2022 ACDelco Brakeathon Fall Promotion - Official Rules

2022 ACDelco Brakeathon Fall Promotion - Official Rules

CONTEST PERIOD
The 2022 ACDelco ISC Fall Brakeathon and Fourth Quarter Brakeathon Promotion (“Promotion”) is offered in Canada by ACDelco, a division of General Motors of Canada Company “GM Canada” (1908 Colonel Sam Drive, Oshawa, ON, L1H 8P7 - hereinafter the “Sponsor” or “ACDelco”) and takes place from 12:00:00 a.m. Eastern Time (“ET”) October 1, 2022 to November 30, 2022 at 11:59:59 pm ET (“Promotion Period”).
 
ELIGIBILITY
The Promotion is open to active Canadian Independent Service Centre businesses (“ISC”) who: (i) are residents of and have a legal business in Canada; and (ii) perform vehicle service and repairs for vehicle owners. The ISC owner/manager (an “Entrant”) must register for the Promotion and must have reached the legal age of majority in their province or territory of residence at the time of registration.  Notwithstanding any other provision of these Official Rules (these “Rules”), authorized GM Canada Dealers, ACDelco Distributors and/or jobbers and any other person or entity involved in the administration, execution or fulfillment of this Promotion (including without limitation the Administrator (defined below) as well as their respective employees, representatives and agents (collectively, the “Promotion Parties”) are not eligible to participate in this Promotion.  
 
For greater certainty, the Entrant must be authorized at the time of registration (and must remain authorized during and after the Promotion) by the ISC to: (i) provide to GM Canada any and all required information that relates to the ISC for the purposes of administering and promoting the Promotion in accordance with these Rules; (ii) enter the Promotion on behalf of the ISC; and (iii) agree to be legally bound by these Rules on behalf of the ISC. Each Entrant must ensure the ISC account is in compliance with these Rules.
 
At any point during or after the Promotion (including, without limitation, after a prize has been awarded), the Sponsor reserves the right, in its sole and absolute discretion, to require proof, in form and substance satisfactory to the Sponsor (including, without limitation, requiring the Entrant to sign a legally binding agreement such as an affidavit), that: (i) the Entrant meets the eligibility requirements specified in these Rules; (ii) the ISC meets the eligibility requirements specified in these Rules; (iii) neither the Entrant nor ISC in any way has knowledge that the Entrant violated these Rules (as determined by GM Canada in its sole and absolute discretion); (v) the Entrant has the legal right to: (a) enter the Promotion on behalf of the ISC; (b) agree to be legally bound by these Rules on behalf of the ISC; and/or (c) consent to the storage, usage and sharing of any personal information submitted in connection with this Promotion for purposes of administering and promoting the Promotion; and/or (vi) is required for any other reason GM Canada deems necessary, in its sole and absolute discretion, for the purposes of administering this Promotion in accordance with these Rules, or for any other reason.       
 
INDEPENDENT CONTEST ADMINISTRATOR
CMG Marketing Inc. (the “Administrator”), 895 Don Mills Road, Toronto, ON, M3C 1W3.
 
AGREEMENT TO THE OFFICIAL RULES
By participating in the Promotion, each Entrant (on its own behalf and on behalf of the applicable ISC) fully and unconditionally agrees to and accepts to be legally bound by these Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein, as determined in the sole discretion of the Sponsor.
 
PROMOTION DETAILS:  
October and November: If an ISC that has been registered for this Promotion by its Entrant by October 25, 2022 to qualify for the October draws and November 25, 2022 to qualify for the November draws and promotion merchandise (the “Promotion Deadline”) buys a minimum of $1,000 (single transaction not required, net before tax less warranty and returns) in ACDelco Professional/Gold, Advantage/Silver and/or Genuine GM brake parts in ACDelco classified lines 14, 44 and 17 from a qualifying Canadian ACDelco Full Line Distributor between October 1, 2022 and November 30, 2022 (an “Eligible Offer Purchase”), such ISC will earn one (1) charcoal grey toque with embossed ACDelco logo (valued at $25 Canadian) (sizing, colour and all other characteristics will be determined by the Sponsor in its sole and absolute discretion), while supplies last, for each Eligible Offer Purchase, to a maximum of eight (8) toques (ACDelco will reward on a maximum of $8,000 in net purchases) per ISC. Any purchases made above this threshold will not earn any additional toques.

Plus – each ISC that has been registered for this Promotion by its Entrant by the Promotion Deadline and buys a minimum of $100 (single transaction not required, net before tax less warranty and returns) in ACDelco Professional/Gold, Advantage/Silver and/or Genuine GM brake parts in lines 14, 44 and 17 from a qualifying Canadian ACDelco Full Line Distributor between October 1 to 31, 2022 (an “Eligible October Contest Purchase”) and November 1 to 30, 2022 (an “Eligible November Contest Purchase”) will receive one (1) entry (a “Promotion Entry”). Limit of one (1) Entry per Eligible Contest Purchase; however, an ISC may make multiple Eligible Contest Purchases and receive a corresponding number of Entries for the Promotion (i.e. not limited to a maximum of $2,500 in Eligible Contest Purchases). 
 
NO PURCHASE NECESSARY: To receive an Entry without having to make an Eligible Contest Purchase, an Entrant must hand-print his/her name (first name, last name), complete mailing address (including postal code), daytime telephone number (including area code), ISC name and indicate that he/she is requesting an October Entry on a 3” x 5” card and mail these materials in an envelope (with sufficient postage) to: 2022 ACDelco Brakeathon Fall Promotion PO Box 374, Don Mills, Ontario M3C 2S7 (a “Promotion Mail-in Request”). Promotion Mail-in Requests must be postmarked prior to November 25, 2022 and only those received by the October and November Draw Dates (defined below) will be eligible. No mechanical reproductions are permitted. Promotion Mail-In Requests become the property of the Sponsor and will not be acknowledged or returned.  If an eligible Promotion Mail-in Request is received, the applicable Entrant that submitted such Promotion Mail-in Request will be provided with one (1) Promotion Entry. There is no limit to the number of Promotion Mail-in Requests that may be submitted by an Entrant; however, each Promotion Mail-in Request must be mailed in a separate envelope bearing sufficient postage (i.e. mass Promotion Mail-in Requests in the same envelope will be void).
 
ADDITIONAL RULES AND REGULATIONS
  • Limit of one (1) registration per ISC and per Entrant. Duplicates will be discarded. Registrations will take place by completing the online form found on www.TechConnectCanada.com.  To complete the registration, the entrant must provide their first name, last name, complete mailing address (including postal code), valid email address, valid telephone number and ACDelco account code (if one is on record).  
  • Form requires an internet connection and for the user to submit the data.  Form data will not be submitted if there are any errors, inclusive of duplicates, or missing information.  You will also be required to acknowledge you have read and agree to comply with these Rules.
  • You will automatically be registered if you registered for any of the following past ACDelco Canada promotions:  2020/2021 ACDelco Brakeathon Fall Promotion or the 2021/2022 ACDelco Around the Wheel in 60 Days Promotion.
  • By registering for the Promotion, each Entrant (on its own behalf and on behalf of the ISC) consents to the Sponsor, its agents and/or representatives, enabling the storing, sharing and using of the information submitted within the registration for the purpose of administering and sharing promotional information during the Promotion and in accordance with GM Canada’s privacy policy available here: http://www.gm.ca/gm/english/corporate/about/privacy/overview. This section does not limit any other consent(s) that an Entrant or ISC may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal and business information.
  • By opting in where indicated, Entrants agree to receiving communications from ACDelco, at the contact information provided during the registration, regarding promotion updates and offers.
  • Incomplete or inaccurate information provided during registration will result in disqualification from the Promotion (as determined by the Sponsor in its sole and absolute discretion).  The Sponsor (nor any other of the Promotion Parties) will not be responsible for contacting an Entrant (or ISC) that provided incomplete registration details.
  • In order to be eligible for the Promotion, a purchase must be reported each month to ACDelco via the proprietary ACDelco eSmart reporting system and will be based on the tagging and reporting completed by the individual Full Line Distributor. Incomplete tagging, reporting and transferring of data as well as late reporting will result in disqualification of the applicable purchase. All tagging in respect of Eligible October Contest Purchases and Eligible October Offer Purchases must be completed by the Full Line ACDelco Distributor by October 31, 2022 11:59:59 PM PST. All tagging in respect of Eligible November Contest Purchases and Eligible November Offer Purchases must be completed by the Full Line ACDelco Distributor by November 30, 2022 11:59:59 PM PST. In the event of any dispute on a total purchase for the purposes of this Promotion, ACDelco will default to using eSmart data as of November 1, 2022 for the October aspect of the Promotion, and December 1, 2022 for the November aspect of the Promotion, all at 12:00PM PST.
  • ACDelco will review the applicable purchases.  The dates and details for pulling and reviewing data are November 9, 2022 for the October aspect of the Promotion; December 9, 2022 for the November aspect of the promotion. 
  • Collectively, October Entries and November Entries will be referred to as “Entries”. 

Grand Prize Details:
  • There will be nine (9) Grand Prize (the “Grand Prize”) available to be won nationally. Each Grand Prize consists of one $750 Best Buy Canada gift card (subject to availability at the time of redemption and to the terms and conditions of the issuer).

IMPORTANT NOTE: Each Grand Prize will be awarded to the confirmed winning ISC business Owner.  Grand Prizes must be accepted as awarded and is not transferable, assignable or convertible to cash. No substitutions are permitted, except at the Sponsor’s option. Sponsor reserves the right at any time to substitute the Grand Prize for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion. The winner is solely responsible for all expenses that are not included in the Grand Prize description above – including, but not limited to, any amount not covered by the maximum value of the Grand Prize as stated in these Rules. The Promotion Parties will not involve themselves in, and the Released Parties (defined below) accept no obligation or liability in respect of, any decision regarding the subsequent distribution, allocation, use or misuse of a Grand Prize. Limit of one (1) Grand Prize per Entrant.
 
Monthly Prize Details:
  • A total of six (6) Monthly Prizes (the “Monthly Prizes”) will be awarded in total over the two Promotion months.  
  • Three (3) Monthly Prizes will be allocated each month (October and November) and will be a national draw. 
  • Each Monthly Prize consists of one $1,500 parts credit, to be used for ACDelco parts purchases at an Authorized ACDelco Full Line Canadian Distributorship (subject to the terms and conditions of the issuer). 
  • ACDelco will supply the confirmed distributor with the credit to provide the rebate to credit the winning ISC. The funds will be awarded to the registered ISC account business by the Distributor, to offset the purchase of ACDelco parts from the specific Distributor. Credit is open for use by each of the winners (i.e. an ISC), at only one designated ACDelco distributor and cannot be partitioned to more than one distributor.    

IMPORTANT NOTE: Each Monthly Prize will be awarded to the confirmed winning ISC business Owner.  Monthly prize must be accepted as awarded and is not transferable, assignable or convertible to cash. No substitutions are permitted, except at the Sponsor’s option. Sponsor reserves the right at any time to substitute the Monthly Prize for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion. The winner is solely responsible for all expenses that are not included in the Monthly Prize description above – including, but not limited to, any amount not covered by the maximum value of the Monthly Prize as stated in these Rules. The Promotion Parties will not involve themselves in, and the Released Parties (defined below) accept no obligation or liability in respect of, any decision regarding the subsequent distribution, allocation, use or misuse of a Monthly Prize. Limit of one (1) Monthly Prize per Entrant.
 
Prize Draws: 
October Monthly Prizes Draws: Three (3) random draws will be held at 1:00 P.M. ET, on November 18, 2022 (the “October Draw Date”) respectively as follows:
  • Three (3) random draws to select three (3) potential Monthly Prize winners from among all October Entries received in accordance with these Rules (odds of winning depend on the number of October Entries received in accordance with these Rules); 

November Monthly Prizes Draws: Three (3) random draws will be held at 1:00 P.M. ET, on December 16, 2022 (the “November Draw Date”) respectively as follows:
  • Three (3) random draws to select three (3) potential Monthly Prize winners from among all November Entries received in accordance with these Rules (odds of winning depend on the number of November Entries received in accordance with these Rules); 

Grand Prizes Draws: Nine (9) random draws will be held at 1:30 P.M. ET on the November Draw Date on December 16, 2022 respectively as follows:
  • Nine (9) random draws to select nine (9) potential Grand Prize winners among all National Entries in accordance with these Rules (odds of winning depend on the number of Entries received in accordance with these Rules); 

Each potential prize winner will be notified by email, mail and phone and will be required to sign and return a Prize Release form. Failure to timely return signed documents within the specified time for any reason will cause the applicable prize to be forfeited and awarded to an alternate winner which will be selected via a subsequent random draw (from among the applicable remaining Entries received in accordance with these Rules ).   If a potential prize winner cannot be reached within the time limit or declines the applicable prize, a new draw will be administered to select an alternate potential winner. The replacement draw for Monthly Prizes will be held (if needed) at 1:00 P.M. ET, on November 30, 2022 for the October draw and December 28, 2022 for the November draw and Grand Prize draw. 
 
Restrictions
  • All ACDelco specific brake purchases will be summarized by official ACDelco ISC account codes. Purchases and Entry qualifications will be calculated using ACDelco’s eSmart purchase Reporting System, using net brake purchases (total purchases before tax less warranty less returns) and all purchases must be posted by November 10, 2022 for Eligible October Contest Purchases and December 10, 2022 for Eligible November Contest Purchases; All qualifying brake purchases from multiple ACDelco Authorized Full Line Distributors will be combined for that specific month. Late or inaccurately reported purchases will not be applied.  If purchases are provided late through this reporting, and ISCs are tagged later than the applicable deadline indicated above, such purchases will not qualify for this Promotion.  
  • Incorrectly reported purchases will not qualify.  ACDelco’s records are final in the event of a dispute. 

General Conditions
The following general conditions apply to all potential prize winners:

1) To be declared a winner and claim the applicable prize, the potential winner must:
 
a) The Sponsor or its designated representative will make a minimum of three (3) attempts to contact the eligible winner (using the information provided on the Entry) within three (3) business days of the Draw Date. 
 
b) Correctly answer a time-limited, mathematical skill-testing question that will be asked by the Administrator over the telephone at a mutually convenient time without help of any nature and by the deadline outlined.
 
c) Be eligible according to these Rules and sign a Liability and Publicity Release form that will be sent by e-mail and return it, duly completed to the Administrator within five (5) business days of its receipt. The Liability and Publicity Release requires a potential winner to confirm acceptance of the applicable Prize as awarded, eligibility to participate in this Promotion and compliance with these Rules and to release the Promotion Parties and all of their respective employees, directors, officers, shareholders, agents, successors and assigns (collectively, the “Released Parties”) from any liability and damages which could arise out of or in any way related to the Promotion and from the awarding, receipt, possession and/or use or misuse of the applicable prize.
 
2)   Failure to comply with any of the above conditions or otherwise with these Rules (as determined by the Sponsor in its sole and absolute discretion), will result in disqualification.  If, as a result of an error relating to the entry process, drawing or any other aspect of the Promotion or for any reason, there are more potential winners of prizes than contemplated in these Rules, the Sponsor at its sole discretion (subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec), may conduct a random drawing amongst all eligible prize claimants after the Promotion closing date to award the correct number of prizes (at any prizing level) or may terminate or amend the Promotion in whole or in part without notification to Entrants.
 
 3)  Upon receipt of the Liability and Publicity Release form, the Promotion organizers will notify each of the prize winners in the manner in which he/she will have to take possession of the applicable prize. The Sponsor reserves the right to determine how the presentation of the prize will occur and this may be either through a media event, by mail, or in person.

4)  By entering this Promotion, each winner authorizes ACDelco, GM Canada and their representatives to use in any related publicity, if required, his/her name, photograph, image, and any statements he/she may make regarding the prize or the Promotion, place of residence and/or voice and ISC name for advertising purposes worldwide in perpetuity and in any form of media including the Internet, without any form of compensation.

5)  No communication or correspondence will be exchanged with Entrants, except with the Entrants selected as potential winners.

6)  In the event that, for reasons beyond their control and not related to the winner, the Promotion organizers are unable to award a prize as described in these Rules, the Promotion organizers may, in their sole discretion, substitute a prize for another prize of equal or greater value.

7)  The Promotion is void where prohibited by law and is subject to all Federal, Provincial and Municipal laws and regulations. Subject only to the following paragraph, any dispute arising hereunder shall be adjudicated in the applicable court in Toronto, Ontario.

For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

8)  Purchases, Entries, Entrants, ISCs and any other information submitted in connection with this Promotion are subject to verification by the Sponsor. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying any Entrant or ISC’s eligibility to participate in this Promotion; (ii) for the purposes of verifying the eligibility and/or legitimacy of any purchase, Entry or other information entered (or purportedly entered) for the purposes of this Promotion; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Promotion in accordance with these Rules.  Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification at the sole and absolute discretion of the Sponsor.  The sole determinant of the time for the purposes of this Promotion will be ACDelco’s server machine(s). The Released Parties may not be held liable for (i) late, lost, delayed, not received, damaged, misdirected, incomplete, postage due, stolen, fraudulent or illegible Entries or purchase orders (all of which shall be automatically void and not eligible for this Promotion); (ii) failure to receive Entries due to transmission failures, busy signals, or technical failures of any kind, including, without limitation, malfunctioning of any network, servers, access providers, hardware or software, whether originating with sender or recipient; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Promotion and breaches of privacy due to interference by third party computer “hackers”. The Sponsor/ reserves the right to void any Entry and/or cancel or modify the Promotion in whole or in part (without notice to Entrants individually; however, subject only to the approval of the Régie) if, in its sole discretion, it determines that for any reason (such as tampering or infection by computer virus or any other cause beyond its control) the Promotion is not capable of running as originally planned, fraud, technical failures, human, printing or distribution errors, or any other causes or occurrences have compromised the administration, safety, fairness or integrity of the Promotion. Any person or entity entering this Promotion or trying to do so by any means which goes against the intention of these Rules and which would be unfair to the other participants will be automatically disqualified and the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law - including criminal prosecution. 

9) Winner’s Name: For the names of the winners, available after January 31, 2023, send a letter along with a self-addressed, postage stamped envelope to “2022 ACDelco Brakeathon Fall Promotion” Winner’s Request List, P.O. Box 374, Don Mills, ON, M3C 2S7. Names will be available until March 1, 2023.

10) By entering this Promotion, each Entrant (on his/her own behalf and on behalf of the ISC) accepts and agrees to be bound by these Rules and the decisions of the Sponsor and the independent contest administrator, which are final, binding and conclusive on all matters relative to this Promotion. 

11) GM CANADA PRIVACY POLICY 
At General Motors of Canada Company ("GM Canada"), we respect your privacy and value our relationship with you.  
Please contact us at 1-800-GM-DRIVE (1-800-463-7483) or view our revised privacy Policy on our Web site at http://www.gm.ca/privacy.  Alternatively, our mailing address is: Consumer Privacy Co-ordinator, General Motors of Canada, Mailcode CA1-163-005, 1908 Colonel Sam Drive, Oshawa, Ontario, Canada L1H 8P7. 
 
Copyright 2022 General Motors of Canada Company — all rights reserved
 
12) TAX STATUS
The Prizes awarded under this Promotion are made by GM Canada to the confirmed winners.  Liability (if any) for withholding, reporting or payment of any applicable Federal, Provincial, GST or other sales or Income Tax is the sole responsibility of the confirmed winner, and not ACDelco or GM Canada or any of the other Released Parties.  

13) The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Promotion mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Promotion as contemplated in these Rules, or for any other reason. In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Promotion-related materials, including, but not limited to: the registration form, website, French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.

14) BEST BUY GIFT CARD TERMS AND CONDITIONS - SEE COMPLETE DETAILS ONLINE 
Redeemable in any Best Buy store in Canada or online at BestBuy.ca where available for merchandise or services, including some Geek Squad-related services. No expiration date; no fees. Not redeemable for cash or gifts cards. Lost, stolen, or damaged Cards replaced only with valid proof of purchase to extent of the remaining card balance. Not valid as payment on a Best Buy credit card. Not a credit or debit card. Check Card balance online at BestBuy.ca or call 1-866-787-7991. Must have Card number available. Subject to the terms and conditions found at www.bestbuy.ca including a pre-designated dispute resolution process. See BestBuy.ca for full details. Terms subject to change without notice. All terms enforced except where prohibited by law.