Truecar – I Need A Truecar Sweepstakes
The following promotion is intended for participants in the fifty (50) United States and Washington, D.C. only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the fifty (50) United States or Washington, D.C. Further eligibility restrictions are contained in the official rules (“Official Rules“) below. Entrants are providing information to TrueCar, Inc. and not to Instagram or TikTok. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, OR TIKTOK.
DESCRIPTION: The “I Need a TrueCar Sweepstakes” (the “Sweepstakes”) begins at 5:00 am Pacific Time (“PT”) on Monday, November 7, 2022 and ends on Sunday, December 18, 2022 at 11:59 pm PT (“Sweepstakes Period”). The Sponsor of this Sweepstakes is TrueCar, Inc., 1401 Ocean Ave, 2nd Floor, Santa Monica, CA 90401 (“Sponsor“). The administrator of this Sweepstakes is Creative Zing Promotion Group (“Administrator“), 2100 E. Robinson Street, Orlando, FL 32803.
ELIGIBILITY: Sweepstakes is open only to legal residents of the fifty (50) United States and Washington, D.C. (i.e., excluding Guam, Puerto Rico and all other U.S. territories and possessions), who are physically located and residing therein. Each entrant (“Entrant“) must be at least eighteen (18) years of age and the age of legal majority in their state of primary residence at time of entry. Entrant must be a registered user of Instagram or TikTok for entry. Registration on each website is free and can be obtained at www.instagram.com, www.tiktok.com, respectively. Entrant must be the rightful owner (or have authorized use) of the social media account associated with the entry. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the social media account was opened. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator (collectively, “Sweepstakes Entities“) and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies are not eligible to participate in the Sweepstakes. Immediate family and household members of such individuals are also not eligible to enter or win. For purposes of the Sweepstakes, “Household Members” shall mean those people who share the same residence at least three months a year and “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Void where prohibited.
3. HOW TO ENTER: During the Sweepstakes Period, Entrants must submit a “Video” of themselves sharing why they need a new car, according to the guidelines set forth below. Video must include the Sponsor-provided “I Need a TrueCar” song (the “Song”), which can be found on TikTok and Instagram according to the instructions below. There are two (2) methods of participation:
To participate via Instagram, Entrant must have a non-private Instagram account and be able to receive direct messages from the Sponsor’s “Instagram Page” https://www.instagram.com/truecar/?hl=en. To enter, Entrant must post their Video, along with the “Required Hashtags” #ineedatruecar and #truecarsweepstakes (collectively, the “Entry” or “Submission”). If the Submission was previously posted to Instagram, it must be reposted during the Sweepstakes Period. The Required Hashtags must appear in the caption (not comments). Posts to Instagram Stories are not eligible.
To obtain the Song via Instagram, visit the Sponsor’s Instagram Page @TrueCar, click the Sponsor’s original Sweepstakes post, and tap the sound icon in the bottom right corner.
To participate via TikTok, Entrant must have a non-private TikTok account and be able to receive direct messages from the Sponsor’s “TikTok Page” https://www.tiktok.com/@truecar?lang=en. To enter, Entrant must post their Video, along with both Required Hashtags #ineedatruecar and #truecarsweepstakes (the “Entry” or “Submission). If the Submission was previously posted to TikTok, it must be reposted during the Sweepstakes Period. The Required Hashtags must appear in the caption (not comments). Posts to Instagram Stories are not eligible.
To obtain the Song via TikTok, visit the Sponsor’s TikTok Page @TrueCar, click the Sponsor’s original Sweepstakes post, and tap the spinning record icon in the bottom right corner.
Each Submission must meet the following “Submission Requirements”. Any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified:
Submissions must NOT include images of other people (alive or dead) without their express permission;
Video must not exceed :30 runtime;
Each Submission must be unique and created by the Entrant for purposes of this Sweepstakes; duplicate Entries, whether submitted on the same or across multiple social media platforms, will be disqualified;
Submission must meet the technical submission requirements (e.g., size, format) and must comply with the terms of service for the social platform on which it was submitted;
Submission must NOT include prominent mention or depiction of any copyrighted material (including but not limited to music, video games, films, books, television programming, etc.) and must not infringe on any third-party trademarks (including, but not limited to third party elements, brand names, product names, logos, insignia, location signage, photographs, artwork, etc.);
Submission must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any of the Sweepstakes Entities;
Submission must be in compliance with the Sponsor’s Terms of Service;
Submission must be entirely original to the Entrant; and
Submission must NOT include materials that violate or infringe another person’s rights, including, but not limited to, privacy, publicity or intellectual property rights.
IMPORTANT: Your Submission may appear in the Sponsor’s social media stream. Be sure you are comfortable with your Submission before submitting. If you do not want your Submission to be made public, do not enter the Sweepstakes. Sweepstakes Entities reserve the right to request that an Entrant edit or completely remove any content that may intentionally or unintentionally violate the Official Rules. Sweepstakes Entities will determine in their sole discretion which Entries have satisfied the eligibility requirements.
Entries must be received by 11:59 pm PT on December 18, 2022. In the event more than one (1) person is featured in a Submission, the Entrant will be identified as the person who submitted the Entry and only the Entrant will be eligible to receive a prize. Additional Submission participants may be required to execute release paperwork including a publicity release and a liability release for the Submission to be valid, as determined by the Sponsor in its sole discretion. Entries generated by a script, macro or other automated means will be disqualified. Entrants must be able to receive direct messages or post comments via the social platform upon which they entered for valid entry. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant’s understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period, and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion and notice will be posted on these Official Rules.
ODDS: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
WINNER SELECTION AND NOTIFICATION: The potential “Winners” will be selected by the Administrator via random drawing from all eligible entries received during the Sweepstakes Period within approximately five (5) business days of the end of the Sweepstakes Period. The potential Winners will be contacted via the social media platform upon which their Entry was submitted, either by direct message or a public facing comment on the Entry post, at the Sponsor’s sole discretion. Each potential Winner will be required to respond (as directed by the Administrator and/or Sponsor) to the notification within forty-eight (48) hours (or a shorter time if required by exigencies) of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and the Administrator will randomly select an alternate potential winner from the remaining eligible entries. Each Potential Winner will be required to verify address and complete, sign, and return within forty-eight (48) hours (or a shorter time if required by exigencies) an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the “Prize Claim Documents“) covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner from the remaining eligible entries for that prize.
A prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules.
PRIZE DESCRIPTION: Ten (10) prizes are available in the Sweepstakes, each consisting of $5000 USD, to be awarded in the form of a check. Approximate Retail Value (“ARV”) of each prize: $5,000.00. Cumulative ARV of all prizes available in the Sweepstakes: $50,000.00.
All prize details are at the sole discretion of the Sponsor. Prize winners cannot assign or transfer a prize to another person. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded, in the Sponsor’s sole discretion. If any Winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. The value of the prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. Winners will be solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the prize they receive. The stated ARV of each prize is based on available information provided to Sponsor and the value of the prize awarded to a Winner may be reported for tax purposes as required by law. If a prize is valued at $600 or more, the Winner must provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes and an IRS Form-1099 may be issued for the actual value of the prize received. Other restrictions may apply. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sweepstakes Entities’ sole discretion.
CONDITIONS OF PARTICIPATION/RELEASES: Sweepstakes is void where prohibited or restricted by law. All federal, state, and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Sweepstakes Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize that they may win, each Entrant agrees to release and indemnify the Sweepstakes Entities, and their franchisees; each of their respective parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals’ respective successors, representatives and assigns (collectively, the “Released Parties“) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance, use, or misuse of any prize. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession, use or misuse of a prize, or from participation in the Sweepstakes; (v) the Entrant’s claim that he or she has somehow been defamed or portrayed in a false light or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Sweepstakes. Sweepstakes Entities assume no responsibility for any damage to an Entrant’s computer system which is occasioned by accessing or participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, to select the winner from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit you from participating in the Sweepstakes or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
MATERIALS/PUBLICITY/RIGHTS IN SUBMISSIONS: Entrants grant to the Sponsor and its designees the exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, sublicenseable, assignable, and transferable license to use, copy, edit, modify, transmit, distribute, publicly perform, publish, delete or display their Submission or information, or any portion thereof, including to the extent applicable (a) any information or biographical data submitted by Entrant in connection with the Sweepstakes; and (b) all video, audio, photographs, text, graphics, statements, any other creative assets, and quotations, furnished by Entrant(s) as part of this Sweepstakes (the “Materials”) in any and all media now known or hereafter devised including, but not limited to, all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant understands that his or her name and Materials may be posted on the Sponsor’s website and social media pages in connection with the Sweepstakes and as described herein. Each Entrant agrees that the Sponsor and its designees have no obligation to utilize the Submission or any Materials, but may do so for eternity and in any manner they see fit, for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe and to make derivative works from such Materials. Each Entrant releases the Sweepstakes Entities, and their assigns and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Sweepstakes, including, without limitation, the Entrant’s decision to provide a Submission for purposes of the Sweepstakes, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Sweepstakes Entities and Entrant, does not place the Sweepstakes Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission, and that the only contracts, express or implied, between the Sponsor and its designees and Entrant is as set forth in these Official Rules.
9.INDEMNITY: Each Entrant shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Sweepstakes; (b) a breach or allegation, which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT OR THE SWEEPSTAKES ENTITIES IN CONNECTION WITH THE SWEEPSTAKES OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR SWEEPSTAKES AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, ALL PRIZES AND THE SWEEPSTAKES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE SWEEPSTAKES ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS 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 YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
DISPUTES: As a condition of participating in this Sweepstakes, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action, in accordance with the arbitration provision below. Further, in any such dispute, under no circumstances will Entrants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (e.g. costs associated with entering), and Entrant further waives all rights to have damages multiplied or increased.
ARBITRATION PROVISION: By participating in this Sweepstakes, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the Entrant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Entrant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the Entrant or Released Parties. For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
PRIZE WINNER LIST: For a list of winners, or a copy of these official rules, mail a self-addressed, stamped envelope to: Creative Zing Promotion Group I Need a TrueCar Sweepstakes Winner List or Rules, 2100 E. Robinson, Orlando, FL 32803 by January 31, 2023.
This Sweepstakes is in no way sponsored, endorsed or administered by Instagram or TikTok. Instagram and TikTok are completely released of all liability by each Entrant in this Sweepstakes.