ENTRANT (OR A MEMBER OF ENTRANT’S IMMEDIATE FAMILY) MUST CURRENTLY OWN OR LEASE A PASSENGER CAR AT TIME OF ENTRY AND AWARDING OF PRIZE.
THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. VOID WHERE PROHIBITED BY LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
The #CarsCarstume Contest (the “Contest”)is open to legal residents of the United States and the District of Columbia, 18 years of age or older, all at the time of entry.
Entrant (or a member of entrant’s Immediate Family) must also meet the following criteria: a) own or currently lease the car depicted in the Photo (defined below) at both the time of entry and the time of awarding the prize. If potential winner is not named on the vehicle title or lease, a member of the potential winner’s Immediate Family must be named on the loan or lease. Short term rental vehicles are not eligible.
“Immediate Family” is defined as parent, child, sibling (biological and step of the foregoing), spouse or domestic partner (defined as a committed relationship between two adults in which the partners (1) are each other’s sole domestic partner and intend to remain so indefinitely; (2) maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle); (3) are at least 18 years of age and mentally competent to consent and legally able to contract).
The car depicted in the Photo must be a passenger vehicle, including, but not limited to a car, minivan, SUV or pick-up truck, but excluding motorcycles. Entrants must have a valid e-mail address, Facebook account, Twitter Account and/or Instagram account.
Employees, contractors, interns, directors and officers of Cars.com, LLC (together with its affiliates and subsidiaries, “Sponsor”) and members of the Immediate Family and/or households of each such employee are not eligible to enter or win.
The Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions which are final and binding in all matters related to this Contest. Winning the prize is contingent upon fulfilling all requirements as set forth herein.
- CONTEST PERIOD:
The Contest begins at 4:00 pm Central Time (“CT”) on October 24, 2019 and ends at 12:00 pm CT on October 30, 2019 (the “Contest Period”).
- THREE (3) WAYS TO ENTER:
During the Contest Period, create one (1) original photograph that showcases with your vehicle fully-decorated in a “carstume” or with other decoration(s) (the “Photo”) and:
- Upload your Photo to your Instagram account, tag the Photo with the #CarsCarstume hash tag and include a mention of “@carsdotcom”; or
- Upload your Photo to your Twitter account, tag the Photo with the “#CarsCarstume” hash tag and include a mention of “@carsdotcom”;
- or Upload your Photo to the Cars.com Facebook wall (facebook.com/carsdotcom) and include the “#CarsCarstume” hash tag in the post accompanying your Photo
Instagram, Twitter and Facebook registrations are free and can be obtained by following the online instructions to open an account. If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges. Your setting must be set to “unprotected” and/or “public” in order for your posts to be viewable by Sponsor and its agents. Only posts that are viewable by Sponsor and the public will be considered an Entry.
All Entries must be received during the Contest Period. No other forms of Entry are valid. Entry must comply with these Official Rules. Sponsor reserves the right, but not the obligation, to review any Entry for violation of these Official Rules and may, at its sole discretion, reject, delete, or otherwise exclude an Entry for any reason, including without limitation, if the Entry contains any Prohibited Content or any other commentary or material which Sponsor, in its sole discretion deems inappropriate.
For the avoidance of doubt, composite photos or photo collages posted as a single image will constitute a single Photo. Photo must include entrant (or a member of entrant’s Immediate Family) and the car. Twitter and Instagram entries must be public posts from public accounts to be eligible. You will only receive one (1) entry, regardless of the number of times you upload the Photo and regardless of which method you use to upload Photo; duplicate Photos will be disqualified. If entrant submits more than one Photo, only the first Photo submitted will be eligible for entry and all subsequent Photos will be void. Sponsor’s decisions will be final and binding in all respects. Photos must be a static file format (no video files or .gifs) and size supported by the platform on which it is submitted. Photo must include original, relevant material, must comply with all Facebook, Instagram and/or Twitter guidelines, as applicable based upon method of entry, must comply with the submission requirements set forth in these Official Rules. Limit one (1) entry per person.
Entrants may not enter with multiple names, addresses or identities nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple names under multiple identities or Facebook/Instagram/Twitter accounts will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Should multiple users of the same Facebook, Twitter or Instagram account enter the Contest and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized account holder” of Facebook/Instagram/Twitter account is defined as the natural person who is assigned the Facebook, Instagram or Twitter account by Facebook, Instagram or Twitter, or other organization which is responsible for assigning such accounts. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the entry process.
- Content and Copyright Assignment.
As used herein, “Content” refers to all content you submit in connection with the Contest (e.g., the Photo, content contained in the Photo, description, text, tag names, hash tags submitted with the Photo, entrant’s user name and accompanying photograph, the Photo title, Photo comments, etc.). Sponsor reserves the right to disqualify entrant and his/her entry if the Content does not adhere to the submission requirements, as determined in Sponsor’s sole discretion.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. Submission of an entry grants Sponsor and its agents an unlimited, worldwide, perpetual, irrevocable, license and right to publish, use, publicly perform, edit and/or modify the Content in any way, in any and all media, without limitation, and without consideration to the entrant. Submission of the Content further constitutes the entrant’s consent to irrevocably assign and transfer to the sponsor any and all rights, title and interest in the Content, including, without limitation, all copyrights.
By submitting Content, you warrant and represent that it: (a) is your original work (or, if not your original work, you have written permission from the copyright holder of the Content), (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from any person whose name, likeness and/or voice is used in the Photo and Content; and (f) that publication of the Photo and Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, the Released Parties (as hereinafter defined) from any claims to the contrary. Any entrant whose Content includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such entry, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a Finalist (as defined herein).
By accepting a prize, each winner agrees that his/her entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winners hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winners shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
- Content Guidelines
By submitting Content, you hereby warrant and represent that the Content conforms to the additional submission requirements set forth herein:
- Content must comply with these Official Rules and any Terms of Service on the platform through which the Content is submitted;
- Photo must be in digital format and must comply with the posting requirements set forth above and as posted on the Website;
- Content cannot infringe trademarks, logos or trade dress owned by others, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Content cannot be obscene or offensive, endorse any form of hate or hate group;
- Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
- Content cannot include any children or people under the age of majority in their place of residence unless the entrant is an Immediate Family member of the child or person under the age of majority and has permission from the child’s parent or legal guardian;
- Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
- Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Content cannot depict, and cannot itself, be in violation of any law.
Sponsor reserves the right to waive any of these Content Guidelines in its sole and absolute discretion.
Each winner agrees to comply with the FTC’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising: Notice Announcing Adoption of Revised Guides” when posting or publishing about any Contest prize. Winner, and not Sponsor, is solely responsible for any endorsements or testimonials he or she makes regarding any prize awarded.
- Contest Judging
At the end of the Contest Period, each potentially eligible Photo submitted and any content (Tweet copy, Facebook post or Instagram description) submitted by entrant when the Photo was uploaded will be judged by a qualified panel of judges based on the following criteria: (1) originality, (2) creativity, (3) the pictured individual’s creative interaction with the car, (4) relevance to the Contest theme, and (5) quality of the photograph and photography. The entrant receiving the highest score from the judges will be the winner for the (subject to verification of compliance with these Rules). In the event of a tie, a tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in the order set forth above, as needed, to break the tie. Judges’ decisions are final in all matters relating to this Contest.
- Winner Notification
Potential winner will be notified via direct message on Facebook, Instagram or Twitter and will be required to respond to the notification within twenty-four (24) hours indicating whether he/she can accept the prize. If a potential winner does not respond to the notification within the twenty-four (24) hour time period, prize will be forfeited, and an alternate potential winner will be selected (randomly or via panel of judges, at Sponsor’s sole and absolute discretion). Any alternate potential winner selected will also be required to respond to the notification within the time frame stated above. Potential winner will be required to complete, sign and return an affidavit of eligibility and liability and, unless prohibited by law, publicity release to Sponsor or Sponsor’s representative within twenty-four (24) hours of prize acceptance. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared an official winner of the Contest. Sponsor is not responsible for suspended or discontinued Internet, wireless, or land-line phone service or a change in an entrant’s email, phone number or mailing address which may result in a potential winner not receiving initial prize notification or his/her prize information.
- Prize Details
Prize (1 total): Winner will receive $500.00 (five-hundred dollars) (awarded in the form of a check made payable to Grand Prize winner). Approximate Retail Value of all prizes is $500.00.
Prize is non-transferable, and no cash equivalent or substitution of prize is offered, except at the sole discretion of Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used.
- Limitations of Liability and Release
As a condition of entering, the entrants agree (and agree to confirm in writing) on behalf of him/her and his/her heirs and executors or his/her minor child to release and hold harmless the Sponsor and its employees, directors, officers, agents, attorneys, and shareholders (collectively, the “Released Parties”) from any and all liability, loss, injury (including personal injury or death) or damage of any kind, arising from or in connection with participation in the Contest, damage to any vehicle associated with the “carstume,” or incurred with respect to the awarding, receipt, acceptance, possession, and/or use or misuse of any prize or any item redeemed therewith.
By accepting a prize, the winner (or winner’s parent/legal guardian, if winner is a minor in his/her state of residence) grants (and agrees to confirm such grant in writing) to Sponsor the right to use and publish the winner’s name, address (city and state of residence), Content, and/or likeness for advertising and promotional purposes in commerce and in any and all media now known or hereafter devised, worldwide in perpetuity, without limitation or notice, and without additional compensation, notification or permission, unless prohibited by law. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
The potential winners are subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential winner may be disqualified. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant.
- Dispute Resolution
BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
GOVERNING LAW & JURISDICTION: The Official Rules and this Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in the “Binding Arbitration” Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Cook County, Illinois.
Cars.com, LLC. 300 South Riverside Plaza, 10th Floor, Chicago, IL 60606
- Winner List
For the name of the winner, hand-print your name and complete address on a 3” x 5” card and mail to: #CarsCarstume Contest Winner’s List Request, c/o Cars.com, LLC. 300 South Riverside Plaza, 10th Floor, Chicago, IL 60606
This Contest is in no way sponsored, endorsed or administered by or associated with Instagram, LLC, Twitter, Inc. or Facebook Inc. (collectively, the “Uninvolved Companies”). Instagram is a registered trademark of Instagram, LLC. Facebook is a registered trademark of Facebook Inc. Twitter is a registered trademark of Twitter, Inc.