"#Hertzroadtrip” Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
DATES OF CONTEST: The “#Hertzroadtrip” Contest (the “Contest”) begins at 12:00:01 a.m. Eastern Time (“ET”) on July 10, 2020 and ends at 11:59:59 p.m. ET on August 31, 2020(the “Contest Period”).
ELIGIBILITY: The Contest is open to legal United States residents residing in the forty-eight (48) contiguous United States and the District of Columbia who are licensed and insured drivers, Gold Plus Rewards Members, and at least twenty (20) years of age or older at the time of entry (each, an “Entrant”). Officers, directors, managers and employees of The Hertz Corporation (the “Sponsor”) and each of its respective parent companies, subsidiaries, affiliates, and related companies, advertising and promotion agencies, consultants and agents, any others engaged in the development, production, execution or distribution of this Contest (all collectively, referred to herein as “Contest Entities”) are not eligible to participate. Contest is subject to all federal, state and local laws and regulations, is void outside the fortyeight (48) contiguous United States, the District of Columbia and where restricted or prohibited by law. By entering, Entrants unconditionally accept and agree to comply with, and abide by these Official Rules and the decisions of the Sponsor, which shall be binding in all respects.
TO ENTER: There are (2) ways to enter the Contest indicated through post instruction via either Instagram, Facebook and/or Twitter (“Social Media Channel(s)”). Entrant may enter as many times as they wish on their Social Media Channel. At any time during the Contest Period Entrant must log onto their respective Social Media Channel and using the hashtag “#Hertzroadtrip” share what their perfect road trip either was or would be. This may be in the form of a video, photograph and/or written description of the perfect trip that complies with the Content Guidelines as set forth below. Additionally, when applicable as indicated by post language, tagging a friend and sharing your favorite trip in the form of a video, photograph and/or written description of the perfect trip that complies with the Content Guidelines as set forth below is also a viable method of entry. By entering this Contest, you agree that you have read and understand these Official Rules.
Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction or unauthorized access to, or alternation of entries. Contest Entities shall not be responsible for incorrect or inaccurate entry information. Sponsor will not confirm receipt of entries for Entrants.
By entering Entrant consents to Sponsor’s entry, use of his/her name, likeness (photograph and/or video), biographical information, and voices in advertising/publicity/trade (including amplification with any Digital Marketing Channel) without compensation, notice or approval; and, Prize Winners disclaim any ownership rights of such advertising/publicity/trade material (TN residents will not be required to sign a publicity release).
CONTENT GUIDELINES: Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the photo/video or identified in the text consent to the submission and use of the entry in the Contest and to its use as otherwise set forth herein.
Photo entries must include at least one photo. Video entries must be 30 seconds or less. Text entries must be less than 100 words. In addition, all entries must comply with the following:
- must be entirely the original work of the entrant;
- must not have been submitted previously in a promotion of any kind and has not been exhibited or distributed previously in any media;
- must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased (e.g., names, logos, symbols, slogans, photographs that belong to others, photographs of other people, quotes from other people, or parodies of other people);
- must not disparage Hertz or any other third party (e.g., any person, product, location, retailer, companyor brand);
- must not in any way contain any names, logos, symbols, slogans, parodies or trademarks of anyretailer other than those of Hertz;
- must not include personally-identifiable information;
- must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious,defamatory, slanderous or libelous, or features gratuitous violence dangerous stunts, real weapons of any kind, illegal drug use, marijuana use (whether legal or not), excessive alcohol use, drunk driving or otherwise promotes unsafe driving;
- must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; - must not contain material that is unlawful, in violation of, or contrary to any laws or regulations; and
- must contain a transparency statement indicating the post was incentivized by the Contest (e.g. #contest).
WINNING/ODDS: Starting on or about Friday July 10, 2020, ten (10) prize winners (the “Prize Winner”) will be selected weekly during the Contest Period with the last prize winner being selected on August 31, 2020. Winner will be selected based on which Entrant submitted the best road trip story during the Contest Period up through the previous day. Prize Winners to be determined by Sponsor in its sole discretion based on the following criteria: 1) Consistency with theme of great memories or future travel plans 60%; 2) Creativity 20%; 3) Originality 20%. In case of a tie, the tied entries will be re-judged and the total score will be judged the Prize Winner, and if still tied the highest score in criteria 1. Odds of winning depend upon the total number of eligible entries received during the Contest Period.
PRIZES: Seventy (70) prizes are available (ten (10) per week during the Contest period). Each prize consists of 7,500 AnyDay Gold Plus Rewards points valid on a one-week Hertz Rental, redeemable at participating U.S. Hertz locations. If the winner is not a Gold Plus Rewards Member, the winner will need to join Gold Plus Rewards to receive their prize. Total approximate retail value (“ARV”) of each Prize is $225. Total value of available prizes $15,750.
PRIZE RESTRICTIONS: The prize restrictions/conditions stated herein are not all-inclusive and the prizes described above may be subject to additional restrictions/conditions. Gold Plus Rewards points have no cash value. Points will expire after 18 months of no rental activity. If you cancel or terminate your Gold Plus Rewards membership, Hertz believes any of your rental activity to be fraudulent, or you are prohibited from future rentals with Hertz, Hertz will remove you and you will forfeit your Gold Plus Rewards balance without any alternate compensation. A Prize Winner later found ineligible or non-compliant will be immediately required to return and forfeit any prize awarded. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute a prize of comparable value. Prize redemption is subject to expiration. Prize may not be resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize awarded. All terms and conditions of Hertz rentals apply. Prize is not transferable. Prize consists only of the items specifically listed as part of the Prize description. No more than the seventy(70) Prizes set forth in these Official Rules will be awarded.
PRIZE CLAIM/NOTIFICATION: The potential prize winner for each corresponding day, will be notified by direct message via the relevant Social Media Channel by 12:00 p.m. ET. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and the prize will go unawarded. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize or fails to return required documents for any reason prior to award, such potential prize winner will be disqualified. Sponsor shall have no liability or obligation to such individual. Potential prize winners may be required to sign an affidavit of eligibility and/or publicity/content releases without additional consideration (except in TN).
GENERAL CONDITIONS: : Neither Sponsor nor any of the Contest Entities is responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Should any portion of the Contest be, in Sponsor’s sole discretion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and conduct the Contest in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted to the Website. In such event, Sponsor reserves the right to award the Prizes from among the eligible entries received up to the time of the impairment. 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, disruptive manner or in a manner which is not desirable to Sponsor. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false entry. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW, 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. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
RELEASE: By participating in this Contest, Entrants agree to release and hold harmless Sponsor and each of its respective officers, directors, trustees, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, successors, representatives, distributors, advertising, promotion, and fulfillment agencies, consultants and legal advisors, and the Contest Entities(collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt, redemption or use of any part of the Prize.
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (a); unauthorized human intervention in any part of the entry process or as it pertains to the Contest; (b) electronic or human error which may occur in the administration of the Contest or the processing of entries; (c) any injury or damage to persons or property (including but not limited to Entrant's wireless device, or mobile phone) which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Contest; (d) any printing or typographical errors in any Contest-related materials (if applicable); (e) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable entries or the unavailability or inaccessibility of any transmissions, telephone, wireless device carrier networks or Internet Service (as applicable); (f) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network (including Entrant’s particular wireless device carrier network), hardware or software; (g) Entrant’s inability to connect to his/her particular mobile device carrier network for any reason, including due to poor carrier reception and/or signal strength at any particular location (if applicable); and (h) the unavailability or inaccessibility of any transmissions, telephone, wireless device carrier networks or Internet service. All federal, state and local regulations apply.
DISPUTES: Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Contest (including, without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are invalid, illegal, or otherwise voidable (or void) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in New York, New York under the auspices of the American Arbitration Association; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with Entrant’s participation in this Contest or otherwise accessing this Contest, and in no event will Entrant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will you be permitted to obtain awards for, and Entrant hereby waives, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be selfexecuting, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall Entrant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Contest, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest or any content or other material used or displayed on this Contest. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
SPONSOR: The Hertz Corporation, 8501 Williams Rd, Estero, FL 33928.