The following Terms and Conditions (the “Rules”) apply to the truck giveaway contest (the “Giveaway”) sponsored by Spotted Lakes, L.L.C. (“1845”)
The Giveaway is open to (i) drivers employed by 1845 during the Giveaway Period, (ii) owner-operators or Fleet Owners (as defined below) engaged by 1845 during the Giveaway Period, and (iii) drivers employed by Fleet Owners during the Giveaway Period.
2. Agreement to Rules
By participating in the Giveaway, you agree to be fully and unconditionally bound by the Rules. In addition, you agree that any and all of 1845’s decisions related to the Giveaway and the distribution of the Awarded Tractor (as defined below) are final and binding and you waive all claims against 1845 arising from or related to the Giveaway. The Giveaway is subject to all applicable federal, state, and local laws (collectively, “Applicable Law”).
3. How to Enter
You will receive one (1) entry in the Giveaway each time you make a referral of a Qualified Driver (as defined below) to 1845 that becomes employed (with respect to employee drivers) or engaged (with respect to owner-operator drivers) by 1845 to provide driving services and remains employed or engaged by 1845 through orientation and the delivery of at least one load for 1845 (the “Qualifying Period”). You will receive two (2) entries in the Giveaway each time you make a referral of a Specialized Hauler (as defined below) to 1845 that becomes engaged by 1845 to provide driving services and remains engaged for the Qualifying Period. There is no limit on the number of entries you can make. You will not receive an entry for referring any driver that (i) is not hired or engaged by 1845 for any reason, (ii) does not meet the definition of Qualified Driver or Specialized Hauler, or (iii) does not remain employed or engaged for any reason with 1845 for the Qualifying Period. You will receive only one (1) entry for referring any Specialized Hauler that is otherwise a Qualified Driver that becomes employed or engaged by 1845 to provide driving services and remains employed or engaged by 1845 for the Qualifying Period. In order for your entry to be accepted, the Qualified Driver or Specialized Hauler must specify you as the individual that referred him or her to 1845 on his or her initial application submitted to 1845. Owner-operators that lease one or more tractors to 1845 that they don’t personally operate (“Fleet Owners”) will not be eligible for (A) any referrals for tractors they own or (B) any other referrals unless all tractors they own are seated with drivers at the time the application is submitted, as determined in 1845’s sole discretion.
A “Qualified Driver” means any of the following:
(1) a driver hired by 1845 as an employee of 1845 that has not been employed or engaged by 1845 to provide driving services at any time within the ninety (90) days immediately preceding the referral; (2) an owner-operator engaged by 1845 with a tractor that has not been leased to 1845 at any time within the six (6) months immediately preceding the referral (verified by the VIN) and with a driver that has not been employed or engaged by 1845 at any time within the ninety (90) days immediately preceding the referral; or (3) a driver hired by a Fleet Owner that has not been employed or engaged by 1845 at any time to provide driving services within the past ninety (90) days immediately preceding the referral.
A “Specialized Hauler” means an owner-operator (i) with a tractor operating in the Permian Basin that (a) has a pneumatic blower and (b) has not been leased to 1845 at any time within the six (6) months immediately preceding the referral (verified by the VIN), (ii) that is willing to haul a pneumatic trailer, and (iii) with a driver that has not been employed or engaged by 1845 at any time within the ninety (90) days immediately preceding the referral.
4. Giveaway Period
Entries meeting all requirements set forth in the Rules will be accept-ed for Qualified Drivers or Specialized Haulers that are hired or engaged between September 23, 2019 and April 6, 2020 (the “Giveaway Period”). Any referrals for drivers hired or engaged outside of the Giveaway Period will not be considered for the Giveaway.
Subject to the requirements below, the winner of the Giveaway will win a 379 Peterbilt tractor (the “Awarded Tractor”) with an approximate value of $84,500.00. For one year after delivery of the Awarded Tractor to the winner (the “Initial Prize Period”), (i) the winner will be permitted to use the Awarded Tractor as an owner-operator engaged by 1845, (ii) the title to the Awarded Tractor will remain with 1845, (iii) no lease or other payments from the winner related to the winner’s use of the Awarded Tractor will be required, (iv) the winner will be compensated for leasing driving services to 1845 at the same rates payable to other owner-operators engaged by 1845, (v) 1845 will be responsible for all routine maintenance and repair not caused by the negligence or willful misconduct of the winner, and (vi) the winner will be responsible for all other operating costs paid by owner-operators engaged by 1845, including, without limitation, fuel and certain insurance. After the Initial Prize Period, if the winner is continuously engaged by 1845 as an owner-operator for the Initial Prize Period and, with respect to a Fleet Owner, the Awarded Tractor stays seated with a driver for the entire Initial Prize Period, the winner will be provided with the title to the Awarded Tractor, free and clear of all liens or other obligations by the winner. If at any time during the Initial Prize Period, the winner ceases to be engaged by 1845 as an own-er-operator for any reason or, with respect to a Fleet Owner, the Awarded Tractor fails to stay seated with a driver for the entire Initial Prize Period, the winner will forfeit all rights to the Awarded Tractor, including the right to receive the title. Prior to receiving the Awarded Tractor after the Initial Prize Period, the winner will be required to execute (A) one or more additional agreements specifying additional terms and conditions related to the winner’s use and acceptance of the Awarded Tractor and (B) to the extent the winner is not already an owner-operator, 1845’s standard independent contractor agreement (together, the “Awarded Tractor Agreement”). No cash or other substitution of the Awarded Tractor will be permitted, except at 1845’s sole discretion. Except as specifically set forth herein or in the Awarded Tractor Agreement, any and all expenses related to the Awarded Tractor, including, without limitation, any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. Acceptance of the Awarded Tractor constitutes permission for 1845 to use the winner’s name and likeness for purposes of advertising and trade without further compensation, unless prohibited by Applicable Law.
6. Winner Selection
Within thirty (30) days of the end of the Giveaway Period (i) Montgomery Coscia Grelich LLP, independent accountant, will conduct a random drawing from all qualified entries and select one winner. If the selected winner of the drawing is then employed or engaged by 1845 or employed by a Fleet Owner on the date of such drawing, such winner will win the Awarded Tractor, subject to compliance with the Rules. If the selected winner is not currently eligible or fails to timely execute the Awarded Tractor Agreement, the Awarded Tractor will be forfeited and one or more additional random drawings will be conducted until an eligible winner is selected.
The receipt by the winner of the Awarded Tractor is conditioned upon compliance with all Applicable Law. ANY VIOLATION OF THE RULES OR AWARDED TRACTOR AGREEMENT BY THE WINNER (AT 1845’S SOLE DISCRETION) WILL RESULT IN THE WINNER’S DISQUALIFICATION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
1845 reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Giveaway should (in its sole discretion) (i) any non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Giveaway, or (ii) the Giveaway conflict with any Applicable Law or agreement to which 1845 is party. 1845 reserves the right (in its sole discretion) to disqualify any individual who tam-pers or attempts to tamper with the entry process or the operation of the Giveaway or violates these Rules. These Rules do not purport to be all-inclusive with respect to the terms and conditions governing the Awarded Tractor and the winners use or acceptance thereof, and you agree that additional terms and conditions will be included in the Awarded Tractor Agreement.
8. Limitation of Liability
By entering you agree to release and hold harmless 1845 and its affiliates and their respective representatives, agents, successors, assigns, employees, officers, members, and managers (collectively, the “Released Parties”) from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly from (i) your participation in the Giveaway, (ii) the administration of the Giveaway or the processing of entries, (iii) any unauthorized human intervention in any part of the entry process or the Giveaway, and (iv) your acceptance, possession, use, or misuse of the Awarded Tractor.
THE GIVEAWAY IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT RESPECT TO ITS CONFLICT OF LAW DOCTRINES. As a condition of participating in this Giveaway, you agree that any and all disputes which cannot be resolved between you and 1845 related to the Giveaway and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State of Texas having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than your actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway), and you further waive all rights to have damages multiplied or increased.