TRUCK OF THE MONTH CONTEST RULES
THE TRUX TRUCK OF THE MONTH CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK OR INSTAGRAM. MANY WILL ENTER; FEW WILL WIN.
Message & Data Rates May Apply: If you choose to participate via a mobile device, message and data rates may apply based on your wireless carrier’s rate plan. Internet access may not be available from your wireless carrier, or in your area. Message and data rates may apply even if your use of a mobile device does not result in Contest entry.
- ELIGIBILITY. “The Trux Truck of the Month Contest” (“Contest”) is open to legal residents of (and who are physically present in) the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry. The following are ineligible: employees and their spouses, immediate families (parent, child, sibling and any of their respective spouses) and household members of any of the foregoing (whether or not related) of Trux, Inc., (“Sponsor”), and its parents and subsidiaries, and participating vendors, (collectively, including Sponsor, the “Contest Entities”). The Contest is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. By entering the Contest, participants agree to accept and be bound by all terms of these “Official Rules.” Void in Canada, Puerto Rico, U.S. territories and possessions and where prohibited or restricted by law.
To be eligible, entries must be submitted and received during the Entry Period. Sponsor’s computer is the official time clock. Entries must be submitted in the name of an eligible living person. All entries become the property of the Sponsor and will not be acknowledged. Proof of submitting an entry does not constitute proof that Sponsor received the entry in the Contest.
Limit: one (1) entry per person/email address. Multiple entries received in violation of the entry limitation, false or deceptive acts or entries, or entries generated by script, macro or other automated means will be void, will render a participant ineligible, and also may result in participant no longer being allowed to enter Sponsor’s sweepstakes, contests or other promotions in the future, at Sponsor’s sole discretion.
- HOW TO WIN; ODDS OF WINNING:
On or around July 31, 2020 one (1) potential winner (collectively, when verified by Sponsor as set forth below, the “Winner,”) will be randomly selected by Sponsor, from among all eligible entries received during the Contest Period. The odds of winning will depend on the total number of eligible entries received. Each Winner will be notified by Sponsor via direct message and must meet all eligibility requirements including timely replying to Sponsor’s notification and executing and returning all necessary releases and documents required by Sponsor. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
At the sole discretion of Sponsor, disqualification may result from any of the following: If the potential Winner (i) fails to respond to the notification or contact Sponsor within forty eight (48) hours from the date Sponsor sends such notice, (ii) fails to sign and return all necessary documents within the time period designated by Sponsor, (iii) declines the prize, (iv) fails to provide Sponsor with satisfactory proof of age, identity and residency, or (v) fails to comply with any of the Official Rules as outlined herein, such potential Winner will be disqualified and an alternate Winner will be chosen.
Sponsor has the right to conduct a background check of any and all records of any winner, his/her parent or legal guardian, and his/her guest participating in winner’s acceptance of the prize, including without limitation, civil and criminal court and police records. Sponsor may take all steps necessary to corroborate any information provided to Sponsor by the winner, winner’s parent/legal guardian and any applicable guest and each will be obligated to provide necessary information to assist Sponsor with the background check. If winner, his/her parent/legal guardian and/or any applicable guests have been convicted of a felony or misdemeanor, charged with or accused of engaging in any activities involving moral turpitude, harm to children, or any other activity that conflicts with Sponsor’s image, Sponsor reserves the right to disqualify Winner.
The decisions of Sponsor in all matters regarding this Contest are final and binding.
- One (1) Winner will receive one (1) $50 Visa Gift Card (the “Grand Prize”). The Winner is responsible for all costs and expenses not expressly provided for above. TOTAL ARV OF PRIZES: Fifty Dollars ($50.00 US). No substitution or transfer of prizes or cash redemption is permitted. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value in the event the advertised prize (or portion thereof) is not available for any reason, at its sole discretion. Winner is responsible for the reporting and payment of all federal, state and local taxes (if any) and any other costs and expenses associated with prize acceptance and use not specified in these Official Rules and/or in the applicable entry instructions as being provided. All details of the prizes not specified herein at Sponsor’s sole discretion.
- GENERAL. By participating in this Contest, participants grant the Contest Entities the right, unless prohibited by law, to use the participant’s name, voice, picture and likeness, biographical information, and any photo, video, or other form of digital media uploaded by participant to Facebook, Instagram, or otherwise for the Contest (each, an “Entry”), without compensation, further notification or approval, for the purpose of advertising and publicizing the goods and services of the Contest Entities and all matters related to the Contest, in any manner or medium, throughout the world in perpetuity. By entering this Contest, You represent and warrant that your Entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your Entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Sponsor. If the content of your Entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
The Contest Entities, Facebook, Instagram and their respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, website providers, web masters, and their respective officers, directors, employees, representatives, and agents (collectively, the “Released Parties”) are not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed entries, or for technical, hardware, or software failures of any kind, lost or unavailable network, cable, satellite, internet service provider, telephone, telephone lines or other connections, preemptions, blackouts or any other non-controllable acts concerning a website, a television broadcast, failed, incomplete, garbled or delayed computer transmissions or other errors or problems of any kind which may limit or affect a person’s ability to participate in the Contest, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. In the event of sabotage, acts of god, terrorism or threats thereof, computer virus or other events or causes which corrupt or undermine the integrity, administration, security or proper operation of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify entrants and/or modify, cancel or suspend the Contest. In the event of termination, Sponsor reserves the right, at their sole discretion, to award the prizes from among all non-suspect eligible entries received up to the time of such action.
THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF THE WEBSITE. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND PARTICIPANTS AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITIES FOR INJURY/DEATH, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS CONTEST (REGARDLESS OF THE CAUSE OF SUCH INJURY OR LOSS), THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF THE PRIZE AWARDED AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS OR FOR LOST, LATE, MISDIRECTED, INCOMPLETE, CORRUPTED OR ILLEGAL/UNAUTHORIZED SUBMISSIONS. WINNER ACKNOWLEDGES THAT THE PRIZE IS AWARDED “AS IS” AND THAT SPONSOR HAS NOT MADE, AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN LAW OR IN FACT, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor is not responsible for any typographical or other error in the offer or administration of this Contest, or in the announcement of Contest Winners and Prizes. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Website, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Contest (or any portion thereof); (b) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
- ARBITRATION/CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.
The Contest Entities and you (“Parties”) agree that these Official Rules affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Any dispute/claim relating to this contract or its breach, the Official Rules or any prize awarded (“Claim”) that is not informally resolved within fifteen (15) days of notice, shall be finally resolved by arbitration in your state of residence. The arbitration will be administered by the AAA under its AAA Rules, will be conducted in English and by a single arbitrator, and any court with jurisdiction may enter judgment regarding the arbitrator’s award.
The Contest Entities will bear the cost of any arbitration filing fees and arbitration fees for claims of up to Seventy-Five Thousand US Dollars ($75,000 USD), unless the arbitrator determines that the arbitration is frivolous. You are responsible for any other costs that you may incur in the arbitration, including, attorney fees and expert witness costs, unless the Contest Entities are otherwise required to pay such costs under applicable law. You may pursue your claim in small claims court where jurisdiction and venue over the Contest Entities is proper if your claim otherwise qualifies for such court and you do not seek any equitable relief.
The Parties agree that the Contest Entities and you will resolve any Claim on an individual basis, and that any Claim will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding (“Class Proceeding”). The Parties further agree that neither will participate in any current or future Class Proceeding brought by any third party relating to the contract, Official Rules, or any prize.
If any court or arbitrator determines that the class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then the relevant claim will not be subject to arbitration and must be litigated in federal court located in Boston, Massachusetts.
The agreement to arbitrate and class action waiver also apply to any Claims you assert against the Contest Entities’ or their advertisers or their respective present or future parent, subsidiary or affiliated companies.
- OFFICIAL RULES OR WINNER’S LIST: For a copy of these Official Rules or the Winner’s Name (which should be available on or about July 1, 2020), send a self-addressed, stamped envelope (residents of VT need not include return postage) to the following address (please specify “Official Rules” or “Winners”): “The Trux Truck of the Month Contest,” Trux, Inc., Attn: Marketing 1601 Trapelo Rd, Suite 140, Waltham, MA 02451. All requests must be received by August 30, 2020.
- SPONSOR: Trux, Inc., Attn: Marketing 1601 Trapelo Rd, Suite 140, Waltham, MA 02451
© 2018 Trux, Inc. All Rights Reserved.
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