ASR Giveaway Official Rules

Congratulations to our winners, Larry Bosscher, Simon Krauts, and Michael Wood, who won our giveaway and will each receive a holiday gift basket including a $100 Visa gift card.

NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OR ABILITY TO WIN. ODDS OF WINNING DEPEND UPON THE NUMBER OF ENTRIES RECEIVED. SEE THE “ODDS OF WINNINGS” SECTION BELOW FOR MORE DETAIL. THIS SWEEPSTAKES IS OPEN ONLY TO “ENTRANTS” AS DEFINED IN PARAGRAPH 1 BELOW. THE SWEEPSTAKES AND ENTRY THERETO ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ENTRY IN THIS SWEEPSTAKES CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES AND THE TERMS & CONDITIONS AVAILABLE HERE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. THIS SWEEPSTAKES IS NOT SPONSORED, ADMINISTERED, ENDORSED, OR AFFILIATED IN ANY WAY BY OR WITH FACEBOOK®, X®, INSTAGRAM® OR ANY OTHER THIRD PARTY.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW

NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER

PLEASE READ THESE RULES CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE RULES CONTAIN A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW

Sweepstakes Name: Rush Truck Centers ASR Giveaway (“Sweepstakes”)

Sponsor (“Sponsor”): Rush Enterprises, Inc., 555 IH35 South, New Braunfels, TX, 78130

Administrator (“Administrator”): Rush Enterprises, Inc., 555 IH35 South, New Braunfels, TX, 78130

  1. ENTRANT ELIGIBILITY An “Entrant” is a person who (i) is a legal resident of one of the 50 United States or the District of Columbia (ii) is at least 18 years old and has reached the age of majority in the state in which he/she resides as of the time of entering the Sweepstakes, (iii) possesses a valid driver’s license in the state of his or her legal residency, (iv) is not on the US Bureau of Industry and Security’s Denied Persons or Entity Lists, is not on the US Treasury Department's list of Specially Designated Nationals, and is not on the US Department of Commerce's Table of Denial Orders, and (v) complies with the Method of Entry & Entry Requirements in Section 4 below. Officers, directors, shareholders, members, managers, partners, employees, agents, and representatives of Sponsor and Administrator, its parent company (if any), subsidiaries, affiliates, successors, assigns, and members of their immediate families (parents, siblings, children and spouses, regardless of where they live), and those persons living in the same household with such persons, whether related or not, are ineligible to enter. Winners will be required to sign an affidavit of eligibility, liability release and, unless prohibited by law, publicity release.
  1. ENTRY PERIOD The Entry Period begins at 12:01:00 a.m. Central Time (ET) on November 6, 2023, and ends at 11:59:59 p.m. CT on December 3, 2023 (“Entry Period”).
  1. DISQUALIFICATION Without limitation, an Entrant may be disqualified, at Sponsor’s sole discretion, if (i) Entrant has a pending arrest or conviction for a felony or misdemeanor involving a crime of moral turpitude, (ii) Entrant is subject to a restraining order; (iii) Entrant fails to meet the Method of Entry & Entry Requirements in Section 4; or (iv) Entrant violates or fails to comply with these Rules or the Sponsor’s Terms & Conditions located here.
  1. METHOD OF ENTRY & ENTRY REQUIREMENTS One (1) Entry will be allocated to each customer who completes the emailed survey during the October-November entry period. Upon completing the survey, the customer will be automatically entered into the Sweepstakes. Each Entrant is entitled to one (1) entry. Alternatively, you may complete up to one (1) separate 3x5 index card with the customer’s first and last name, physical address (no post office boxes), daytime telephone number, email address, and company name and send it to Attn: Sweepstakes Entry – Leigh Caraway, Rush Enterprises, Inc., 555 IH35 South, New Braunfels, TX, 78130. Each index card shall constitute a single entry. Kentucky residents may request postage reimbursement by writing "Please reimburse postage" on the 3x5 cards. Reimbursement will be in the form of one first-class U.S. Postal Service postage stamp. Entries received via index card must be postmarked on or before the date on which Entry Period ends and must be received by Sponsor at the address stated above within seven (7) days after the Entry Period ends. Neither Sponsor nor Administrator are responsible for late, lost, illegible, incomplete, stolen, misdirected, mutilated or postage-due entries or other mail. All entries become the sole property of Sponsor and no entry will be acknowledged or returned.
  1. ODDS OF WINNING ODDS OF WINNING DEPEND UPON THE NUMBER OF ENTRIES RECEIVED.
  1. PRIZES Three (3) prize packages as described below (individually and collectively the “Prize”) will be awarded to the three Prize Winners. The Prize Winners will each receive a gift basket that includes the following: (i) Rush Truck Centers and Rush Enterprises branded merchandise (ii) a Visa gift card valued at $100 and (iii) Christmas candy. Branded merchandise is subject to availability and may be changed or modified at Sponsor’s sole discretion. If requested, winners shall provide Sponsor with valid identification and a valid taxpayer identification number or social security number as a condition of the Prize being awarded. The Prizes are not transferable, redeemable for cash or exchangeable for any other prize. Income taxes on prizes are solely the responsibility of the Winner. The total retail value of each of these Prizes is approximately $400. Actual value may vary based on final branded merchandise.
  1. SELECTION & NOTIFICATION OF WINNERS The Winners will be determined by random drawing by December 11, 2023, which will be conducted by Administrator. The Winners will be announced on or about December 15, 2023 at www.rushtruckcenters.com/asr-giveaway. The Winners will be contacted via the email addresses or other contact information furnished by Winners when completing the entry form(s) or otherwise registering for the Sweepstakes. Winners will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, where lawful, a Publicity Release within five (5) calendar days of notification. Failure to timely return the documents and/or requested information, or the return of any prize or prize notification as being undeliverable, or if a Winner is determined by Administrator to be ineligible, Winner will forfeit the prize and an alternate winner will be selected and notified in the same manner as the original random drawing from eligible entries. Three alternate drawings will be held, after which the Prize will remain un-awarded. All decisions of Administrator are final. ODDS OF WINNING EACH PRIZE ARE DEPENDENT UPON NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
  1. TAXES The valuation of the prize stated above is based on reasonably available information provided to the Sponsor. The value of all Prizes awarded to a Winner will be reported for tax purposes as required by law. Each Winner is solely responsible for reporting and paying any and all applicable taxes. Entrants winning over $600 in prizes will receive an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will be filed with the IRS.
  1. PRIVACY & TERMS Information submitted by Entrant will be subject to Sponsor’s Privacy Policy, available online here (“Policy”) and Terms of Use available here. Submission of information in connection with this Sweepstakes (whether or not required), including, without limitation, mailing address, phone number, social media usernames, and email address during entry constitutes permission for the Sponsor to add entrant to the Sponsor’s customer database and to contact entrant in the future for promotional and other reasons. An entrant may opt-out of receiving such communications as set forth in the Sponsor’s Privacy Policy or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of emails). By entering the Sweepstakes, Entrant acknowledges that Entrant has read and agreed to the Policy, and that Entrant consents to the collection, use and disclosure of Entrant’s personal information in accordance with the Policy. By entering the Sweepstakes, Entrant also agrees that if he/she is selected as the Winner, then he/she is bound by Sponsor’s Terms of Use.
  1. DISCLAIMER ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
  1. EARLY TERMINATION Sponsor reserves the right to cancel, modify or terminate the Sweepstakes if (i) fraud, misconduct or technical failures destroy or threaten the integrity of the Sweepstakes, in the opinion of the Sponsor/Administrator; (ii) if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Sweepstakes as determined by Sponsor/Administrator or (iii) an act of God or other circumstance reasonably beyond the control of Sponsor/Administrator adversely impacts the ability of the Sponsor/Administrator to deliver the Prize, e.g., a pandemic, acts of terrorism, acts of war, weather, supply chain disruptions, etc. In the event of early termination of the Sweepstakes, Sponsor reserves the right to determine, but is not required to determine, any prize winner in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
  1. LIMITATIONS OF LIABILITY, RELEASE & FORCE MAJEURE Sponsor, Sponsor’s affiliates, Administrator, Administrator’s affiliates, Google, YouTube, Facebook, Instagram and X are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Sweepstakes, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; (ii) lost, late, delayed or intercepted transmissions; (iii) inaccessibility of any website, in whole or in part for any reason, or traffic congestions on the Internet; (iv) unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (v) destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Sweepstakes; (vi) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Site; (vii) any personal injury, or property damage or losses of any kind which may be sustained to an Entrant, to an Entrant’s or any other person's computer equipment arising out of or relating to participation in the Sweepstakes, use of any website or the download of any information from any website; (viii) any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the Sweepstakes, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws, and/or (ix) lost, stolen, or destroyed passports, airline tickets, hotel reservation documents, or any other items or materials required to claim, use or benefit from the Prize. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR ADMINISTRATOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.

Sponsor, Sponsor’s affiliates, Administrator, Administrator’s affiliates, and Google, YouTube, Facebook, Instagram and X, and their respective subsidiaries, affiliates, successors, assigns; and each of the foregoing’s respective past and present officers, directors, owners, shareholders, members, managers, partners, principals, employees, attorneys, insurers, agents and representatives (collectively "Released Parties") shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission of Entrant or any third party; or (ii) by any cause, condition, or event beyond the control of the Released Parties, including, without limitation, any act of God, war, terrorism, riot, hurricane or fire.

BY ENTERING THE SWEEPSTAKES, ENTRANT IRREVOCABLY, FULLY AND UNCONDITIONALLY RELEASES, DISCHARGES AND HOLDS HARMLESS EACH RELEASED PARTY FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, LOSSES, EXPENSES, ATTORNEY’S FEES, DAMAGES AND OTHER LIABILITIES ARISING OUT OF OR RELATING TO ENTRANT’S PARTICIPATION IN THIS SWEEPSTAKES AND SWEEPSTAKES-RELATED ACTIVITIES (SUCH AS ACCEPTANCE, POSSESSION, USE, MISUSE OR NON-USE OF ANY PRIZE), INCLUDING, WITHOUT LIMITATION, AND TO THE FULLEST EXTENT PERMISSABLE BY APPLICABLE LAW, DEMANDS, CLAIMS AND CAUSES OF ACTION FOR NEGLIGENCE, DAMAGES TO PROPERTY, BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF BUSINESS, LOSS OF CONSORTIUM, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES AND ALL OTHER FORMS OF CLAIMS, LIABILITIES AND DAMAGES.

Notice to California Residents

By entering the Sweepstakes, you acknowledge that you are familiar with the provisions of California Civil Code Section 1452, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

By entering the Sweepstakes, Entrant (on his/her behalf and on behalf of his/her heirs, executors, administrators, personal representatives, and all other persons asserting rights of or acting on behalf of Entrant) hereby unconditionally and irrevocably waives and relinquishes any right or benefit which Entrant or such person(s) have or may have against the Released Parties, under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules and Sponsor’s Terms and Conditions and Privacy Policy available here.

  1. ARBITRATION; DISPUTE RESOLUTION All disputes arising under or related to these Rules shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for conflicts of laws principles. All disputes arising under or relating to these Rules shall be submitted to and resolved by binding arbitration in Comal County, Texas, and any award shall be confirmed exclusively in the courts situated in Comal County, Texas. Entrant further irrevocably agrees and consents to the exclusive jurisdiction and venue of the courts situated in Comal County, Texas for the purposes of reviewing, confirming or otherwise relating to any arbitration award, and Entrant hereby expressly waives jurisdiction and venue in any other forum for such purposes. Any arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all findings of fact and conclusions of law, and shall be kept confidential and not disclosed for any purpose except as required by law, e.g., disclosure to tax advisors for the purpose of filing a tax return. Any such arbitration shall include a written record of the arbitration hearing.
  1. WAIVER OF JURY TRIAL ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
  1. WINNERS LIST/OFFICIAL RULES To obtain a copy of the Official Rules and Winners list, send a self-addressed stamped envelope to Sponsor at the address set forth above. Residents of Vermont are not required provide a self-addressed stamped envelope for return postage. All such requests must be received within six (6) weeks after the Winners have been announced.