“JINGLE YOUR WAY TO 1K!” CONTEST
NO PURCHASE NECESSARY
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE
This contest (defined below) is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc. (“Facebook”) or Instagram. All questions, comments or complaints regarding the Contest should be directed to O’Reilly Automotive Stores, Inc (the “Sponsor”) at the address listed below and not to Facebook or Instagram.
1. CONTEST DESCRIPTION: The Jingle Your Way to 1K! Contest (the “Contest”) is asking for video submissions of O’Reilly fans performing the O’Reilly Auto Parts jingle. All eligible participants (“Entrant(s)”) must fill out the online entry form and upload their videos (no longer than 15 seconds) or upload their video to Instagram using the tag #OReillyJingle. Judges will determine the Finalists of all entries submitted. Public voting will determine the Winners and a Grand Prize will be awarded in accordance with these Official Rules ("Rules"). The contest will run September 14, 2015 – October 11, 2015.
2. ELIGIBILITY: The Contest is open only to legal residents of the United States (excluding Connecticut, Delaware, District of Columbia, Maryland, New Jersey, New York, Rhode Island, Vermont, Guam and Puerto Rico) and all other United States residents in foreign territories and possessions who maintain a residence in any of the listed states, who are 18 (19 in AL & NE) years of age or older at the time of entry. Employees and directors of Sponsor, and their respective parent entities, their subsidiaries and affiliated companies, advertising, promotion, or production agencies, any companies who are promotional participants or prize providers, web masters and web suppliers and their respective IRS dependents, immediate family members (parent, child, sibling and spouse) and individuals residing in their same household are not eligible to participate. Void in Connecticut, Delaware, District of Columbia, Maryland, New Jersey, New York, Rhode Island, Vermont, Guam and Puerto Rico and where prohibited by law.
3. CONTEST PERIOD: The Contest begins at 08:00:00 A.M. Central Standard Time (“CST”) on September 14, 2015, and ends at 11:59:00 P.M. CST on October 11, 2015. Sponsor’s computer is the official clock for the Contest.
4. HOW TO ENTER: The registration period begins at 08:00:00 A.M. CST on September 14, 2015 and ends on 11:59:00 P.M. CST on September 30, 2015.
A. To enter the contest, Entrants will visit the contest page (http://www.jinglecontest.hscampaigns.com) to complete the entry form and upload his/her video entry (no longer than 15 seconds). Submissions must be: (i) complete (as determined by Sponsor), (ii) in compliance with entry requirements; and (iii) received no later than September 30, 2015, by 11:59:00 P.M. CST.
B. To enter the contest through Instagram, Entrants will upload his/her video entry (no longer than 15 seconds) via their Instagram account and tag the post with #OReillyJingle. Submissions must be: (i) complete (as determined by Sponsor), (ii) in compliance with entry requirements; and (iii) received no later than September 30, 2015, by 11:59:00 P.M. CST.
C. To enter without the Internet, on a plain piece of 3” x 5” paper, hand print your full name, address, city, state, ZIP code and phone number. You must also confirm that you are 18 year or older (19 in AL and NE), by writing the words “I confirm I am 18 years of age (19 in AL or NE) or older” on 3” x 5” paper entry. No mechanically reproduced entries accepted. Mail this 3” x 5” piece of paper along with a copy of your video entry in a hand-addressed envelope with first-class postage affixed, to: O’Reilly Jingle Contest Attn: Marketing Department 233 South Patterson Springfield, MO 65802. Limit one (1) entry per stamped envelope. Mail-in entries must be post marked by September 15, 2015 and received by September 30, 2015.
Any submission not meeting the aforementioned criteria will be disqualified. Illegible/incomplete entries are void. No purchase is necessary. Sponsor is not responsible for lost, late, damaged, delayed, incomplete, illegible, postage due, or misdirected mail not received by deadline.
5. REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others (except for any Sponsor elements which may only be used for this Contest in accordance with these Official Rules);
- contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media) (except for any Sponsor elements which may only be used for this Contest in accordance with these Official Rules);
- contains any music;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/orviolates any law.
Entry must be the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any individuals other than the Entrant, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry, necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
By submitting an Entry, Entrant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims Entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the Entrant may be similar to his/her Entry, or that any compensation is due to Entrant in connection with such Entry or other works used by Sponsor.
By submitting an Entry, Entrant hereby grants permission for the Entry to be posted on Sponsor’s social media pages or other websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry and may remove a posted Entry at any time or for any reason whatsoever.
By submitting an Entry, and to the extent allowed by law, you grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Entry and all elements of such Entry, including, without limitation, the video and the likenesses of any locations and persons embodied therein, in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to Entrant or any third party.
6. CONDUCT: By entering the Contest, Entrants agree to comply with and be bound by the Rules. Failure to comply with these Rules may result in disqualification from the Contest. Entrants further agree to comply with and be bound by the decisions of the Judges, which are final and binding in all respects. The Sponsor reserves the right in its sole discretion to disqualify any Entrant it finds to be: (1) tampering or attempting to tamper with the entry process or the operation of the Contest; (2) violating the Rules; (3) violating the terms of service, conditions of use or general rules or guidelines of any Sponsor property or service; (4) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (5) failure to provide documentation verifying U.S. citizenship or permanent U.S. residency. Any false information provided within the context of the Contest by any Entrant concerning identity, postal address, ownership of rights or non-compliance with the Rules may result in the immediate disqualification of an Entrant from the Contest. Sponsor further reserves the right to disqualify any entry that it believes in its sole and unfettered discretion, infringes upon any third party right, violates any law or otherwise does not comply with these Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROPERTY OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR O’REILLY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. JUDGING AND SELECTION OF WINNER: Videos will be judged by Sponsor employees (“Judges”). Decisions of the Judges are final and binding. In the event there are not enough eligible videos, not all prizes will be awarded. If a Winner is unable, for whatever reason, to accept his or her prize, then Sponsor reserves the right to award the prize to another Entrant.
a. Phase 1 – Judging for Finalists: This phase will be done throughout the upload time period with finalists announced by 08:00:00 A.M. CST on October 1, 2015 (“Judging Phase”). Judges will select five (5) videos as finalists (“Finalists”) based on these judging criteria: 1) Fits the identified idea of the contest “O’Reilly Jingle Contest” – correct company name, jingle, etc., 2) High enough resolution to be shown without additional editing, and 3) adherences to Rules. O’Reilly Auto Parts reserves the right to determine the number of Finalists to the Judging Phase if, in its sole discretion, it does not receive a sufficient number of eligible and qualified photos. Decisions of the Judges are final and binding.
b. Phase 2 – Public Voting: This phase of the Contest begins at 08:00:00 A.M. CST on October 1, 2015 and ends at 11:59:00 P.M. CST on October 11, 2015 (“Public Voting Phase”). Finalists will be placed on a separate Contest Website for public voting http://oreillyjinglevote.hscampaigns.com/). Eligible users of the Contest Website will be able to view the Finalists and vote for their favorite Finalists. Eligible users can vote once a day on multiple Finalists throughout the Public Voting Phase. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by O’Reilly Auto Parts in its sole discretion. The Finalists with the highest number of valid votes at the end of the Public Voting Phase, as determined by O’Reilly Auto Parts in its sole discretion, will be deemed the prize winners (“Winners”) and receive the Grand Prize, 2nd-Place Prize and 3rd-Place Prize. In the event of a tie, the tie will be broken based on a random drawing by O’Reilly Auto Parts. Use of script, macro or other automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. The Winners will be announced on the Contest Website following the Public Voting Phase. Contest Winner will be notified on or about October 12, 2015.
8. PRIZES: One (1) Grand Prize – $1,000 (awarded as one (1) $1,000 Check). One (1) 2nd-Place Prize - $500 (awarded as one (1) $500 Check). One (1) 3rd-Place Prize - $250 (awarded as one (1) $250 Check). (Total ARV: $1,750) Prizes will be shipped to winners once they are notified and address is confirmed.
Checks are not redeemable or exchangeable for cash and are subject to all terms and conditions of use as listed as established by issuer. Sponsor is not responsible for lost or stolen Checks. Winner may not substitute, assign or transfer a prize, but Sponsor reserves the right, in its sole discretion to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. A prize consists of only the item specifically listed as the prize. All federal, state, provincial and local taxes are the sole responsibility of winner. Each prize is subject to all applicable federal, state, provincial and local laws and regulations. Winner is solely responsible for all applicable taxes, insurance and other expenses which may be required for the enjoyment and use of the respective prize.
10. LIMITATIONS ON LIABILITY: Released Parties are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, unintelligible, non-delivered, misdirected, stolen entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Contest or in any Contest-related materials; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Contest or Web site, as solely determined by the Sponsor, will be disqualified (and all associated entries will be void), and Sponsor reserves the right to terminate such Entrants eligibility to participate in this or any other Contest offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend or terminate the Contest, and select winner from all non-suspect, eligible entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Without limiting the release provided above, and for greater certainty, Released Parties will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of entries; (b) the theft, destruction or unauthorized access to, or alteration of, entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any Web site or combination thereof; or (e) damage to a participant’s or other person’s system or equipment occasioned by participation in this Contest.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM WWW.OREILLYAUTO.COM, OR ANY OTHER WEB SITE ASSOCIATED WITH THIS CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. ARBRITRATION/CHOICE OF LAW: Except where prohibited by law, participants in the Contest agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the administration of the Contest or the determination of the Winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, to take place in the U.S.A. pursuant to the Rules of the American Arbitration Association, (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS CONTEST BUT IN NO EVENT SHALL ATTORNEYS’ FEES BE AWARDED; AND (3) UNDER NO CIRCUMSTANCE WILL A PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrant(s) and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Missouri without regard to conflicts of law doctrine.
12. WINNERS LIST: For the name of the winners, send a separate, self-addressed, stamped (#10) envelope to: O’Reilly Auto Parts Jingle Contest Winners List Attn: Marketing Department, 233 South Patterson Springfield, MO 65802 to be received by October 31, 2015.
13. SPONSOR: O’Reilly Automotive Stores, Inc., 233 South Patterson, Springfield, MO 65802.