Terms and Conditions
To Enter; Eligibility: The promotion described herein (the “Promotion”) is offered by Cars and Bids, LLC (“Cars and Bids”). To become an eligible participant for this Promotion (each, an “Eligible Participant”), you must:
(a) list a car for auction as a registered user of the Services through a listing that is mutually agreed upon on the Services between you and Cars and Bids (such listing, a “Listing”);
(b) keep your Listing available through the entire duration of the auction;
(c) if the auction for your Listing ends with a winning bidder, you must make a reasonable effort to complete the sale of your car
(d) be 18 years of age or older and a legal resident of the United States for the duration of the Promotion; and
(e) agree to abide by these terms and conditions and be bound by all Cars and Bids decisions relating to this Promotion, which are final and binding in all respects, including, but not limited to, its determination of the winners.
Only your first (1st) Listing on the Services is eligible for the Promotion and you may only participate in the Promotion through one (1) account on the Services. You may not use any fraudulent, robotic, automatic, programmed or other similar method to enter and participate in this Promotion, and the use of such methods may result in your disqualification. You may not participate in this Promotion if you are (i) an employee or consultant of Cars and Bids or member of such employee or consultant’s immediate family or household or (ii) an agent or representative acting on behalf of Cars and Bids in connection with this Agreement, including, but not limited to those involved in the development, implementation, or distribution of the Promotion or their respective parent companies, affiliates, subsidiaries, service providers, agencies, officers or employees or (iii) any other person or entity associated with the Promotion.
Cars and Bids may reject your participation in this Promotion, in its sole discretion, if you fail to meet any of the eligibility requirements or conditions set forth in these terms and conditions. All information submitted in connection with the Promotion must be complete, accurate and truthful. For clarity, the Cars and Bids Terms of Use (the “Terms”) governs your use of or access to the Services (as defined in the Terms) in any manner (provided that in the event of any direct conflict between these rules and the Terms, these Promotion terms and conditions shall govern with respect to the subject matter of these terms and conditions).
Listing Evaluation Criteria: In determining whether a car qualifies for listing on the Services, Cars and Bids may consider the following car criteria, among other factors (as determined by Cars and Bids at its sole discretion): (i) the model year; (ii) the model rarity/collectability and resonance with car enthusiasts; (iii) condition; (iv) color; (v) equipment and features; (vi) title history and status; and (vii) for participants who elect to have a listing reserve price, the desired reserve price.
Prize: Subject to these terms and conditions, Cars and Bids will award (i) One Thousand United States Dollars ($1,000) to each of the first fifty (50) Eligible Participants to successfully complete the auction for their Listing and (ii) thereafter, Five Hundred United States Dollars ($500) to the next fifty (50) Eligible Participants to successfully complete the auction for their Listing. The winners are responsible for the payment of all taxes associated with the receipt of any Prize, if any. No substitution or transfer of Prizes is permitted.
Prize Winner Selection and Announcement: The Promotion will start on 5/26/2020 and end on the earlier of: (x) 5/26/2021 and (y) the date Cars and Bids has selected its one-hundredth (100th) winner in accordance with these terms and conditions.
The decisions of Cars and Bids are final. Cars and Bids will send the winners a Prize notification by email to the email address such winner specifies during the registration process for the Services. If (i) any Prize notification email is returned as undeliverable, or (ii) a winner is disqualified or does not provide Cars & Bids with information it reasonably requires in order to process payment to winner within thirty (30) days after the Prize notification email is sent, the Prize will be awarded to an alternate winner selected by Cars and Bids. Winners must sign any applicable forms required by tax authorities and Cars and Bids. The Prize will only be awarded to a winner if he/she complies with these rules, and executes and submits to Cars and Bids an Affidavit of Eligibility, which includes certain additional terms, conditions, and limitations regarding the Prize.
Limitations of Liability: Cars and Bids is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions, whether caused by Cars and Bids, or you or by any of the equipment or programming associated with or utilized in association with this Promotion or by any technical or human error which may occur in the processing of submissions that may limit an entrants ability to participate in this Promotion. BY ACCEPTING ANY PRIZE, EACH WINNER AGREES THAT EACH PRIZE IS AWARDED ON THE CONDITION THAT CARS AND BIDS, ITS SUPPLIERS, AND ITS AND THEIR AGENTS, REPRESENTATIVES AND EMPLOYEES, WILL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES, TAXES, OR DAMAGES OF ANY KIND RESULTING FROM ACCEPTANCE, POSSESSION OR USE OF SUCH PRIZE. The winners further acknowledge that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee (express or implied, in fact or in law) in connection with any Prize or the use or enjoyment of any Prize.
General Conditions: If any provision of these rules is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these rules shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law. Cars and Bids 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 Promotion or to be acting in violation of these terms and conditions. If Cars and Bids determines, in its sole discretion, that the Promotion is compromised by corruption of the administration, security or proper functioning of the Promotion, then Cars and Bids may cancel this Promotion at any time. In the event of any non-compliance with any requirement stated herein, a winner’s Prize may be forfeited and awarded to an alternate winner. This Promotion is governed by and shall be construed under the laws of the State of California, without regard to the conflicts of law provisions therein. The parties hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Diego, California. The Prize will only be sent to a U.S. address, and will be subject to all applicable taxes and withholding. This Promotion is void where prohibited or restricted by any relevant federal, state or local law, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements that are not satisfied.