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The Totally MOOG™ Game Official Rules NOT OPEN TO THE GENERAL PUBLIC. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THESE TERMS AND CONDITIONS INCLUDE INDEMNITIES TO THE PROMOTION ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. INTERNET ACCESS IS REQUIRED FOR SOME ASPECTS OF THE PROMOTION. WINNERS MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS, AS MORE FULLY DETAILED BELOW. A VALID EMAIL ADDRESS IS REQUIRED TO CLAIM A PRIZE. Overview of Promotion. The Totally MOOG™ Game consists of: (a) an instant win game ("Instant Win Game"); (b) a branded merchandise MOOG Collection ("MOOG Collection"); and (c) a random-drawing sweepstakes ("Sweepstakes"), collectively referred to in these Official Rules as the "Promotion." The Promotion begins at 12:00:00 a.m. Eastern Time ("ET") on April 1, 2011, and ends at 11:59:59 p.m. ET on May 31, 2011, or when the supply of game pieces runs out, whichever first occurs (the "Entry Period"). These Official Rules contain other important deadlines below, including deadlines for prize redemption. Eligible professionals must obtain a game piece ("Game Piece") either by making a MOOG® steering or suspension parts order from an authorized reseller or by mail to participate, as more fully described below. By participating in the Promotion, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Federal-Mogul Corporation ("Sponsor"), which will be final and binding in all respects. 1. Eligibility. The Promotion is open only to professional automotive repair technicians who are:(a) employed by an organization performing automotive service; (b) legal residents of one (1) of the fifty (50) United States or the District of Columbia; and (c) twenty-one (21) years of age or older at the time of Sweepstakes entry or Instant Win Game or MOOG Collection prize win. Employees, directors, officers, members, and managers of Sponsor, automotive parts warehouse distributors, automotive parts retailers, racing affiliates, all advertising and promotion agencies, printers and prize suppliers involved in this Promotion, and each of their parents, affiliates, subsidiaries, (collectively, with Sponsor, the "Promotion Entities"), and the immediate family members and those living in the same household (whether legally related or not) of each are not eligible to participate or win a prize in this Promotion. For purposes of this Promotion, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. This Promotion is void in all U.S. territories, possessions, overseas military installations and where prohibited by law. 2. How to Participate. Eligible professionals must obtain a Game Piece, which will contain a code or point, to participate. There are two (2) ways to obtain a Game Piece: With a purchase: Professionals who place an order for MOOG® steering and suspension parts from an authorized reseller during the Entry Period ("Qualifying Parts Order") will receive one (1) Game Piece while supplies last. Only one (1) Game Piece per Qualifying Parts Order. Limit five (5) Game Pieces per day. By mail (or online after May 17, 2011) without a purchase: To receive a Game Piece without purchase (while supplies last), send a self-addressed, stamped envelope with sufficient postage to: "Totally MOOG Program Headquarters, P.O. Box 40478, Cleveland, OH, 44140." Mail-in requests must be postmarked no later than May 14, 2011 and received no later than May 18, 2011. Vermont residents with a return address in Vermont may omit return postage. Each mail-in request must be mailed in a separate outer envelope. No mechanical reproductions permitted. From 12:00:00 a.m. ET on May 17, 2011 until 11:59:59 p.m. ET on May 31, 2011, virtual Game Pieces (each, a "Virtual Game Piece") are available without a purchase (while supplies last) at www.totallymoog.com/virtualcoderequest (the "Web Site") by following the on-screen instructions to "request a Virtual Game Piece." Online requests must be manually key-stroked. Use of automated programs, script, macro, robotic or similar means of submitting requests is prohibited and use of such mechanisms constitutes fraud and will result in disqualification. Limit one (1) Game Piece or Virtual Game Piece per valid request. Limit five (5) free Game Piece requests per professional automotive repair technician and per e-mail address per day (12:00:00 midnight a.m. ET to the following 11:59:59 p.m. ET ("Day")), regardless of request method. Once a Game Piece is obtained, open the piece to reveal either a code ("Code") or a point ("MOOG Collection Point"). Depending on what is revealed, you may participate as follows (see below for use of Virtual Game Pieces): Virtual Game Pieces, which are the codes that may be received without purchase (while supplies last) via the Web Site from 12:00:00 a.m. ET on May 17, 2011, until 11:59:59 p.m. ET on May 31, 2011, are used the same way as the Codes available on regular Game Pieces, however, you must enter the code at the Web Site to determine if the code is good for a MOOG Collection Point, an Instant Win Prize or no Instant Win Prize. For each MOOG Collection Point received via a Virtual Game Piece, you must print out a unique MOOG Collection Point voucher that will be made available to you at the Web Site. Then, once you have ten (10) MOOG Collection Points (which may be a combination of Game Pieces that reveal MOOG Collection Points and MOOG Collection Point vouchers printed from the Web Site) redeem your MOOG Collection Points as detailed above. If the code you enter from a Virtual Game Piece reveals an Instant Win Prize, the instructions for Instant Win Prize redemption detailed above apply. Virtual Game Pieces are available only by special request. You must visit Www.totallymoog.com/virtualcoderequest and enter your personal name, business name, and email address. Limit of 5 virtual codes per day. Please allow up to 36 hours for codes to be sent to you via email. The following applies to all participants: All Game Pieces, Codes and MOOG Collection Points must be obtained legitimately as set forth in these Official Rules and are subject to verification. Sponsor's liability for any irregular Game Piece, Code or MOOG Collection Point is limited to replacement of another piece while supplies last. Such replacement with another randomly Game Piece, Code or MOOG Collection Point (while supplies last) will be the sole and exclusive remedy under such circumstances. Entries will not be acknowledged or returned. All Game Pieces, Codes or MOOG Collection Points transferred to another person will be void. Game Pieces, Codes and MOOG Collection Points may not be purchased, sold, bartered, auctioned (including through internet auction sites), given away, traded or obtained through any source other than through the methods, if any, described in these Official Rules. Any Game Piece, Code or MOOG Collection Point will be void if it fails to pass anti-fraud detection measures, or if determined by Sponsor, in its sole discretion, to be unauthorized, illegitimately obtained (i.e., through means other than those stated in these Official Rules) or if it contains an unauthorized message, code, or other marking not issued by Sponsor for use in the Promotion, or if it is defective, contains printing or other mechanical/electronic errors, is produced in error, illegible, unreadable, or blank. No prize claim will be valid if a person's participation is associated with any Game Piece, Code or MOOG Collection Point deemed void for any reason. 3. Sweepstakes Winner Selection. 4. Instant Win Game and Sweepstakes Winner Clearance. 5. Prizes, Approximate Retail Value ("ARV"), and Odds. Instant Win Prizes:
Tool Box with tools: Matco Part # 6128SR 1BAY 28" SATELLITE ROLLAWAY, 6331DS 6s 3BAY 31" DOCKING STATION, 6331HC 6s 3BAY 31" HALF CHEST, 6031SL 6s 31" SIDE LOCKER, 6031SC 6s 31" SIDE CHEST; Approximate Retail Value: $29,049.00. Tool box prize includes a wide variety of Matco Tools; Approximate Retail Value $21,000.00. Total Value of prize: $50,000.00. Prize pictures are representative, actual prizes may vary. MOOG Steering & Suspension logo graphics will be applied by a third-party at winner's discretion. Tool Box and tools will be purchased from, and delivered by, the local Matco Tools distributor located near winner's residence. Winner is solely responsible for all taxes related to the prize. Matco Tools is not a participant or a sponsor of this promotion. Matco Tools is not affiliated with NASCAR. Gift Card Prizes: Gift Card restrictions apply. Apple Gift Cards are subject to their issuer's terms and conditions. Apple Gift Cards cannot be redeemed for purchases of gift cards. Apple Gift Cards cannot be sold, reloaded, transferred for value, redeemed for cash, or applied to any other account. Amazon.com Gift Cards ("GCs") may be used only to purchase eligible goods on Amazon.com or its affiliated website Endless.com. GCs cannot be redeemed for purchases of gift certificates or cards or for items from some third party sellers. Purchases are deducted from the GC balance. GCs cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account. Amazon is not responsible if a GC is lost, stolen, destroyed or used without permission. See www.amazon.com/gc-legal for complete terms and conditions. GCs are issued and ©2010 by ACI Gift Cards, Inc., a Washington corporation. Amazon.com is not a sponsor of this Promotion. Amazon, Amazon.com, the Amazon.com logo, Gift Codes on Demand, the Amazon Gift Card logo and 1-Click are trademarks of Amazon.com, Inc. or its affiliates. Apple Inc. is not a sponsor of this Promotion. Apple is a trademark of Apple, Inc. The Totally MOOG Visa Reward card is issued by CenterState Bank, N.A. pursuant to license from Visa U.S.A. Inc. VISA is not a participant or a sponsor of this promotion. MOOG Collection Prizes: Each professional automotive repair technician who submits a proper, valid MOOG Collection redemption form with associated Game Pieces, will receive, subject to verification, one (1) limited edition MOOG® t-shirt or one (1) limited edition MOOG® hat, while supplies last. Size may be determined in Sponsor's sole discretion. Odds of winning a MOOG Collection Point on your Game Piece: 1:1.8. The following applies to all prizes and winners: Total ARV of all prizes available in the Promotion: $5,560,750. Promotion Entities are not responsible for and winner will not receive the difference, if any, between the actual value of a prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or materials. All taxes (federal, state and local) and other expenses not specified in these Official Rules as being provided as part of the prize are the sole responsibility of the winner. Unclaimed prizes will not be awarded. All prizes legitimately claimed will be awarded. Prize elements will only be mailed or otherwise provided to the verified winner's address in one (1) of the fifty (50) United States or the District of Columbia. Released Parties (defined in Section 6 below) will not replace any lost, destroyed, mutilated or stolen prize or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address or other contact information. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor's sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated number of prizes will be awarded. If, due to printing, seeding, digital, computer programming, hardware or software, or production errors or for any reason, more potential winners come forward seeking to claim prizes in excess of the number of each type of prize as set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each participant's sole and exclusive remedy under such circumstances. 6. LIMITATION OF LIABILITY: EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE PROMOTION ENTITIES, MARKETING DIRECTIONS, INC., LYNKS PERFORMANCE MARKETING, LLC AND THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY "RELEASED PARTIES") FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZES ARE PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. THE SWEEPSTAKES PRIZE WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUEST RELATED TO ANY PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THEIR GUEST'S USE OF THE SWEEPSTAKES PRIZE. EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: 7. Additional Disclaimers. If any prize, notification or Promotion-related communication is faulty, rejected or returned as undeliverable or if a participant cannot be reached after a reasonable attempt has been made by Sponsor or does not respond according to Sponsor's or its representative's instructions (as determined in Sponsor's sole discretion), that participant may be disqualified and the prize may be forfeited and may go unawarded in Sponsor's sole discretion. The Released Parties are not responsible for or liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners. The Released Parties are not responsible or liable for any of the following, whether caused by a Released Party, the entrant, or by any other individual or entity: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Promotion-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, prize distribution tables, in any Promotion-related advertisements, any Game Pieces, Codes, MOOG Collection Points or other materials or elements; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail or other account to receive messages. Released Parties are not responsible, and may disqualify an entrant at any time, if his or her e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply a prize or any part thereof in the event that any of the Promotion activities or the Promotion Entities' operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above. In the event of a dispute concerning the identity of a participant who participates online, the participant will be declared to be the authorized account holder of the e-mail address of record for the Account at the time the submission was made during the Entry Period, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Sponsor's sole discretion. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the applicable e-mail address. If a dispute cannot be resolved to Sponsor's satisfaction, the entry and individual or individuals may be deemed ineligible in Sponsor's sole discretion. 8. Publicity Rights. By entering the Promotion (except where prohibited by law), entrants consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the Internet, by the Sponsor, its promotional partners and third-party marketing entities, without additional compensation, notice, review, or approval. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use. 9. General Rules. Restrictions apply. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Promotion. Participants further agree to not damage or cause interruption of the Promotion and/or prevent others from using the Promotion. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. Any attempts to make submissions, earn entries, or register for accounts in excess of any stated limits using multiple or false contact information or otherwise may be disqualified in Sponsor's sole discretion. All entries and materials submitted become property of Sponsor and will not be acknowledged or returned. Entries generated by a script, computer program, macro, programmed, robotic or other automated means will not be accepted and will be void. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, illegible, postage-due, garbled, incorrect, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion in Sponsor's sole and absolute discretion. Entries made by any other individual or any entity, and/or originating at any other web site or online service, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. The Sponsor's database clock will be the official timekeeper for this Promotion. Those who do not follow all of the instructions, provide the required information for entry, or abide by these Official Rules or other instructions of Sponsor or its representatives may be disqualified in Sponsor's sole discretion. As a condition of participating in the Promotion, each participant gives consent for the Promotion Entities and their representatives to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules. Sponsor's failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor's sole discretion. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner or not award the prize (in its sole discretion), even if the disqualified potential winner's name may have been shown or announced online or elsewhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Promotion is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion, which may include, without limitation, not awarding any prizes or awarding the prizes from among eligible entries received before or after a modification or suspension. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Sponsor reserves the right to audit, or have its agents or assigns audit, any and all entries at its sole discretion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT. 10. Disputes/Governing Law. Except where prohibited, as a condition of participating in this Promotion, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Released Party, claims and causes of action arising out of or connected with this Promotion, the prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain an award for, and hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-pocket expenses (if any), not to exceed ten dollars ($10), and entrant further waives all rights to have damages multiplied or increased. This Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Michigan, without reference to its conflicts of law principles. Any legal actions, suits or proceedings related to this Promotion (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Oakland County, Michigan, and each entrant accepts and submits to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of or related to this Promotion. 11. Winners List and Official Rules. For a list of major prize winners' names, send your request and a legal-sized, self-addressed, stamped envelope to: "Totally MOOG Program Headquarters, P.O. Box 40478, Cleveland, OH, 44140. Winner List" Requests must be received no later than three (3) months following the end of the Entry Period. For a copy of these Official Rules, print out these pages or send your request and a legal-sized, self-addressed, stamped envelope prior to the end of the pursuant to license from Visa U.S.A. Inc. VISA is not a participant or a sponsor of this promotion. MATCO Tools is not a participant in or sponsor of this promotion. NASCAR is a registered trademark of the National Association for Stock Car Auto Racing, Inc. All rights reserved. Prize pictures are representative, actual prizes may vary. |
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