NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The StackCommerce Tesla Car Give Away (the “Promotion”) begins at 3:00:00 AM Pacific Time (“PT”) on September 18, 2020 and ends at 11:59:00 PM PT on December, 31, 2020 (the “Promotion Period”). The Promotion contains a game of chance (“Sweepstakes”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion.
NOTICE OF PANDEMIC: THIS PROMOTION WAS DEVELOPED IN ADVANCE OF JUNE 1, 2020, AND AT THE TIME IT WAS IN DEVELOPMENT A GLOBAL PANDEMIC WAS DECLARED BY THE WHO (WORLD HEALTH ORGANIZATION) AND THE UNITED STATES DECLARED A NATIONAL EMERGENCY. DUE TO THE UNPRECEDENTED NATURE OF THE COVID-19 PANDEMIC, SPONSOR RESERVES THE RIGHT TO LIMIT, EXTEND, REVISE, OR CANCEL THE PROMOTION IN ITS SOLE DISCRETION AT ANY TIME.
ELIGIBILITY: Entrants must be 18 years of age or older as of date of entry to be eligible to win. Employees, officers and directors of StackCommerce, Inc. (“Sponsor”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies, (collectively, “Promotion Parties”) their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void in any state not listed above and where prohibited by law, rule or regulation. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules, any terms that apply to your use of Facebook’s policies and procedures (to the extent you seek Additional Entry per below) and any other terms that apply to your use of Facebook and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling the eligibility requirements set forth above and below.
Sponsor(s): StackCommerce, Inc., 21 Market Street, Los Angeles, California 90291 and any co-sponsors shown on the dedicated Sweepstakes page at StackCommerce.com (collectively referred to hereafter as “Sponsor”).
Sweepstakes Term. The Sweepstakes will end at 11:59 PM PDT on 12/31/20 (the “Sweepstakes Term”). Sponsor’s computer is the official time keeping device for the Sweepstakes.
How To Enter. You may enter the Sweepstakes by visiting and following all onscreen instructions to complete and submit the online entry form (“Primary Entry”) on the dedicated Sweepstakes page. You can earn an Additional Entry in the Sweepstakes when you send the Sweepstakes page to a friend, age 18 or older, by following the Additional Entry instructions on the screen (“Additional Entry”) and the friend enters the Sweepstakes inputting your referral information. No other methods of delivery will be accepted, including submission by email. ALL ENTRIES MUST BE SUBMITTED DURING THE SWEEPSTAKES TERM. All entries become the exclusive property of StackCommerce and will not be acknowledged or returned. Winner will be selected at random. By entering, you agree to the terms of these Official Rules and to receive newsletters via electronic mail from the Sponsor or those directed by Sponsor (see Section “Entrant’s Personal Information” below for more details). StackCommerce is not responsible for incomplete, lost, damaged, forged, stolen, postage due, late, undeliverable, misdirected, illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software originating with StackCommerce. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by StackCommerce in its sole and exclusive discretion, and StackCommerce reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes. All entrants must remain opted in to receive email communication through the Promotion Period and through the time of Winner selection in order for Sponsor to advise the potential winner.
SWEEPSTAKES DRAWING/ODDS: On or about December 31, 2020, the Sponsor will conduct a random drawing from all eligible Entries received within the Promotion Period and select One (1) Grand Prize winner. Odds of winning the Grand Prize depend on the number of eligible Entries received. The odds of winning a prize is equal to the number of Sweepstakes prizes divided by the total number of entries to the Sweepstakes.
WINNER NOTIFICATION: The potential prize winner will be notified by email within three (3) business days of winner selection or as soon as reasonably practicable. Potential winner will have seven (7) days to respond to winning notification before forfeiting their prize. Any winner of a prize valued at $600 or more, including the Grand Prize, will be sent an Affidavit of Eligibility/Liability Release via email and a W-9 form. All forms must be completed, signed, notarized and returned to the Sponsor, along with a copy of a valid driver's license, within seven (7) days of date of issuance. Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit the prize and an alternate winner will be selected from among all remaining entries for the drawing.
GRAND PRIZE/PRIZE RESTRICTIONS: One (1) Grand Prize will be awarded consisting of: One (1) Tesla Model 3 Standard vehicle with: Rear-Wheel Drive Pearl White Multi-Coat Paint 18 inch Aero Wheels All Black Partial Premium Interior, Autopilot
The Approximate Retail Value (“ARV”) of the Grand Prize is $ 39,990.00
$25,000 (United States Dollars) Cash Option
Grand Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or other distribution restrictions. In such a case, the Winner may be required to take the cash alternative instead.
Tesla is not a prize provider. Do not contact Tesla related to this Promotion and direct all questions to Sponsor. Sponsor will work with Winner on initial order of the Grand Prize, but Winner will be required to set up a Tesla Account and the contract and transaction for the vehicle will be between Winner and Tesla, and Tesla’s terms and conditions will apply. See here https://auth.tesla.com/login and here https://www.tesla.com/support/model-3-ordering-faq for some additional information. Should Winner select any other color or features for the vehicle above the ARV amount, Winner will be responsible for any additional fees or costs and Winner is solely responsible for any required fees such as tax, title, and fees on the vehicle.
PRIZE RESTRICTIONS: Limit of one (1) Promotion Prize per person/per household. All Promotion prize will be ordered approximately four (4) to six (6) weeks after the Promotion has ended, and delivery is dependent upon Tesla, who is not associated with this Promotion. Tesla’s ability to manufacture vehicles during the pandemic has been interrupted and this may impact sales and distribution capabilities and timelines. Prizes will be awarded only upon winner redemption, confirmation, verification and final approval by Sponsor. No substitution, transfer of any prize or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute the Cash Option, if prize, or portion of prize, becomes unavailable, is delayed or otherwise impacted by the pandemic. Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes.
PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE PROMOTION PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY. GENERAL: Each winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and province of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort, privacy, or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption in the Promotion Parties, including but not limited to the failure or interruption of any third party platform used to share a referral code such as Instagram or Facebook or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed in Rule 5. All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. The Promotion Parties reserve the right to cancel or modify the Promotion at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. The authorized account holder of an email address shall mean the natural person assigned to such account by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with such account. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means (including Entries submitted by a sweepstakes service) will be disqualified and transmissions from these or related mailing, email or IP addresses may be blocked. Entries that are incomplete, illegible, garbled, or corrupted are void and will not be accepted.
CONDUCT: By participating in this Promotion, you agree to be bound by these Official Rules and the decisions of the Promotion Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotion Parties reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. FORCE MAJEURE: IN THE EVENT THAT THE PROMOTION PARTIES ARE UNABLE TO PERFORM THEIR OBLIGATIONS UNDER THESE OFFICIAL RULES BECAUSE OF ACTS OF GOD, PANDEMIC, STRIKES, GOVERNMENT OR QUASI-GOVERNMENT OR BUSINESS SHUT DOWNS OR SLOW DOWNS, EQUIPMENT OR TRANSMISSION FAILURE OR DAMAGE REASONABLY BEYOND ITS CONTROL, OR OTHER CAUSES REASONABLY BEYOND ITS CONTROL, THE SPONSOR MAY MODIFY, TERMINATE, OR POSTPONE THIS PROMOTION, IN WHOLE OR IN PART, IN ITS SOLE DISCRETION AND THE PROMOTION PARTIES SHALL NOT BE LIABLE FOR DAMAGES TO ANY ENTRANT OR PRESUMED ENTRANT FOR ANY DAMAGES RESULTING FROM SUCH FAILURE TO PERFORM, DELAY TO PEROFORM OR OTHERWISE FROM SUCH CAUSES.
LIMITATIONS OF LIABILITY: The Promotion Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person’s computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, pandemic, shut downs, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the prizes from among all non-suspect, eligible Entries received for the Promotion up to the time of such action.
RELEASES: All participants, as a condition of participation in this Promotion, agree to release, hold harmless and indemnify the Promotion Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Promotion, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these Official Rules. Entrants further covenant not to sue any Released Parties and hereby acknowledge that none of the Released Parties have made or is in any manner responsible or liable for any third party claims, warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the prizes. By participating in the Sweepstakes and/or accepting any prize that may be awarded, entrants agree to fully indemnify each Released Party from any and all such claims by third parties without limitation. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between you and the Released Parties. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
Entrants agree that StackCommerce, Facebook, and any other Released Parties shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Sweepstakes or any Sweepstakes-related activity (including any travel or events related to prizes awarded). StackCommerce, Facebook, and any other Released Parties assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing or participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. In the event StackCommerce is prevented from continuing with the Sweepstakes (or awarding any prize) as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within StackCommerce’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, StackCommerce shall have the right to modify, suspend, or terminate the Sweepstakes.
PARTICIPATION. By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of StackCommerce. If the potential winner declines the prize, fails to claim the prize, is unavailable for prize fulfillment, fails to abide by the Official Rules, or is ineligible, StackCommerce may randomly select an alternate winner from all remaining eligible entries. StackCommerce reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by StackCommerce. StackCommerce is not responsible for any non-intentional, incorrect or inaccurate information associated with this Sweepstakes or for any technical or human error that may occur in the administration of this Sweepstakes. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering or other causes which corrupts or impairs the administration, security, fairness or proper operation of the Sweepstakes, StackCommerce reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, StackCommerce reserves the right to award prizes based on the entries received before the termination date. The winner releases Sponsor and their affiliated companies from any claims, costs, expenses or liability incurred by winner in connection with this Sweepstakes or winner’s acceptance and use of the prize, including any travel related thereto. StackCommerce’s failure to enforce any of these Official Rules shall not constitute a waiver of that provision.
PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes, in any and all media worldwide, for any purpose and without further payment or consideration, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with Sweepstakes or other promotions, and hereby releases StackCommerce from any liability with respect thereto, unless prohibited by law.
DISPUTES. Any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved in accordance with the dispute resolution procedures set forth in our Terms of Service (section 19) https://stacksocial.com/terms. Please review carefully as those procedures require binding arbitration (in most instances) and waive any class action rights. You acknowledge and agree that those procedures provide your sole and exclusive avenue for resolving disputes related to the Sweepstakes.
CONSTRUCTION. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of California. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the State of California. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner. A 1099 tax form (preceded by a W9 Form) will be issued to the Grand Prize Winner.
WINNER LIST. For a copy of the name of the winner(s), available after 11:59 PM PDT on 12/31/20 + 1 month or a copy of these Official Rules, send a self-addressed, stamped envelope to, StackCommerce, Inc., Attn: “Winner List/Official Rules” for The Tesla Giveaway 21 Market Street, Los Angeles, California 90291.
FACEBOOK DISCLOSURES. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.