Contest Official Rules - Video Testimonials
February 2, 2024
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. Eligibility
TruckSmarter’s Video Testimonial Contest (the "Contest") is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry (“Entrants”). Employees of TruckSmarter, Inc. and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.
2. Sponsor
The Contest is sponsored by TruckSmarter, Inc., located at 33 New Montgomery Street Suite 1000, San Francisco, California 94105.
3. Agreement to Official Rules
Participation in the Contest constitutes Entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Contest Period
The Contest begins on Feb 5, 2024 at 9:00am PST and ends on Feb 23, 2024 at Midnight PST (the "Contest Period"). Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest using any of the following methods: Online
5. Video Submission Requirements
To be eligible to win, you must be a driver who uses TruckSmarter. Make sure your submission meets the following criteria.
The Dos:
-Mention TruckSmarter
-Mention your name, or company name, and where you’re located
-Speak clearly so you’re easy to understand
-Sound natural - like yourself!
-Mention key points about TruckSmarter’s features
-Keep it to 15-30 seconds
-Film in portrait or vertical format
-Allow us to share on our marketing channels
The Don’ts:
-Don't mention your specific factoring rate as rate could vary
-Don’t say Fuel Cards - we have fuel discounts in the app, not a fuel card
-Don’t read from a script
-Don’t swear please! We don’t want to censor you
-Don’t use provocative or political symbols, images, messages (American flag is ok!)
By entering, each Entrant represents and warrants that his or her entry (and Sponsor's use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any federal, state or local laws, regulations or ordinances. Entrant further represents and warrants that he or she has secured the requisite consent from any person referenced or appearing in their entries. To the extent that anyone under the age of eighteen (18) appears in a video, Entrant represents and warrants that the minor's parent or guardian has consented to the minor's appearance in the video and the public display of the video on YouTube. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates any of the Video Submission Requirements, does not otherwise comply with these Official Rules, or that is not consistent with the spirit and theme of the Contest.
6. How to Enter
Record a short video of yourself explaining why you use TruckSmarter and what you like most about the app. To submit, post your video to Instagram, TikTok, or Facebook and tag us.
Entries must contain a video testimonial about why you use TruckSmarter. The video must be portrait orientation, and between 15-30 seconds long. It can be selfie style or shot with another person. Ideally you would be near your truck, or inside your truck, walking, sitting at a desk, or simply talking directly to the camera.
Online: This method of entry will be available by visiting our Blog here and following the directions provided to fill out the entry information, and submit.
Limit one entry per person, per email address for the duration of the Contest Period, regardless of method of entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void. All entries become the property of Sponsor and will not be acknowledged or returned.
7. Prize Drawing
On or about February 28, 2024 the Sponsor will select three (3) potential winners in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winners via telephone or email on or about March 1, 2024. If one or multiple of the potential winners cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner(s) in his/her place at random from the remaining non-winning, eligible entries.
8. Winner Notification
The potential winners will be notified by email, mail or phone. Each potential winner (parent/legal guardian if a minor in his/her state of residence) will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Contest.
9. Prizes
Three $500 Cash Prizes will be awarded.
10. Intellectual Property
Entrants will retain copyright in their video submission, but each Entrant grants to Sponsor and the Sponsor Partners an exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit and disseminate the submission in all media or platforms whether now or any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity, without compensation or additional consents from Entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. Entrant also waives any and all moral rights in the submission with respect to any use by Sponsor or its Sponsor Partners.
11. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
12. Release and Limitations of Liability
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
13. Disputes
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than California.
14. Privacy
Information collected from entrants is subject to sponsor's privacy policy.