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Super Cart Rules

The Super Start Super Cart Text-to- Win Sweepstakes

 

NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING. ENTRY IN THIS SWEEPSTAKES CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.


Sweepstakes Description

The Sweepstakes will give away one (1) Grand Prize Winner a “Super Start Super Cart”. Super Start Super Cart Sweepstakes eligible participants (“You”, “Your”, or “Entrant(s)”) must text to enter the Sweepstakes.  Random winners will be selected on or about September 30, 2015 in accordance with these Official Rules.

 

Eligibility

The Super Start Super Cart Sweepstakes is open only to legal residents of the United States (excluding Connecticut, Delaware, District of Columbia, Maryland, New Jersey, New York, Pennsylvania, 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 eligible states, who are 18 (19 in Alabama & Nebraska) years of age or older at the time of entry. Employees and directors of O’Reilly Automotive Stores, Inc. (“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. The Sweepstakes is void in Connecticut, Delaware, District of Columbia, Maryland, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Guam and Puerto Rico and where prohibited by law.

 

Entry Period

The Sweepstakes begins at 12:00:01 A.M. Central Standard Time (“CST”) on September 7, 2014, and ends at 11:59:59 P.M. CST on September 30, 2015 (“Entry Period”).

 

How to Enter:

Text Message Method of Entry: During the Promotion Period, using your 2-way text-messaging-capable device (each a "Device"), text the keyword EAST to the short code 46786. By entering you are verifying that you meet the age eligibility requirements of this Sweepstakes. If you are eligible, you will receive one (1) entry into the Sweepstakes. If you wish to opt out, text STOP to 46786. Text HELP to 46786 if you would like more information. Send questions to 46786. By texting 46786, you give Sponsor and Administrator your express, written consent to send you up to 3 text messages using automated technology in response to your entry related to the Super Start Super Cart sweepstakes.  If you enter the Sweepstakes by text message, your wireless service provider's text message and data rates apply. Entrants should consult their wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. The Device that is used must be capable of sending and receiving text messages. Entrants should check their Device’s features to see if they have that capability and check the Device manual for specific use instructions. Entry via text messaging may be limited and may not be available through all wireless carriers or on all handsets. Supported carriers include AT&T™, T-Mobile, Verizon Wireless, U.S. Cellular, Sprint, Boost Mobile, Alltel, Cincinnati Bell, Cricket, Metro PCS, and Virgin Mobile. Consent is not required to buy goods and services. Your participation in the Sweepstakes is subject to the Sponsor's Privacy Policy, which can be viewed by visiting http://oreillyauto.custhelp.com/app/answers/list/c/78,17.  As of October, 16, 2013, the Federal Communications Commission (FCC) requires that telemarketers obtain "prior express written consent” from consumers before sending prerecorded telemarketing calls and text messages using an automated dialing system. Additionally, the “established business relationship” exemption has been eliminated. The new requirements appear in the FCC’s updated rules and regulations implementing the Telephone Consumer Protection Act of 1991. Prior express written consent is defined by the FCC as “an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice, and the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered.”Prior express written consent must display clearly a disclosure stating the following:

1. By signing the agreement, the individual is authorizing the seller to deliver telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice; and 2. The individual is not required to sign the agreement as a requirement for purchasing property, goods, or services. The individual’s signature may be any legally recognized electronic or digital form. Selected exemptions from obtaining written consent are attainable for some call and message types, including emergency, political, and informational calls or messages. For more information, please visit the FCC Website (http://www.fcc.gov/). Please consult your attorney for further legal advice.

 

How To Enter by Mail

In addition, You may enter the Sweepstakes by mail as follows. On a plain 3.5” x 5.5” post card with postage affixed , legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), email address (if any), and mail one completed 3.5” x 5.5” post card to: O’Reilly Auto Parts, Marketing Department – “Super Start Super Cart” Text-To-Win, 233 South Patterson Ave, Springfield, MO 65802. Limit one (1) entry per person.  Mail-in entries must be received by September 30, 2015. Illegible/incomplete entries are void. Sponsor is not responsible for lost, late, damaged, delayed, incomplete, illegible, postage due, or misdirected mail not received by deadline. Mail-in entries will be eligible to win the next business day from receipt of entry.

 

CONDUCT: Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. 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 Sweepstakes; (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 Sweepstakes 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 Sweepstakes. 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 Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROPERTY OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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.

 

Prizes and Approximate Retail Value (“ARV”)

Grand Prize
On or about October 2, 2015, one(1) Grand Prize Winner will be randomly drawn from among all eligible entrants. The Grand Prize is a “Super Start Super Cart”.

Total ARV Grand Prize: $9,230

The value of the prize includes:

* 70" Mobil Pit Box by Extreme Tools (70"W x 24"D x 48'H)

* 7 Large drawers

* 4 Heavy duty pneumatic tires with chrome wheels

* Stainless Steel top work surface

 

* 40" HD LED TV (Insignia) Brand could vary

* Kenwood DDX271 Touchscreen DVD/CD player

*Alpine SPSM600 6 1/2" marine grade speakers(2 pair)

*Alpine MRVF300 4-Channel amplifier

*Wetsounds WS-420SQ PA and EQ system

* 110V power inverter

* Battery back up

* power supply

 

Selection of Winners

Grand Prize Drawing
Entrant’s valid Sweepstakes entry will count as one (1) entry into the Grand Prize/Super Start Super Cart drawing (“Grand Prize Drawing”). Award of the Grand Prize is subject to the eligibility verification as set forth in these rules. Entries for the Grand Prize Drawing must be received on before September 30, 2015. Drawing will be on or about October 2, 2015.

The potential Grand Prize winner will be notified by the Sponsor or Sponsor’s designee by phone, e-mail and/or mailing address provided on his/her Registration Profile within approximately eight (8) days of the final entry deadline for the Sweepstakes. A potential winner is found to be ineligible if: (i) he/she does not comply with these Official Rules; or (ii) if his/her prize or prize notification is returned as undeliverable. Such ineligible potential winner will be disqualified and an alternate potential winner of such prize may be selected at Sponsor’s sole discretion.Winners will have ten (10) days to respond to winner notification. After said time, a new potential winner will be selected.

Grand Prize winner shall not sell, transfer, encumber, assign, or otherwise dispose of all or any portion of the prize annuity and no substitution of any prize if offered without the written consent of Sponsor, which shall be provide in its sole and absolute discretion. Notwithstanding the foregoing, the Grand Prize winner's rights to payment shall not be transferable to his or her heirs upon death and not to any other third party. Sponsor may substitute a prize of comparable value if the Grand Prize becomes unavailable.

 

ODDS OF WINNING: Odds of winning depend on the number of eligible entries received.

CONDITIONS OF PARTICIPATION:Entrants agree (a) that Sponsor, Administrator and their respective parent entities, subsidiaries and affiliated companies, advertising and promotion agencies, any companies who are promotional participants or prize providers, and Web masters and Web supplies, and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, or participation in this Sweepstakes or any Sweepstakes related activity, or for any printing, production, typographical, human or other error in the printing, offering or announcement of any prize; and (b) except where legally prohibited, winner grants (and agrees to confirm that grant in writing) permission for the Sponsor and their agencies to use winner’s name and/or likenesses for purposes of advertising and trade without further compensation, unless prohibited by law. Potential winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and will be required to complete a W-9 and where lawful, a Publicity Release via overnight mail within ten (10) days of attempted notification.  If documents are not returned on a timely basis, or if prize notification/prize is returned as non-deliverable, or if potential winner is found to be ineligible or not in compliance with these Rules, such prize will be forfeited and awarded to an alternate winner. All materials submitted become the property of the Sponsor and will not be returned. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the responsibility solely of the U.S. Sweepstakes Winner. U.S. Sweepstakes Winner will be issued a 1099 tax form for the appropriate retail value of prize. By participating in this Sweepstakes, you acknowledge and agree that Sponsor may collect the personal information submitted by you, and use the information pursuant to Sponsor’s privacy policy available online at http://oreillyauto.custhelp.com/app/answers/list/c/78,170. By participating in this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor.

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 Sweepstakes or in any Sweepstakes-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 Sweepstakes or Website, as solely determined by the Sponsor, will be disqualified (and all associated entries will be void), and Sponsor reserves the right to terminate such Entrant’s eligibility to participate in this or any other Sweepstakes 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 Entrants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes. Should any portion of the Sweepstakes 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 Sweepstakes, and select winner for the random drawing 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 Sweepstakes, 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 Entrant’s or other person’s system or equipment occasioned by participation in this Sweepstakes.

 

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 WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM WWW.OREILLYAUTO.COM, OR ANY OTHER WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES.  WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE 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.

 

ARBRITRATION/CHOICE OF LAW:  Except where prohibited by law, Entrants in the Sweepstakes agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the administration of the Sweepstakes 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 SWEEPSTAKES BUT IN NO EVENT SHALL ATTORNEYS’ FEES BE AWARDED; AND (3) UNDER NO CIRCUMSTANCE WILL AN ENTRANT 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 Official Rules, or the rights and obligations of Entrant(s) and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Missouri without regard to conflicts of law doctrine.

Sponsor Decisions

Sponsor reserves the right to disqualify any participant or winner and may refuse to award any Prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Sweepstakes, or obtained winner status using fraudulent means. All decisions affecting the Sweepstakes made by Sponsor are final.

 

Release

By entering the Sweepstakes, entrants agree to release, defend, and hold harmless O’Reilly Automotive Stores, Inc., and their respective affiliates and subsidiaries, and each of their directors, officers, employees and agents (“Released Parties”) from any and all liability for injuries, losses or damages of any kind resulting from participation in the Sweepstakes and the receipt of or use or misuse of any Prize or component thereof. Released Parties are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant's participation in the Sweepstakes or from downloading any material from the Sweepstakes Sponsor’s servers or from any other Internet web site, regardless of whether the material was prepared by Sweepstakes Sponsor, or a third party.

 

General Rules

The Sweepstakes is void in any jurisdiction where prohibited. The Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend this Sweepstakes or any drawing and may conduct a drawing and select a winner from among all entries received prior to the action taken. All applicable U.S. federal, state and local laws and regulations apply. By accepting any prize, Winners acknowledge that the Sweepstakes Sponsor has neither made, nor is in any manner responsible or liable for any representations, guarantees or warranties, express or implied, in fact or in law, regarding any awarded Prize, including but not limited to its quality, merchantability or mechanical condition. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Prizes. Purchase or acceptance of a product offer does not improve your chances of winning. Sponsor is not responsible for incomplete, lost, late, damaged, illegible or misdirected e-mail or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's internet service provider and/or e-mail client or for insufficient space in user’s e-mail account to receive e-mail. Sponsor is not responsible for any damage to any participant’s computer system/software related to or resulting from participation or downloading any materials in this promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. If, for any reason, the Sweepstakes cannot be conducted as planned by reason of infection by computer virus, unauthorized intervention, technical failures, or any other causes beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend this Sweepstakes or any drawing and may conduct a drawing and select a winner from among all entries received prior to the action taken. By accepting prize, winner (or parent/legal guardian if winner is deemed a minor in his/her state of residence) accepts the inherently dangerous nature and risk in attending the O’Reilly Sponsored events, including personal injury and/or death, acknowledges that there are natural factors and occurrences which may impact on or affect the safety of the activities he/she is participating in, and he/she assumes the risk of such factors and occurrences and agrees that the Released Parties shall not be in any way responsible for any resulting injury and/or death.

 

Taxes

Any valuation of the Prizes stated above is based on available information provided to Sponsor, and the value of any Prize awarded to a winner may be reported for tax purposes as required by law. The winner is solely responsible for reporting and paying any and all applicable taxes.

 

Sweepstakes and Official Rules©

All rights reserved. The names of individuals, groups, companies, products and services mentioned herein, and all corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their responsive owners. The mention of any individual, group or company, or the inclusion of a product or service as prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and except as indicated no association of endorsement is intended or should be inferred.

 

Privacy

Sweepstakes Sponsor will be collecting personal data for the administration of the Sweepstakes and for purposes of internal market research. No such personal data will be transferred or sold to any third party except in the following circumstances:

·       when permission is granted;

·       when, in good faith, required by law;

·       to affiliated companies, provided that such affiliated companies and their agents and advisors and their respective employees are restricted from using the information for any purpose other than as described in these Official Rules; and

·       to Sponsor’s respective agents for data processing purposes, respective professional advisors and promotional and marketing agencies, provided that such agents, professional advisors and promotional and marketing agencies are restricted from using the information for any purpose other than as described in these Official Rules.

Sweepstakes Sponsor may match aggregated, statistical use information to parameters established by third parties, without releasing user information. This information will not contain any personally identifiable information. Sweepstakes Sponsor may share aggregate information with trading partners, co-branded sites, participating sponsors and advertisers; however, this aggregated information will not contain personally identifiable information. Any requests for a Winner’s List, access to the information you have supplied, to update or rectify your information, or to be removed from the Sweepstakes, must be made by texting STOP to 46786. Text HELP to 46786if you would like more information. Send questions to 46786

 

WINNERS LIST: For a list of the winners, send a separate, self-addressed, stamped (#10) envelope to:O’Reilly Promotions Headquarters, Attn: Super Start Super CartText-To-Win, 233 South Patterson Ave, Springfield, MO 65802. No email requests will be fulfilled. “Click here for the winner list”

 

Sponsor/Administrator

O’Reilly Automotive Stores, Inc., 233 South Patterson, Springfield, MO 65802. Questions about this sweepstakes can be emailed to socialmedia@oreillyauto.com.     

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