CONVOY ANNUAL HAUL STARS AWARDS TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PARTICIPATING IN THE CONVOY ANNUAL HAUL STAR AWARDS, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THE CONVOY ANNUAL HAUL STAR AWARDS.
The Convoy Annual Haul Star Awards (“Awards”) terms and conditions apply to your participation in the Awards, which are provided by Convoy, Inc. (“Convoy”). These terms and conditions do not alter in any way the terms and conditions of any other agreement you may have with Convoy, such as the Convoy Carrier Terms of Service.
1. ELIGIBILITY. Participants must be legal U.S. residents physically residing in one (1) of the forty-eight (48) continental United States or the District of Columbia (excluding Alaska, Hawaii, and the U.S. territories), who are eighteen (18) years of age or older at of September 13, 2021, and are active members of Convoy’s Haul Stars program (the “Participants”). Employees of Convoy, its affiliates, subsidiaries, advertising, promotion, Awards administration and fulfillment agencies, directors, officers, and each of their immediate family members and persons living in their same household (whether legally related or not), are not eligible to participate in the Awards. The Awards are intended for personal use only. Commercial use is prohibited.
2. HOW TO PARTICIPATE. Eligible Participants will be automatically entered into the Awards by Convoy. Participants are selected at the discretion of Convoy. Limit one (1) Haul Star Award (defined below) per person. Participants may email Legal@Convoy.com if they do not wish to participate in the Awards. Convoy reserves the right to disable/disqualify a Participant at any time for any reason. Convoy is not responsible for and will disable/disqualify any Participant’s eligibility that is incomplete, inaccurate, or untruthful, without notice to the Participant.
4. AWARDS. As a Participant, you are eligible to receive an award at Convoy’s sole discretion (“Haul Star Award(s)”). Haul Star Awards are subject to availability. Convoy reserves the right to change the number and type of Haul Star Awards offered in its sole discretion at any time. The approximate retail value (ARV) of each Haul Star Award is subject to change based on current market conditions at the time you receive the Haul Star Award. Participants are not entitled to any surplus (if any) between the ARV and the actual retail value of the applicable Haul Star Award. No substitution, assignment, transfer, or cash redemption of a Haul Star Award is allowed. Convoy reserves the right to substitute a Haul Star Award with an alternate Haul Star Award of equal or greater value if the advertised Haul Star Award is unavailable. If the Haul Star Award is a voucher, coupon, and/or gift card, such Haul Star Award is subject to the terms and conditions thereof. If you are unable or choose to not accept a Haul Star Award or any portion of a Haul Star Award for any reason, Convoy shall have no further obligation to you. Convoy will not replace any lost or stolen Haul Star Award after redemption by a Participant.
Convoy will select fifteen (15) eligible Participants to each receive the following Haul Star Awards: 1) One (1) set of 2021 Haul Stars Awards trading cards, 2) One (1) $500.00 pre-loaded fuel card, and 3) One (1) Convoy swag box (includes: Convoy-branded water bottle, hat, pen, notebook, t-shirt, sticker, satchel). All other eligible Participants may receive, at Convoy’s sole discretion, one (1) $50.00 reward to be automatically applied to an eligible Participant’s carrier account with Convoy upon completion of one (1) load with Convoy between September 13, 2021 and October 13, 2021.
5. GENERAL CONDITIONS. All applicable federal, state and local laws apply. By participating in the Awards, Participants agree: (a) to be bound by the decisions of Convoy, which shall be final and binding; (b) to waive any right to claim ambiguity in the Awards or these terms and conditions, except where prohibited by law; and (c) comply with all applicable laws and regulations. Participants are solely responsible for all local, state and federal taxes on the Reward(s) including sales or use taxes, as well as any expenses related to participation in the Awards or acceptance of a Haul Star Award.
By participating in the Awards, you agree to release and hold harmless Convoy and its directors, employees, officers, licensees, licensors and agents, and respective advertising and Awards entities and any person or entity associated with the administration of the Awards (collectively, the “Released Parties”), from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and damage to property, arising in whole or in part, directly or indirectly, from your acceptance, possession, use or misuse of a Haul Star Award, your participation in the Awards, or your participation in a Awards and/or Haul Star Award related activity.
You hereby acknowledge that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any Haul Star Award or the Awards. All warranties are hereby disclaimed; and each Participant will accept the Haul Star Award “AS IS.” All costs and expenses, including support services, not specifically listed above as part of the Haul Star Award, are solely the Participant’s responsibility.
None of the Released Parties are responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable Awards account registrations due to system errors or failures, or faulty transmissions or other telecommunications malfunctions; (b) technical or typographical errors or failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Awards; (d) unauthorized human and/or mechanical intervention in any part of the Awards; or (e) technical or human error which may occur in the administration of the Awards or the processing of Haul Star Awards. Use of any automated, robotic, or mechanical registration or participation devices or software is prohibited. To the extent the Awards uses or requires functionality of any third party website (e.g., social media sites or platforms that enable broad communications, collaboration and/or posting of videos), you understand that the Awards is not sponsored by such third parties, and further agree your use of such third party website(s) is subject to the terms and conditions posted on such website(s).
Convoy reserves the right to change, modify, suspend, discontinue, or cancel the Awards or any part of the Awards, at any time and in its sole discretion, without notice to you. Convoy reserves the right to disqualify any Participant it finds to be tampering with the Haul Star Award process or the operation of the Awards, or violating these terms and conditions. All disputes concerning the construction, validity, interpretation and enforceability of these terms and conditions or the rights and obligations of Participants or Convoy in connection with the Awards shall be governed by and interpreted in accordance with the laws of the State of Washington, without regard to conflict of laws principles. The parties hereby consent to exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.
As a condition of participating in the Awards, you agree that (a) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, consequential, or any other damages; (b) all causes of action arising out of or connected with the Awards, or any Haul Star Award awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket expenses incurred, but in no event attorney fees.
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE AWARDS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN IMMEDIATE DISQUALIFICATION OF SUCH PERSON FROM THE Awards. SHOULD SUCH AN ATTEMPT BE MADE, CONVOY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
By accessing or participating in the Awards, you agree to, where legal, Convoy’s and its designees’ use of your name, city and state of residence, likeness, and/or any content submitted for a challenge, for advertising and publicity purposes in all media now and hereafter known throughout the world in perpetuity without further compensation, permission or notification and, upon request, will provide consent to such use in writing.
In connection with the Awards, Participants may receive proprietary Convoy information. Participants shall hold confidential and shall not use or permit others to use any proprietary information identified as such in writing or orally by Convoy or information which Participant knows or has reason to know is confidential, proprietary or trade secret information of Convoy.
In the event that any term of these terms and conditions becomes or is declared illegal by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from these terms and conditions. All remaining terms shall remain in full force and effect.