CASH FOR CARS HOLIDAY GEAR CONTEST
(the “Contest”) Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS, VALID E-MAIL ADDRESS, AND AN ACCOUNT ON FACEBOOK, INSTAGRAM, AND/OR TWITTER REQUIRED.
The Contest is open only to legal residents of the fifty (50) United States who are eighteen (18) years of age or older. By participating in the Contest, you agree to these Official Rules and the decisions of Copart, Inc. (“Copart” or “Sponsor”), which are final and binding in all respects and are not subject to appeal.
This promotion is in no way sponsored, endorsed or administered by, or associated with any third party, including Facebook, Instagram or Twitter. By participating, you release and agree to hold harmless Facebook, Inc./Instagram and Twitter, Inc. from any and all liability in conjunction with the promotion.
1. Contest Schedule:
Contest Entries will be accepted as described below from December 3, 2018, at 12:01 a.m. Central Time (CT) to December 28, 2018, at 11:59 a.m. CT (the “Entry Period”). The Entry Period is comprised of approximately four (4) weeks, as follows:
Week Start Date/Time End Date/Time Drawing Date (On/About)
- December 3, 2018 at 12:01 a.m. CT December 7, 2018 at 11:59 a.m. CT December 7, 2018
- December 7, 2018 at 12:00 p.m. CT December 14, 2018 at 11:59 a.m. CT December 14, 2018
- December 14, 2018 at 12:00 p.m. CT December 21, 2018 at 11:59 a.m. CT December 21, 2018
- December 21, 2018 at 12:00 p.m. CT December 28, 2018 at 11:59 a.m. CT December 28, 2018
2. How To Enter the Contest:
A. Log into your public account on Facebook, Instagram and/or Twitter. Go to the official Copart “Cash for Cars” page on Facebook, Instagram and/or Twitter, as follows:
- Facebook: https://www.facebook.com/1800CashForCars/
- Instagram https://www.instagram.com/realcashforcars/
- Twitter https://twitter.com/_Cash4Cars_/
If you have not done so already, follow/like the Copart “Cash for Cars” page on Facebook, Instagram and/or Twitter.
B. Take a photo of your vehicle adorned with holiday-themed gear: show Copart your holiday spirit. You must own the vehicle shown in the photo. Tag the photo with #cashforcarscontest and #holidaycargear and post the photo to your public account on Facebook, Instagram and/or Twitter. You may include a caption (of no more than 25 words) along with your Photo but this is not required nor will adding a caption increase your chances of winning. Your Photo and any accompanying Caption together constitute your “Contest Entry.”
C. Membership on Facebook, Instagram and Twitter is free. However, Instagram is an “app” and is intended/designed for use on a compatible mobile device.
D. Wireless Internet access fees and other charges may apply to use of a mobile device for Contest entry. You may be charged by your wireless carrier for participating via a mobile device. It is recommended that you review your wireless carrier’s pricing plan BEFORE entering the Contest via a mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas.
3. Contest Entry Restrictions- In General:
A. Limit of one (1) Contest Entry per person per social media platform (using only one (1) public account on each social media platform), for a total of three (3) Contest Entries per person during the Entry Period. Use of any artifice or device to violate the entry limit will result in voiding of all Contest Entries other than the initial Contest Entry; however, Sponsor reserves the right to disqualify an entrant altogether if Sponsor determines that a given entrant has engaged in egregious, blatant or repeated violations of the entry limit.
B. Receipt of Contest Entries may be acknowledged by Sponsor, but any such acknowledgment merely reflects Sponsor’s receipt of the Contest Entry and does not constitute any representation of its eligibility or selection as a prize winner.
C. In case of dispute, the person who is the authorized account holder of the e-mail address associated with the social media account used to post the Contest Entry will be deemed to be the entrant. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the provided e-mail address.
4. Contest Entry Restrictions – Content of Entry: A Contest Entry will be deemed void and entrant submitting same disqualified if the Photo or accompanying Caption violates any of the following requirements, as determined by Sponsor in its sole discretion:
A. Violates the trademark, copyright, intellectual property or other rights of any third party. If a third party or its property is included or referenced in the Photo or accompanying Caption, entrant must have secured the written permission of such third party prior to submitting the Photo/Caption.
B. Is inappropriate for publication, offensive or obscene (including hate speech, profanity or pornographic content).
C. Advocates violence, alcohol consumption or drug use or any illegal act (including but not limited to vehicle shown in Contest Entry not being street-ready and in full compliance with applicable traffic laws).
D. Disparages, reflects poorly upon or adversely affects the goodwill associated with Sponsor and/or its business operations, or includes any references to competitors of Sponsor.
E. Includes any personally identifiable information, such as one’s name, telephone number or license plate number.
F. Is not relevant to the Contest theme as set forth in Rule 2.B. above. In addition to voiding a Contest Entry and disqualifying the entrant, Sponsor reserves the right to petition the operator of the applicable social media channel to take down any violative content, and/or to take such other actions as Sponsor deems necessary and appropriate in its sole discretion so as to protect its rights.
5. Entrant’s Grant of Rights in Photo/Caption: Each entrant grants to Sponsor a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the Photo and any accompanying Caption in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to the entrant. (The preceding grant of rights is subject to those rights expressly retained by Facebook, Inc./Instagram or Twitter, Inc. (as applicable) as the operator of a social media channel.) Each entrant further waives any “Moral Right of Authors” (Droit Moral) in the Photo and any accompanying Caption. Each entrant further agrees, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record the preceding grant of license rights.
POSTED CONTEST ENTRY (PHOTO AND ANY ACCOMPANYING CAPTION) REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE PROSPECTIVE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR DISCLAIMS ANY AND ALL LIABILITY RELATIVE TO CONTEST ENTRIES, INCLUDING BUT NOT LIMITED TO MODERATING, REVIEWING OR FILTERING PHOTOS AND ACCOMPANYING CAPTIONS. SPONSOR WILL NOT EDIT PHOTOS OR ACCOMPANYING CAPTIONS IN CONJUNCTION WITH ADMINISTRATION OF THE CONTEST.
6. Random Drawing:
A. Winners will be selected via a series of weekly random drawings. Each drawing will consist of all eligible Contest Entries received up to and including the entry deadline for that weekly random drawing as per the chart in Rule 1. (Non-winning eligible Contest Entries WILL be retained for a subsequent weekly random drawing(s), as applicable.) Provided that the content of the Photo and any accompanying Caption is in compliance with these Official Rules (including the restrictions set forth in Rule 4 above), the nature and quality of the Photo/Caption will not be taken into account in the winner determination process.
B. Prize winners will be publicly announced on the Copart “Cash for Cars” pages on Facebook, Instagram and Twitter and contacted via the social media channel used to submit the winning Contest Entry. In order to claim a prize, the winner must comply with the prize claim instructions by providing his/her complete name, age, and mailing address (in the United States or Washington, DC) and any other requested information/materials to: email@example.com within the time period indicated in the prize claim instructions. Upon confirmation of eligibility and compliance with these Official Rules, the prize will be mailed to the address provided as part of prize claim. If a prize winner does not comply with the prize claim instructions, is later determined by Sponsor not to be eligible and in compliance with these Official Rules, cannot be contacted despite Sponsor’s reasonable attempts to do so, or if the prize is returned as undeliverable, the prize will be forfeited without compensation and an alternate winner will be selected from among all remaining eligible Contest Entries received during the Entry Period.
7. Prizes/Odds Of Winning:
A. Prizes (4, 1 winner per weekly random drawing): $25 gift card. Sponsor will determine gift card issuer in its sole discretion. The gift card is subject to terms and conditions of use as indicated thereon.
B. Odds of winning depend on the number of eligible Contest Entries received for a given weekly random drawing.
C. Limit of one (1) prize per family/household/address in the Contest. All unspecified expenses in conjunction with prize acceptance/use and all taxes on prize are winner’s sole responsibility. No prize substitution. The prize is not redeemable for cash except where required by law. The prize is not transferable.
8. Conditions of Participation:
A. Employees, officers and directors (and their immediate families) of Sponsor, its parent, divisions, subsidiaries, affiliates, marketing/advertising/promotion agencies and any other entities involved in the development, production or administration of the Contest are not eligible. (Immediate families refers to parents, children, siblings, and spouse, whether in the same household or not.) In addition, no person or entity who is party to a contract with Copart or its agents/representatives to provide marketing, advertising or promotional services (including, without limitation, social media influencers or bloggers), or who has in the past been compensated by Copart or its agents/representatives for providing such services, is eligible to enter the Contest. Void where prohibited by law.
B. Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance shall not constitute the waiver of such provision. Sponsor is not responsible for Contest Entries/Photos/Captions that are lost, late, illegible/garbled, corrupted, misdirected, defective, inaccessible, compromised, incomplete or damaged and all such Contest Entries/Photos/Captions are void. Sponsor is also not responsible for (a) any incomplete, incorrect or inaccurate information, whether caused by tampering, hacking, equipment malfunction/failure or other cause; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission of Contest Entries/Photos/Captions, communications line failure, theft or destruction or unauthorized access to, or alteration of, Contest Entries/Photos/Captions (including filtering or other operation of the functionality of Facebook, Inc./Instagram or Twitter, Inc., as applicable); or (c) any problems or technical malfunctions, disruptions or failures of any kind, including telephone network or lines, computer on-line-systems, servers or providers, software or programming, or for damage to one’s computer/mobile device (or data/information contained therein) related to participation in the Contest.. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering (or attempting to tamper) with the entry process or the operation of the Contest, or to be acting in violation of the Official Rules. The preceding in no way precludes Sponsor from taking other actions against such individuals so as to protect its rights.
C. By accepting a prize, except where prohibited by law, the winner agrees to the use of his/her name, likeness, voice, photograph and/or other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice and agrees to confirm such grant of right in writing upon Sponsor’s request and without compensation. The preceding includes but is not limited to Sponsor sharing the winning Photo/Caption on the Copart “Cash for Cars” pages on Facebook, Instagram and Twitter. By participating, each entrant indemnifies, releases and agrees to hold harmless Copart, Inc., its subsidiaries, divisions, affiliates, and agencies, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, from any and all liability arising from participating in the Contest, any Contest-related activity and/or acceptance, receipt, possession or use/misuse of any prize.
D. If, for any reason, the Contest (or any part thereof) is not capable of running as planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation, or any other cause beyond the control of Sponsor which, in its sole opinion, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or any part thereof), Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest and make the prize(s) available for affected weekly random drawing(s) from among all eligible Contest Entries received via the affected social media channel(s) prior to and/or after the action taken by Sponsor as well as all eligible Contest Entries received from unaffected social media channel(s), as applicable, or otherwise make the prizes available in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on the Copart “Cash for Cars” pages on Facebook, Instagram and Twitter.
9. DISPUTE RESOLUTION/GOVERNING LAW: To the fullest extent permitted by law, by participating in the Contest, you agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or the rights and obligations of any entrant and/or Copart, Inc. shall be filed in the courts in the County of Dallas, State of Texas, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action (and expressly waive any right of change of venue, forum non conveniens or any like right); (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any entrant and/or Copart, Inc., shall be resolved individually, without resort to any form of class action, and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), including costs associated with participating in the Contest but in no event attorneys’ fees; and (d) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket expenses (if any), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and/or Copart, Inc., shall be governed by and construed in accordance with the laws of the State of Texas without giving effect or regard to any principles or doctrines of conflicts of law/choice of law of the State of Texas or of any other jurisdiction.
11. Winners List: A list of winners will be available after January 15, 2019. To obtain a list of winners, send a self-addressed, stamped envelope to Copart, Inc., Attn: Marketing Department/Holiday Gear Winners, at the address set forth below. Sponsor: Copart, Inc., 14185 Dallas Parkway, Suite 400, Dallas, TX 75254.