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GATES CORPORATION AND WORLDPAC, INC.
ALMS BUSINESS-TO-BUSINESS RACE INCENTIVE PROGRAM
Official Rules
1. ELIGIBILITY: The American Le Mans Series (ALMS) Business-to-Business Race Incentive Program (the “Program”) is only open to entrants who, as of the entry date, are legal residents of the fifty (50) United States, the District of Columbia or Canada (excluding Quebec) who are at least eighteen (18) years old and who are customers of WORLDPAC. The Program is void in Quebec and outside the fifty (50) United States, the District of Columbia and Canada; and where prohibited or restricted by law. Employees, officers and directors of Gates Corporation and WORLDPAC (“Sponsors”) and their parents, subsidiaries, affiliates, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter.
Corporate Customers – If you are entering the Program on behalf of our employer, these rules are binding on you, individually, and your company. If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warranty that such party has full knowledge of your actions and has consent thereto. You further warrant that your actions do not violate your employer’s or company’s policies and procedures.
2. TIMING: The Program begins at 12:01 a.m. Mountain Time (“MT”) on February 1, 2010, and ends at 11:59 p.m. MT on February 28, 2010 (the “Incentive Period”).
3. HOW TO PARTICIPATE: During the Incentive Period, eligible participants that purchase the most specified Sponsor products described below, will be eligible to receive a free incentive award. You must complete your purchases through WORLDPAC speedDIAL or by submitting a completed WORLDPAC parts order form and taking delivery of the products by the close of the Incentive Period for your purchases to be counted towards the Program. All purchases net of returns during the Incentive Period will be counted toward the incentive awards. Any eligible WORLDPAC customer who purchases Gates Products during the Incentive Period is automatically entered in the Program. No additional registration is required.
a)GATES PRODUCTS: During the Incentive Period, purchase any Gates branded product sold by WORLDPAC in the United States or Canada (excluding Quebec) (collectively, the “Gates Products”). The total purchase price (less tax, shipping, delivery and other ancillary charges) of all Gates Products you purchase will be aggregated during the Incentive Period to determine the winners. Any cancellations or returns of Gates Products for any reason up to the notification date of the winners will be subtracted from the total purchases considered for award.
b)INCENTIVE AWARDS: Incentive Awards are awarded to the top five eligible participants who purchase the most Gates Products, with the participant purchasing the most Gates Products winning first place, the participant purchasing the second most products winning second place, and so forth. The Prizes are as follows:
First Place Award: A trip for 2 people to the ALMS Race in Sebring, Florida from March 19-21, 2010, including: 2 roundtrip economy class airline tickets from any U.S. or Canada (excluding Quebec) location to Orlando, Florida, hotel accommodations for two (2) nights, transportation to and from the airport and the raceway, and race credentials to the ALMS Race. Meals, beverages, incidentals and other activities are not included. Value: $5,000
Second Place Award: Philips 32” LCD HDTV. Value: $600
Third Place Award: Magellan® RoadMate® 1412 GPS System. Value $250
Fourth Place Award: Samsung BD-P1600 Blu-ray Disc Player. Value $249
Fifth Place Award: iPod Nano® - 8GB. Value $150
d. Incentive Program and Award Limitations and Restrictions: Incentive awards will be shipped free of charge to the participant at his/her business within the fifty (50) United States, the District of Columbia or Canada (excluding Quebec). Unclaimed incentive awards will not be awarded. Incentive awards must be accepted as awarded, and incentive awards are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, made by Sponsors or for which Sponsors may be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Warranties, if any, are solely from the applicable product’s manufacturer with respect to an incentive award item. No substitution, assignment, refund or transfer of an incentive award is permitted, except by Sponsors, who reserves the right to substitute an incentive award (or a component thereof) with another incentive award (or component thereof) of greater or equal value, if an incentive award is not available for any reason as determined by Sponsor in its sole discretion. Recipient is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with incentive award, receipt and use not expressly specified herein as part of an incentive award, including, without limitation, all international, federal, state and local taxes on the prize. If applicable, a prize winner will be issued an IRS Form 1099 for the ARV of the awarded incentive award. The foregoing limitations and restrictions are in addition to any other limitations and restrictions in these Official Rules.
4. NOTIFICATION: On or about Friday, March 5, 2010, Sponsors will notify the winners of the Awards based upon total purchases of Gates Products during the Incentive Period. The participants selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winners will be notified by phone, letter (by postal or overnight delivery) and/or email. Except where prohibited by law, the potential winners will be required to execute and return to Sponsor an Acknowledgement in order to claim his/her prize. The Acknowledgement must be returned to Sponsor by the date and/or time indicated within the Acknowledgment. If a potential winner cannot be contacted within five (5) days of the first attempt to contact him/her, or if a potential winner fails to return the Acknowledgement within the specified time, or if a potential winner is found to be ineligible, or if a potential winner does not comply with the Official Rules, then that potential winner may be disqualified and the award will be given to the next participant based upon the most Gates Products purchased. For example, if the winner of the First Place Award does not claim the award as required, the winner of the Second Place Award will be given the First Place Award instead and so on. Limit one award per participant. In the event of a tie for any of the award levels, the winner for that award will be determined based on the winner’s total volume of sales through February 28, 2010 from WORLDPAC during 2010.
5. PUBLICITY: Except where prohibited by law, participation in the Program constitutes winner’s consent to Sponsors’ use of winner’s name, biography, likeness, voice, photographs, video, opinions, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration or consent.
6. GENERAL CONDITIONS: Sponsors reserve the right, in their sole discretion, to terminate, modify or suspend the Program if, in Sponsors’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Program, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsors’ reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program. In such event, Sponsors reserve the right in their sole discretion to award the prize from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Program or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Program is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
7. RELEASE: By entering, each entrant forever and irrevocably releases and holds harmless Sponsors, their parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Program partners and award suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Program and/or entrant’s award, receipt or use of any prize awarded in the Program.
8. LIMITATIONS OF LIABILITY: Sponsor is not responsible for: (a) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (b) the unavailability or inaccessibility of any website or service; (c) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Program.
9. DISPUTES: Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Denver, Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Program but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Program shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
10. DATA COLLECTION AND PRIVACY: Sponsor WORLDPAC collects personal information from entrants when they enter the Program. The information collected is subject to the Privacy Policy of WORLDPAC located at http://www.worldpac.com/privacy.html. In addition, you consent to the collection, use and disclosure of your personal information for the purposes of administering this Program in accordance with such privacy policy. You have the right to request access to and correction of your personal information held by WORLDPAC and to be informed of WORLDPAC’S policies and practices in relation to personal information and the kind of personal information they hold. If you wish to access or correct your personal information held by WORLDPAC, opt out of receiving further communications from WORLDPAC, or have other questions respecting its privacy policy, please contact cfadmins@worldpac.com.
11. WINNER’S LIST. To request a list of winners, send a self-addressed postage-stamped envelope to “Gates WORLDAPC ALMS Program - Winner List Request,” 1551 Wewatta Street, Denver, CO 80202. Requests must be received by March 31, 2010.
12. SPONSORS. The sponsors of the Program and the address at which the Sponsors may be contacted is Gates Corporation, 1551 Wewatta Street, Denver, CO 80202 and WORLDPAC, Inc., 37137 Hickory Street, Newark, CA 94560.
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