) Cannot be obscene or offensive, endorse any form of hate or hate group; (d) Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities; (e) Cannot defame, misrepresent or contain disparaging or slanderous remarks about the Sponsor, its customers or its products, or other people, products or companies; (f) Cannot contain trademarks, logos or trade dress owned by others (except the Sponsor’s or DieHard’s) or advertise or promote any brand or product of any kind (except the Sponsor’s or DieHard’s), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (g) Cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by the Sponsor) without permission; (h) Cannot contain background artwork, unless it is an original work of the entrant; (i) Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission; (j) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; (k) Cannot depict, and cannot itself, be in violation of any law.
If the Sponsor, at any time during the Sweepstakes, receives a complaint (including but not limited to a cease and desist letter, general letter of complaint, etc.) alleging intellectual property infringement in an Entry, the Sponsor reserves the right to remove such Entry at any point in the Sweepstakes, without prior notice and Entry will be deemed void and ineligible to receive a prize.
Any waiver of any obligation hereunder by the Sponsor does not constitute a general waiver of any obligation to entrants. The Sponsor reserves the right to waive the submission requirements set forth herein in its reasonable discretion.
5. RANDOM DRAWINGS/ODDS: For each Entry Period, one (1) winner will be selected in a random drawing to be held on or about the Drawing Date stated in Section 2 from among all eligible Entries received for the corresponding Entry Period. Entries will not carry forward to subsequent drawings. All drawings will be conducted by Sponsor’s Sweepstakes administrator, whose decisions are final and binding in all matters relating to this Sweepstakes. Odds of winning depend on the number of eligible Entries received for a given Entry Period. Limit one (1) prize per person/household for the entire Sweepstakes Period.
6. WINNER NOTIFICATION: Potential winners will be notified on or about the corresponding Drawing Date in which they were selected, by Sponsor’s Sweepstakes administrator via Twitter direct message. Sponsor’s Sweepstakes administrator will request winner’s contact information and date of birth. Potential winners must provide the requested information within twenty-four (24) hours or prize may be forfeited. Potential winners must have a public profile on their Twitter account used to enter in order to receive the notification prize 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 Twitter account, email address, mailing address and/or telephone number (after he/she has provided such information). Additionally, each potential winner may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within twenty-four (24) hours as indicated on the Affidavit. 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 within twenty-four (24) hours, (c) required documents are not returned within the required time period, (d) a potential winner cannot be verified, or (e) a potential winner is otherwise unable to accept a prize as stated, the prize may be forfeited and an alternate winner will be selected, in Sponsor’s sole discretion. Prizes will be shipped within six (6) to eight (8) weeks of winner verification.
By accepting a prize, each winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Each winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Sponsor, it’s agencies and/or assigns shall have the unlimited right and permission to use, modify, edit, distribute, publish, reproduce, display, exhibit, create derivative works of or to otherwise transmit the Entry, in any media, including digital, electronic, print, television, film and any other media now known or hereafter devised, for the purpose of trade, advertising and promotion, or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation to the entrant or to any other party, except where prohibited by law. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
7. PRIZE DETAILS: Six (6) prizes (one [1] per Entry Period) will be awarded, each consisting of a $50 Advance Auto Parts gift card and 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. Gift card is subject to terms and conditions as set by issuer. Approximate Retail Value (“ARV”): $158.50.
Total ARV of all prizes is $951.00. Any difference between stated value and actual value will not be awarded.
8. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or 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 Sweepstakes or ability or inability to upload or download any information in connection with the Sweepstakes. 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 Sweepstakes: 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 Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability the Web Site or of a Twitter and/or associated email account used in connection with the Sweepstakes. Released Parties are not responsible for any typographical, technical, computer, network or human errors which may occur in the administration of the Sweepstakes, the processing of Entries, the announcement of prizes or in any Sweepstakes-related materials. Use of any Web Site associated with this Sweepstakes 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 Sweepstakes.
9. RELEASE OF LIABILITY: Except where prohibited by law, by participating in the Sweepstakes, 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 Sweepstakes; (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 Sweepstakes, 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.
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.
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 Sweepstakes; from acceptance, possession, misuse or use of any prize 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 Sweepstakes (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”).
10. 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes administrator.
11. 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 Sweepstakes, 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.
12. 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 Sweepstakes. 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 Sweepstakes (e.g. phone calls, text messages, chats, emails, 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 SWEEPSTAKES 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.
13. WINNERS’ LIST: For the names of the winners, send a self-addressed, stamped envelope to be received by September 15, 2021 to: DieHard Batteries Parts Start Your Engines Sweepstakes Winner's List, c/o GSE, PO Box 130, Dept. 21-8127, Glencoe, MN 55336-0130. VT residents may omit return postage.
14. SPONSOR: Advance Auto Parts, Inc., 5008 Airport Rd, Roanoke, VA 24012.
© 2021 Advance Auto Parts, Inc.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter. Any questions, comments or complaints regarding this Sweepstakes shall be directed to the Sponsor and not to Twitter.