DESI9N TO DRIVE CAMPAIGN
Terms and Conditions
These Terms and Conditions govern your child’s participation in the NAPA Chase Elliott DESI9N TO DRIVE Campaign (the “Campaign”). By signing the DESI9N TO DRIVE Entry Form, you agree to these Terms and Conditions, which shall be binding on both you and your child.
How to Participate
In order for your child to enter, provide your child with the DESI9N TO DRIVE coloring book (the “Coloring Book”). The Coloring Book includes images of Chase Elliott’s shoes, NASCAR car, and “#9” logo. Your child should color each image with color markers, crayons, or color pencils.
Your child is only permitted to make one (1) Submission/ You represent that your child’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below. Receipt of entries will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor.
Sponsor will select up to 7 Submissions to be custom printed on a vehicle wrap, and wrapped around Chase Elliott’s race car, and other racing gear worn or displayed by Hendrick Motorsports #9 team during the race on September 5th, 2021 at Darlington Raceway (“Finalists”). Sponsor may sell the race worn items in an online public auction, with all proceeds going to Chase Elliott Foundation to benefit Children’s Healthcare of Atlanta), and may also include the Submissions in various items of merchandise to be sold to the public, with a portion of proceeds going to Chase Elliott Foundation to benefit Children’s Healthcare of Atlanta. Finalists will be selected based on which Submissions Sponsor determines in its sole discretion best represent the NAPA brand and conform to the Submission Guidelines and Content Restrictions. Sponsor may choose more than seven (7) Submissions as Finalists at Sponsor’s sole discretion, and may choose fewer than seven (7) Submissions as Finalists if Sponsor determines in its sole discretion that fewer than seven (7) Submissions appropriately represent the NAPA brand and conform to the Submission Guidelines and Content Restrictions.
You and/or your child will not be entitled to any compensation if your Submission is selected either as a Finalist or a winner.
You represent that you have read, agree to, and understand these entire Terms. SUBMISSION WILL NOT BE HELD IN CONFIDENCE. IF YOU DO NOT WISH SUBMISSION TO BE MADE PUBLIC AND/OR DO NOT WISH TO GRANT SPONSOR THE RIGHT TO DISPLAY SUBMISSION ON ITS CHANNELS (AND THE RELATED RIGHTS) (INCLUDING ANY CONTENT THAT INCLUDES OR DEPICTS SENSITIVE AND PERSONAL INFORMATION ABOUT YOU OR YOUR CHILD), DO NOT MAKE OR ALLOW YOUR CHILD TO MAKE A SUBMISSION. By granting us permission to use the Submission, you fully and unconditionally agree to be bound by these Terms, without modification, including all disclaimers, terms and conditions set forth in these Terms, which will be final and binding in all matters relating to the Program.
2. Eligibility. Participation open only to legal residents of the fifty United States or the District of Columbia. Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. The following individuals and members of their families (parents, grandparents, children, siblings, spouses) and immediate households (whether related or not) are not eligible for participation: officers and directors of Sponsor, Hendrick Motorsports, Chase Elliott Motorsports, Chase Elliott Foundation, PROSPORT Management, Children’s Healthcare of Atlanta, NASCAR, and each of their parent, subsidiary and affiliated companies, and Sponsor’s advertising and promotion agencies. All federal, state and local regulations apply.
Entry form must be signed by the legal parent or guardian of the child making a submission as part of the Campaign. By signing, you represent and warrant that you are 18 years of age or older, or the age of majority in your jurisdiction, and have authority to agree to these Terms and Conditions on behalf of the child submitting an entry.
3. Grant of Rights You hereby give NAPA AUTO PARTS (“Sponsor”) its advertising agency VMLY&R (“Agency”), and their affiliates subsidiaries, or any party designated by Sponsor or Agency including but not limited to Hendrick Motorsports, Chase Elliott Motorsports, Chase Elliott Foundation, PROSPORT Management, and Children’s Healthcare of Atlanta (the “Licensees”) a royalty-free, irrevocable, perpetual, non-exclusive, worldwide license to use, reproduce, modify, publish, broadcast, create derivative works from, and display your child’s Submissions, as well as your and your child’s name, image, likeness, photograph, voice, and biographical material (“Likeness”), whether included in the Submission or used by the Licensees in connection therewith, in whole or in part, on a worldwide basis, and to incorporate the Submission and Likeness into other works, in any form, media or technology now known or later developed, including but not limited to television, digital media, and any and all Internet media, including Sponsor’s and its partner’s web sites and properties and on social networking sites (e.g., Facebook, YouTube, Twitter etc.), and any other websites, for any legal purpose whatsoever, including without limitation to advertise Sponsor’s products and services or in furtherance of the Campaign, as well as to incorporate the Submission in a custom-printed vehicle wrap and/or to create and sell physical merchandise that incorporates the Submission. Submissions may be cut, edited, reformatted, rearranged, combined with other materials (including by removing branding, copyrighted materials and/or logos) and/or otherwise modified, in Sponsor’s sole and absolute discretion. Sponsor is not obligated to feature any Submissions in any fashion and is not obligated to notify submitters that they have or have not been selected. You and your child will not have the right or opportunity to review or approve the Licensees’ use of your child’s Submissions.
4. Submission Guidelines and Content Restrictions: You agree that your child’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may reject any Submission if it believes, in its sole discretion, that the Submission fails to conform to the Guidelines and Restrictions.
The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
The Submission must not in any way disparage Sponsor or any other person or party;
The Submission must not contain material that is inappropriate, indecent, obscene threatening, hateful, tortious, defamatory, slanderous or libelous;
The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on appearance, race, gender, religion, nationality, disability, sexual orientation or age;
The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created.
The Submission cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, violent or promote any particular hate speech or message;
The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Campaign.
You acknowledge that other participants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in your child’s Submission. You understand and agree that you will not have any claim against any other participant or Sponsor arising out of any such similarity or be entitled to any compensation because of any such similarity.
SPONSOR IS UNDER NO OBLIGATION TO SCREEN OR MONITOR SUBMISSIONS BUT MAY REVIEW ALL SUBMISSIONS AND POST OR REMOVE SUCH SUBMISSIONS FROM ANY SITE OWNED, ADMINISTERED, AND/OR MONITORED BY SPONSOR AT ITS SOLE DISCRETION, AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY. Sponsor will make all determinations as to what Submissions is appropriate in its sole discretion. Sponsor is not obligated to select or use any Submissions or to produce any materials containing such Submissions, such determination to be in Sponsor’s sole discretion.
5. Conditions. By participating, you agree on your own behalf and on behalf of your child to release and hold harmless Sponsor, and its advertising and promotion agencies (including without limitation Agency), the Licensees, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Campaign, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend the Campaign should (in its sole discretion) virus, bugs, non-authorized human intervention, cheating, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Campaign.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES 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 SITE AND/OR ENTRY IN THE CAMPAIGN, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CAMPAIGN. WITHOUT LIMITING THE FOREGOING, THIS CAMPAIGN IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE 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.
7. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Terms, including, without limitation, the Campaign. Any controversy or claim arising out of or relating to these Terms and/or the Campaign shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York.
THESE TERMS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Terms and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and/or the Campaign, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
8. Indemnification. Upon Sponsor’s request, you agree to defend, indemnify, and hold harmless the Released Parties, and their respective employees, contractors, officers, directors, and agents from and against any and all claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to (i) any breach by you or your child of any of these Terms, (ii) any violation of applicable law, (iii) any agreement with a third party to which you or your child are subject, and (iv) Released Parties’ use of your child’s Submission or any content contained in it, including your or your child’s name, image, likeness, photograph, biographical material or other information, including without limitation any claims arising out of or based upon copyright infringement, trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite or edited form of your Submission, name, image, likeness or other information submitted to Released Parties. For the avoidance of doubt, Released Parties shall not be liable for any inaccuracies, technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to participate in the Campaign, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this promotion or downloading any materials related to the Campaign. Sponsor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.