Meta Social Media Giveaway Rules Summary
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 GIVEAWAY IS NOT SPONSORED, ADMINISTERED, ENDORSED, OR AFFILIATED IN ANY WAY BY OR WITH FACEBOOK®.
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
ELIGIBILITY: Six Facebook winners will be chosen at random. No purchase necessary for Giveaway entry. Purchase does not enhance chance of winning. Entry dates are as follows: Thursday, September 5, 2024, from the time of the contest post through Thursday, September 12, 2024, at 11:59 pm CST. All Giveaway submissions must be received by Thursday, September 12, 2024, at 11:59 pm CST to be eligible for entry. Winners will be chosen by random drawing and will be notified via Facebook Messenger. We will publish, with winner’s consent, a post about the winner on Facebook. Your information will not be used for any other purposes or sold or rented to third parties. Rush Truck Centers will announce the winners via social media by Thursday, September 26, 2024, at 11:59 pm CST. For more information about how Rush uses the information you provide, see Rush’s privacy policy here. Any and all prizes cannot be redeemed for cash, unless noted otherwise. Entries that do not meet all qualifications will be automatically disqualified without notification. Must be a US citizen over the age of 18 to qualify. For Official Rules, see below.
SOCIAL MEDIA GIVEAWAY OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who have a Facebook page, and who are 18 years or older as of the date of entry. The Campaign is open only to legal residents of the United States and is void where prohibited by law. Employees of Rush Enterprises, Inc. and its affiliates and subsidiaries (“Rush”), and its advertising and promotion agencies, and suppliers (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Entrant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decision of Rush as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting from the time of the Giveaway post on Thursday, September 5, 2024, through Thursday, September 12, 2024, at 11:59 pm CST. All Facebook likes and comments must be received by Thursday, September 12, 2024, at 11:59 pm CST. Extra credit entries (see “4. How to Enter”) must be received by Thursday, September 12, 2024, at 11:59 pm CST. Winners will be announced by Thursday, September 26, 2024, at 11:59 pm CST.
4. How to Enter: The Campaign must be entered by liking our post and tagging a friend in a comment on our post. You can earn one additional entry on Facebook only if you share the post and use #winthelast389. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Rush Enterprises.
Alternatively, you may enter by submitting a 3x5 index card with your first and last name, physical address (no post office boxes), daytime telephone number, and email address and send it to Attn: Rush Marketing-Meta Giveaway Entry, Rush Enterprises Foundation, 555 IH35 South, New Braunfels, TX, 78130. Each index card shall constitute one entry. You may send a maximum of two (2) index card entries, and you may include a maximum of one (1) index card in a single envelope. 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 not 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.
5. Prizes: The Winner(s) of the Campaign (the “Winner”) will receive a package including limited edition Last Peterbilt Model 389 commemorative merchandise and other Rush Truck Centers branded merchandise. The specifics of the prize shall be solely determined by Rush Enterprises. No cash or other prize substitution shall be permitted except at Rush Enterprises’ discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. The total retail value of the prize is approximately $200.00. Actual value may vary based on factors beyond Sponsor’s control.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of Rush Enterprises. Winners are eligible to receive only one prize and may not win more than once per contest on Facebook. Winner will be notified by Facebook Messenger within five (5) days following selection of Winner. Rush Enterprises shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within seven (7) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited, and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT RUSH‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Terms & Conditions: Rush reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Rush’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Rush may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Rush. Rush reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Rush has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, Rush reserves the right to seek damages to the fullest extent permitted by law.
9. Limitation of Liability:
LIMITATIONS OF LIABILITY, RELEASE & FORCE MAJEURE: Sponsor, Sponsor’s affiliates, Facebook, Instagram and any other third party platform where the Giveaway may be promoted are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Giveaway, 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 Giveaway, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (v) destruction of any aspect of the Giveaway, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Giveaway; (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 Giveaway, 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 Giveaway, 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 IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
Sponsor, Sponsor’s affiliates, Rush Enterprises, Inc., Rush Enterprises, Inc.’s affiliates, Facebook, Instagram and any other third party platform where the Giveaway may be promoted, and each of the foregoing’s 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, pandemic, epidemic, terrorism, riot, water, hurricane or fire.
BY ENTERING THE GIVEAWAY, 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 GIVEAWAY AND GIVEAWAY-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 Giveaway, 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 Giveaway, 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.
10. Disputes: 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.
11. 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.
12. Winners List: To obtain a copy of the Winners’ names or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Rush Enterprises, Inc., ATTN: Madison Saulter, 555 IH35 South, New Braunfels, TX 78130. Requests must be received no later than six weeks from the date the Campaign entry period closes.
13. Sponsor: The Sponsor of the Campaign is Rush Enterprises Foundation, 555 IH35 South, New Braunfels, TX 78130 (“Sponsor”). The Campaign hosted by Rush Enterprises, Inc., ATTN: Madison Saulter, 555 IH35 South, New Braunfels, TX 78130 is in no way sponsored, endorsed, administered by, or associated with Facebook/Instagram.