NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Sponsor: The Sponsor of Nitrocross Tesla Cybertruck Giveaway is Nitro Rallycross LLC dba Nitrocross.
2. Eligibility: Nitrocross Tesla Cybertruck Giveaway (the "Sweepstakes") is only open to those who sign up at www.nitrocrossracing.com/sweeps. The Sweepstakes is only open to legal residents of 47 states of the United States (excluding Florida, New York and Rhode Island) and the District of Columbia who are at least 18 years of age or older as of the date of entry. Employees, independent contractors, interns, officers, directors, and agents of Nitrocross (the "Sponsor") their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers, professional advisors, advertising, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN THE PRIZE.
3. Agreement to Rules: By entering the Sweepstakes, the contestant ("You") agree to comply with and abide by these Rules and the decisions of the Sponsor, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the Sponsor's decisions as final and binding as it relates to the content of this campaign. Entrants should look solely to the Sponsor with any questions, comments or issues related to the Sweepstakes.
4. Entry Period: The Sweepstakes begins at on 06 December, 2023 at 7:00PM PST and ends at on 10 December, 2023 at 6:00PM PST (the "Entry Period") (unless otherwise determined by Nitrocross). Entries are deemed to be received at the time of receipt by Sponsor, not the time of transmission by Entrant. Entries submitted before or after the Entry Period will not be eligible.
If you are participating in this Sweepstakes via your mobile device (which service may only be available via select devices and participating wireless carriers and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Each wireless carrier’s rate plan may vary, and you should contact your wireless carrier for information on data plans and charges relating to your participation in this Sweepstakes.
6. Prizes: The winner(s) of the Sweepstakes (the "Winner") will receive the following prizes:
o 1 winner(s) will receive a 2024 Tesla Cybertruck (the “Prize”) (approximate retail value $100,000.00 USD)
Actual/appraised value of Prizes may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except for at the Sponsor's discretion. The Prize is nontransferable. Substitution of the Prize or transfer/assignment of the Prize to others or request for the cash equivalent of the Prize by the Winner is not permitted. Any and all Prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Acceptance of the Prize constitutes permission for the Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
Except for applicable manufacturers standard warranties, the Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Unless expressly stated, all other costs and expenses associated with taking the Prize become the responsibility of the Winner. In the event that for any reason whatsoever the Winner does not take the Prize at the time stipulated by the Sponsor, the Prize will be forfeited by the Winner. The Winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Once the Prize has left the Sponsor’s/Prize supplier’s premises, the Promoter will not be responsible for any delay in delivery or loss or damage to the Prize. The Prize may not, without the prior written consent of the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If the Prize is sold or used in breach of this condition, the Promoter may, at their absolute discretion, withdraw the Prize. In this instance, no refund, substitute or compensation will be offered to the Winner or any person who has purchased or otherwise bears the Prize.
7. Odds of Winning: The odds of winning the Prize depends on the number of eligible entries received.
8. Winner Selection and Notification: The Winner will be selected by Random Draw under the supervision of the Sponsor. The Winner will be notified within 7 days of the winner selection. The Sponsor shall have no liability for a Winner's failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the Prize within 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 of the Prize offered in this Sweepstakes by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. The Prize will not be shipped outside the United States or to Alaska or Hawaii. Any violation of these official rules by the Winner at the Sponsor's sole discretion will result in the Winner's disqualification as winner, and all privileges as winner will be immediately terminated. Each potential winner is subject to verification by the Sponsor, whose decisions are final and binding in all matters related to the Sweepstakes. An Entrant is not a Winner unless and until the Entrant’s eligibility has been verified and the Entrant has been notified that verification is complete and no further action is needed.
9. Rights Granted by the Entrant: By entering this content (e.g., photo, video, text, etc.), You understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, 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 the 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 Nitrocross from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Nitrocross may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
10. Terms and Conditions: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries 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 Sweepstakes 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 Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
11. Limitation of Liability: By entering the Sweepstakes you agree to release and hold harmless Nitrocross and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties”) from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorized human intervention in any part of the Sweepstakes; (iii) electronic or human error in the administration of the Sweepstakes or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail; (vii) flood, earthquake or other acts of God, including interruptions due to pandemics/epidemics; (ix) work stoppages or other labor interruptions; or (x) any personal injury, death, or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Sweepstakes, use of the Form, Sweepstakes platform, submission of entries, or the download of any information from the entry form or Sweepstakes platform.
IN NO EVENT WILL NITROCROSS OR RELEASED PARTIES BE LIABLE TO ENTRANTS FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANTS’ PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ENTRANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Entrants acknowledge that there may be inherent risks in some aspects of the Sweepstakes and that participation in the Sweepstakes and/or using the Prize may involve participating in dangerous activities. By entering this Sweepstakes and/or accepting the Prize, Entrants accept that risk.
12. Disputes: This Sweepstakes is governed by the laws of the State of California, without respect to conflict of law doctrines. By participating in this Sweepstakes, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Sweepstakes). You further waives all rights to have damages multiplied or increased.
14. Winners List: To request a copy of the winners list please contact the Sponsor. Requests must be sent within four (4) weeks of the end of the Entry Period.
15. The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks that are used to share the Sweepstakes. You understand that you are providing your information to the owner of the Sweepstakes and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks.
16. Acceptance of Rules: By participating in the Sweepstakes, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms and Conditions.