PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE CONVOY SUPPLIER DIVERSITYCAMPAIGN, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR PARTICIPATE IN THE CONVOY SUPPLIER DIVERSITY CAMPAIGN.
These Convoy Supplier Diversity Campaign (“Campaign”) terms and conditions apply to your access to, and participation in the Campaign, which is sponsored 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: (i) 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); (ii) eighteen (18) years of age or older at the time of signing up for the Campaign; (iii) must be active in the Convoy network and meet or exceed the existing Convoy quality and compliance requirements; and (iv) be certified as a diverse business through the Women’s Business Enterprises National Council (WBENC), National Minority Supplier Development Council (NMSDC), National Veteran-Owned Business Association (NaVOBA), Small Business Administration (SBA), National Gay & Lesbian Chamber of Commerce (NGLCC), Disability:IN, or other certifying agency recognized by Convoy. Employees of Convoy, its affiliates, subsidiaries, advertising, promotion, Campaign 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 Campaign. The Campaign is intended for personal use only. Commercial use is prohibited.
2. HOW TO PARTICIPATE. Eligible participants are selected at the discretion of Convoy. Eligible participants must complete at least one (1) shipment via the Convoy mobile application or the Convoy website (https://www.convoy.com/) between October 1, 2021 and October 31, 2021 in order to participate. Participation in the Campaign is optional. 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 account that is incomplete, inaccurate, or untruthful, without notice to you.
3. REWARDS. Eligible participants may redeem a $50.00 disbursement per shipment completed by the participant via the Convoy mobile application or the Convoy website (https://www.convoy.com/) between October 1, 2021 and October 31, 2021 (“Rewards” or a “Reward”). Rewards are subject to availability and limited to the first ten (10) shipments completed by an eligible participant between October 1, 2021 and October 31, 2021. Rewards will be disbursed in the form of a prepaid gift card(s). Convoy reserves the right to change the number and type of Rewards offered in its sole discretion at any time. The approximate retail value (ARV) of each Reward is subject to change based on current market conditions at the time you redeem your Reward. Participants are not entitled to any surplus (if any) between the ARV and the actual retail value of the applicable Reward. No substitution, assignment, transfer, or cash redemption of a Reward is allowed. Convoy reserves the right to substitute a Reward with an alternate Reward of equal or greater value if the advertised Reward is unavailable. If the Reward is a voucher, coupon, and/or gift card, such Reward is subject to the terms and conditions thereof. If you are unable or choose to not accept a Reward or any portion of a Reward for any reason, Convoy shall have no further obligation to you. Convoy will not replace any lost or stolen Reward after redemption by a participant.
4. GENERAL CONDITIONS. All applicable federal, state and local laws apply. By participating in the Campaign, you 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 Campaign 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 Campaign or acceptance of a Reward.
By participating in the Campaign, you agree to release and hold harmless Convoy and its directors, employees, officers, licensees, licensors and agents, and respective advertising and Campaign entities and any person or entity associated with the administration of the Campaign (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 Reward, your participation in the Campaign, or your participation in a Campaign and/or Reward 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 Reward or the Campaign. All warranties are hereby disclaimed; and each participant will accept the Reward “AS IS.” All costs and expenses, including support services, not specifically listed above as part of the Reward, are solely the participant’s responsibility.
None of the Released Parties are responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable Campaign 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 Campaign; (d) unauthorized human and/or mechanical intervention in any part of the Campaign; or (e) technical or human error which may occur in the administration of the Campaign or the processing of Rewards. Use of any automated, robotic, or mechanical registration or participation devices or software is prohibited. To the extent the Campaign 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 Campaign 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 Campaign or any part of the Campaign, 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 Reward process or the operation of the Campaign, 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 Campaign 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 Campaign, 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 Campaign, or any Reward 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 CAMPAIGN MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN IMMEDIATE DISQUALIFICATION OF SUCH PERSON FROM THE Campaign. 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 Campaign, 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 Campaign, 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.