Procore 95 LFR Big Race Social Contest - Terms & Conditions

Procore 95 LFR Big Race Social Contest - OFFICIAL RULES

No purchase is necessary to enter or win. A purchase or payment will not increase your chances of winning.
This promotion is in no way sponsored, endorsed, or administered by, or associated with NASCAR, 704Games Company, or NASCAR Heat 2.

1) SPONSOR. Procore Technologies, Inc., 6309 Carpinteria Avenue, Carpinteria, CA 93013 USA (the “Sponsor”). The Contest is not sponsored by, endorsed by, administered by, or affiliated with Facebook, Instagram, Twitter, or any other social media platform on which it appears.

2) ELIGIBILITY. Procore 95 LFR Big Race Social Contest (the “Contest”) is open only to legal residents of the 50 United States and District of Columbia, who are 18 years of age or older (or at least 19 in Alabama and Nebraska) at the time of entry (each, an “Entrant”). Contest is void outside of the 50 United States and the District of Columbia and where prohibited, taxed, or restricted by law. Employees, officers, and directors (and their immediate families and members of their households, whether or not related) of Sponsor, Leavine Family Racing, and their respective subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers, or distributors of Contest materials (collectively, the “Contest Parties”) are not eligible to participate in the Contest. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein and is subject to compliance with all applicable federal, state, and local laws and regulations.

3) PARTICIPATION. Participation in the Contest constitutes Entrant’s full and unconditional agreement to be bound by the terms set forth herein (the “Official Rules”) and by Sponsor’s decisions, which are final and binding in all matters related to this Contest. These Official Rules supplement any terms and conditions set forth in any email received or social media post. Information about how to enter and Prizes form part of the Official Rules. By submitting an Entry (as defined below), each Entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules.

4) ENTRY. To enter the Contest, contestants must share a photo of the #95 car during the Daytona 500 race day (AKA “This weekend’s big race”) with the hashtag #PoweredByProcore tagging @ProcoreTech @LFR95 (each such tweet an “Entry”). Your Twitter profile must be viewable by the public and you must be following @ProcoreTech and @LFR95 on Twitter to be eligible for entry into the Contest. Entries become the sole and exclusive property of Sponsor, and receipt of such Entries may not be acknowledged or returned. By participating in the Contest, you represent and warrant that the information that you have submitted or will submit to the Sponsor in connection with the Contest is true, correct, and complete in all material respects and is not misleading. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, or garbled entries, which may be disqualified in Sponsor’s sole discretion

5) ENTRY CONTENT GUIDELINES:

Entries must be in English.
Incomplete or inaccurate Entries are void. By entering, Entrants acknowledge compliance with these Official Rules, including all eligibility requirements.
Entry must be Entrant’s own original creation executed solely by Entrant, may not have won any previous award or been submitted in any other competition, and must be a previously unpublished and previously unproduced work.
Entry must be in keeping with the Contest Parties’ image and may not be obscene, indecent, or otherwise offensive, as determined by Sponsor at its sole discretion. Entry may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights, including but not limited to intellectual property rights, and the right to submit or use same shall not be restricted.
Entries cannot promote any activities that may appear unsafe or dangerous, as determined in Sponsor’s sole discretion.
Entries cannot endorse any form of hate or hate group, as determined in Sponsor’s sole discretion.
Entries cannot defame, misrepresent, or contain disparaging remarks about any person or entity, including but not limited to the Contest Parties, or their affiliates or their products or services, as determined in the sole discretion of the Sponsor.
Entries cannot contain any material that may, in the sole judgment of Sponsor, infringe on the intellectual property rights of any third party, including but not limited to, copyrights or trademarks owned by others.
Entries cannot advertise or promote any third-party brand or product of any kind or contain any personal identification, including, but not limited to: license plate numbers, personal names, email addresses, phone numbers, or street addresses.
Entries cannot contain materials embodying the names or other indicia of or identifying any person, living or dead (other than Entrant), unless Entrant has obtained appropriate permission and releases for the use of such material in the Entry.
Entries cannot communicate messages inconsistent with the messages, policies, or goodwill with which the Contest Parties wish to associate, as determined in the sole discretion of the Sponsor.
Entries cannot be in violation of any applicable federal, state, or local laws, rules, or regulations.

If the Sponsor determines in its sole discretion that the content of any Entry is obscene, offensive, inappropriate, or unacceptable for any reason, or infringes on the intellectual property rights of any third party, the Entry will not be eligible for any prize consideration and may be withdrawn from the Contest at any time without notice at Sponsor’s sole discretion.

6) LICENSE TO ENTRIES & USE OF LIKENESS. Except where prohibited by law, entry in the Contest and acceptance of these terms constitutes each Entrant’s permission for Sponsor to use his or her Entry and his or her name, picture, character, likeness, and voice, for trade, advertising, promotional, or any other purpose, throughout the world in any media now known or hereafter developed, without notice or compensation. Entrant grants Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works base upon, and otherwise use and sublicense his or her Entry, including any names, likenesses, or personas shown in the Entry, for any purpose, throughout the world in any media now known or hereafter developed. Entrant agrees to take any further action reasonably required by the Sponsor to effect the rights set forth in these Official Rules.

7) TERM. The Contest begins on February 18th, 2018 at 12:00 a.m. U.S. Pacific Time and ends on February 18, 2018 at 11:59 p.m. U.S. Pacific Time (the “Contest Period”). All Entries must be received before the end of the Contest Period. The winner will be announced on February 20th, 2018 at 12:00 p.m. U.S. Pacific Time. Sponsor’s designated clock is the official clock of the Promotion.

8) PRIZE. Two Contest winners will be randomly selected to receive a Prize. Each winning Entrant will receive a digital download promo code for the NASCAR Heat 2 console game (available on Xbox and Playstation only) and a signed Leavine Family Racing Car #95 Hero Card by driver Kasey Kahne (the “Prize(s)”). The total approximate retail value of the Prizes is US$100.00. Winners will be chosen in accordance with these Official Rules. The Prizes will be awarded following the close of the Contest Period, at a time and in a manner to be determined at Sponsor’s sole discretion. No substitution, cash equivalent, or transfer of a Prize is permitted except at the sole discretion of the Sponsor, who reserves the right to substitute a Prize (or a portion thereof) with one of equal or greater value. Each Prize awarded is subject to the restrictions and limitations noted in these Official Rules, and the winners must abide by all such limitations and restrictions. Winners agree to accept the Prizes “as is.” The Sponsor may resolve any concerns, questions, or complaints related to the Prizes in its sole discretion. The Prizes may be subject to additional terms and conditions imposed by the issuer of the Prizes.

9) SELECTION OF WINNERS. Winners will be selected at random from all eligible Entries received. The odds of winning depend on the number of eligible Entries received during the Contest Period. All decisions of the Sponsor are final in all matters, including determination of the Contest winners, interpretation of these Official Rules, and awarding of Prizes. Even if your Entry qualifies you as a potential winner at the close of the Contest, you have not yet won a Prize. Potential winners are subject to verification by the Sponsor, and must meet all eligibility requirements before Entrant will be confirmed as the winner and a Prize will be awarded. The winner grants the Sponsor the right to publish his or her name, photo, and place of residence (city/town only). Winners must provide additional information for the proper processing of the award of a Prize.

10) NOTIFICATION. The potential winner will be notified by Twitter posting and direct message after the close of the Contest Period. A potential winner must claim his or her Prize by responding to the notification within 5 business days. If the potential winner does not respond; or if notification to the potential winner is returned as undeliverable; or if a potential winner rejects his or her Prize; or if a potential winner does not comply with these Official Rules, that potential winner will forfeit his or her Prize and an alternate winner may be selected. The winner may be required to execute: an affidavit, declaration, or certificate of eligibility; a liability release; and a publicity release (collectively, the “Affidavit/Release”); and to provide valid photo identification (e.g., driver’s license, passport). If the potential winner does not execute and deliver any required documents to the Sponsor by the specified deadline, that potential winner may be disqualified from the Contest, and Sponsor may select an alternate potential winner. Potential winners must provide an accurate delivery address for the Prize; if the address is not accurate and the Prize cannot be delivered, then the Sponsor may select an alternate potential winner.

11) TAXES. If applicable, an IRS Form 1099 reporting the value of the Prize as earned income will be issued to winners. All federal, state, and local income and other taxes, if any, are the winner’s sole responsibility.

12) RIGHT TO CANCEL OR SUSPEND CONTEST. If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bug, worm, trojan horse, denial of service attack, tampering, unauthorized intervention, fraud, technical failure, or any other cause beyond the control of the Sponsor that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor may, in its sole discretion, choose to cancel, terminate, modify, or suspend the Contest. In such case, Sponsor may select the winner from all eligible entries received prior to the occurrence of the interfering event. Sponsor may, in its sole discretion, disqualify any Entrant it finds to be tampering with the entry process or the operation of the Contest. Sponsor may prohibit an Entrant from participating in the Contest or winning a Prize if, in Sponsor’s sole discretion, Sponsor determines that said Entrant is attempting to undermine the legitimate operation of the Contest. Any attempt by an Entrant to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

13) TECHNOLOGY TERMS AND CONDITIONS. The Sponsor is not responsible for incomplete, misdirected, late, lost, damaged, or stolen entries; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in the offering or announcement of any prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.

14) ACCOUNT HOLDER. The person submitting the Entry must be the Authorized Account Holder of the email address associated with the Twitter account used to submit the Entry, otherwise the Entry may be deemed void. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner shall, at Sponsor’s request, provide Sponsor with proof that such winner is the Authorized Account Holder of the email address associated with the winning Entry. For online entries, in case of dispute as to the identity of any Entrant, entry will be declared made by the Authorized Account Holder of the email address submitted at the time of entry. Any other attempted form of entry is prohibited; no automatic, programmed, robotic, or other means of entry are permitted.

15) LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. By participating in the Contest, each Entrant agrees that the Contest Parties and their respective directors, officers, employees, and representatives (collectively, the “Released Parties”) will have no liability for any loss, injury, or damage, including but not limited to personal injury, death, or damage to personal or real property, to Entrant or any other person or entity due in whole or in part, directly or indirectly, to the acceptance, possession, use, or misuse of the Prize or participation in the Contest. In no event will the Contest Parties be responsible or liable for any damages or losses of any kind, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of any Entrant’s participation in the Contest or receipt or use of any Prize. By entering the Contest, each Entrant agrees to release, hold harmless, and indemnify the Released Parties and their respective parents, divisions, subsidiaries, affiliates, and advertising, promotion, public relations, and other agencies, and the respective officers, directors, employees, representatives, and agents from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including but not limited to property damage, personal injury, and death, which may occur in connection with, preparation for, travel to, or participation in the Contest or any Contest-related activity, or possession, acceptance, use, and/or misuse of any Prize, and for any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery.

Without limitation, this Contest and all Prizes are provided “as is”, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to certain Entrants. Entrants should check their local laws for any restrictions or limitations regarding these limitations or exclusions.

Sponsor is not responsible if the Contest cannot take place or if the Prize cannot be awarded due to delays or interruptions as a result of acts of God, acts of war, natural disasters, weather, acts of terrorism, or any other events beyond Sponsor’s control. Entrants who do not comply with these Official Rules or attempt to interfere with this Contest in any way will be disqualified.

16) PERSONAL INFORMATION. Personal information collected from Entrants in connection with this Contest is subject to Sponsor’s privacy policy, available at https://www.procore.com/fine-print/privacy-policy.php. Entrants agree that any personal information may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. Such personal information may also be used by Sponsor in order to verify any Entrant’s identity, postal address, and telephone number, and to otherwise verify any Entrant’s eligibility to participate in the Contest. Entrants agree that Sponsor may send Entrants various promotional materials, including but not limited to blogs, articles, specials, and informational emails regarding Sponsor’s business activities. Entrants may access, review, rectify, or cancel any personal information held by Sponsor, and/or elect to have an individual’s name excluded from all lists used by Sponsor, by writing to: Procore 95 LFR Big Race Social Contest, Procore Technologies, Inc., 6309 Carpinteria Avenue, Carpinteria, CA 93013 USA.

17) DISPUTE; GOVERNING LAW. These Official Rules will be governed by the laws of the State of California, without regard to its conflict of laws provisions. By participating in the Contest, each Entrant consents to the exclusive jurisdiction of the state and federal courts serving Santa Barbara County, California; and agrees to waive any objection to such jurisdiction and venue. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the Contest are hereby excluded and each Entrant expressly waives any such rights.

18) WINNERS LIST. To obtain a list of winners, send your request and a self-addressed, stamped envelope to: Procore 95 LFR Big Race Social Contest Winners List, Procore Technologies, Inc., 6309 Carpinteria Avenue, Carpinteria, CA 93013 USA. Requests must be received no later than three months following the end of the Contest.

19) CONTACT. If you have questions, complaints, or claims with respect to the Contest, you may contact the Sponsor at Procore Technologies, Inc., 6309 Carpinteria Avenue, Carpinteria, CA 93013 USA, or email social@procore.com.