Heroes Automobile Gallery
Terms and Conditions
NO PURCHASE NECESSARY TO PARTICIPATE IN THE PROMOTION. A PURCHASE OR PAYMENT WILL NOT INCREASE THE CHANCES THAT YOUR SUBMISSION WILL BE APPROVED BY SPONSOR. OPEN TO ALL LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS AND EMAIL ADDRESS ARE REQUIRED TO ENTER.
1. ELIGIBILITY: The AutoPartsWarehouse.com Heroes Automobile Gallery (the "Promotion") is offered only to legal residents in the 50 United States (including the District of Columbia) who are 18 years of age or older at the time of submission (each an "Eligible User"). U.S. Auto Parts Network, Inc., a Delaware corporation ("U.S. Auto") and any of their owners, affiliates, directors, subsidiaries, franchisees, employees and advertising and promotion agencies/consultants (collectively "Released Parties") and their immediate family members are not eligible to participate in the Promotion. All federal, state and local laws and regulations apply.
2. SPONSOR: The Promotion is sponsored by U.S. Auto Parts Network, Inc., 16941 Keegan Ave., Carson, CA 90746 ("Sponsor").
3. AGREEMENT TO TERMS AND CONDITIONS: Participation in the Promotion constitutes Eligible User's full and unconditional agreement to and acceptance of these Terms and Conditions and the decisions of Sponsor, which are final and binding. Receiving the offered discount coupon code is contingent upon fulfilling all requirements set forth herein.
4. HOW TO ENTER:
a. To enter:
i. Visit the Promotion landing page at www.autopartswarehouse.com/Heroes (the "Promotion Landing Page").
ii. Click "Submit Photo".
iii. Complete the form and choose an image to upload from your computer or device.
iv. Click “Enter.”
v. You must log on to Facebook if you want to share your submission with your Facebook friends.
b. After you have completed the steps in paragraph 4(a), Sponsor will check your submission for compliance with these Terms and Conditions. If the submission complies with these Terms & Conditions, Sponsor will use the email address you provided to send you the offered discount coupon code. Non-compliance to these Terms & Conditions will render your submission invalid.
C. When you complete the form online or other- wise provide us information in connection with the Promotion, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Promotion and pursue any appropriate legal remedies. All required submission information must be completed in full to be considered. Proof of delivery or receipt of any kind of submission will not be deemed by Sponsor as proof of submission. Any attempted form of submission other than as described herein is void. The use of automated devices to submit (or any other devices intended to automate or subvert any aspect of participation) is prohibited. Submissions that are incomplete, illegible or corrupted are void and will not be accepted. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. Submissions become the sole property of Sponsor and none will be returned. The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Sponsor and not to Facebook.
5. PHOTO GUIDELINES:
a. Photographs: All photographs must reflect the Promotion theme. Photographs that are inappropriate, indecent, or obscene, as determined by Sponsor in its sole discretion, will be disqualified. If an individual other than the Eligible User is pictured in the photo the Eligible User must have the permission of the individual or, if the individual is a minor, the permission of the parent or legal guardian of the individual, to submit the photo in the Promotion. If requested by the Sponsor, Eligible Users must provide the Sponsor with evidence of any required permissions in a form acceptable to and within the time required by the Sponsor. Photographs should not include any text or watermarks on the photo. By uploading your submission, you agree that the photograph conforms to the guidelines and content restrictions set forth above.
b. Original Photographer/Copyright: All submissions must be submitted by the original photographer. Photographs taken by someone other than an Eligible User will be disqualified. As an Eligible User, you must be the sole owner of the copyright of any image submitted. The submission of any photograph is your guarantee that you are the author and copyright holder of such photograph. In addition, by entering, you represent and warrant that the submission you upload does not infringe any other person’s or entity’s rights, such as copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
c. Ownership/Use Rights: As an Eligible User, you retain the copyright to your photograph, and all rights thereto, except as follows: you grant to Sponsor a non-exclusive, worldwide, royalty-free, perpetual license to the photograph. Sponsor shall have the right to edit, adapt and publish the description and/or photograph submitted, and may use the submission in any media in association with the Promotion and/or the promotion of Sponsor’s business without compensation to you, your successors or assigns, or any other entity. By entering the Promotion, you agree to have your submission used and displayed, either singularly or in combination with other submissions and in any size, on social media, the internet, and print materials of Sponsor without any fee or other form of compensation due at any time for so long as desired by Sponsor. Credits, descriptions, or titles, if any, used with the photos are in Sponsor’s sole discretion. In the event that ownership of any submission uploaded is challenged in any manner by any person, Sponsor may invalidate that submission and discontinue use of the photograph.
7. LIMITATION OF LIABILITY: Sponsor and the Released Parties are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable e-mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsor and the Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error.
8. BINDING NATURE, WAIVER, INDEMNIFICATION: By participating in the Promotion, you agree: (a) to be bound by these Terms and Conditions and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Terms and Conditions; (c) to waive all of your rights to bring any claim, action, or proceeding against any of Sponsor or the Released Parties in connection with AutoPartsWarehouse.com's Facebook Page, the Promotion, or the Promotion Landing Page; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless Sponsor and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise in connection with: (i) AutoPartsWarehouse.com's Facebook Page, the Promotion, or the Promotion Landing Page, including but not limited to your participation or inability to participate in the Promotion, (ii) typographical or printing errors in these Terms and Conditions or the Promotion materials, (iii) any change in the offered discount coupon code (or any components thereof) due to unavailability, or due to reasons beyond Sponsor's control, (iv) any interruptions in or postponement, cancellation, or modification of the Promotion, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any submission, (vii) any technical malfunctions or unavailability of AutoPartsWarehouse.com's Facebook Page, Landing Page or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or by you, (viii) interruption or inability to access AutoPartsWarehouse.com's Facebook Page, the Promotion Landing Page or any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged submissions, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, or (xii) any negligence or willful misconduct by you. SPONSOR AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN THE PROMOTION AND/OR ACCEPTANCE AND/OR USE OF THE OFFERED DISCOUNT COUPON CODE. BY PARTICIPATING IN ANY PROMOTION, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILTY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.
9. PUBLICITY RIGHTS: By accepting the offered discount coupon code, you agree to allow Sponsor and/or Sponsor's designee the perpetual right to use your name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, world wide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
2014 U.S. Auto Parts Network, Inc. All Rights Reserved. These Terms and conditions may not be reprinted or republished in whole or in part without the prior written consent of Sponsor.