Except to the extent set forth in the specific rules for a particular contest, these general contest rules will apply to all contests conducted by Terrible Herbst (the “Sponsor”). To the extent that the specific rules for a particular contest differ from these general contest rules, the specific rules for that particular contest will govern and control the conduct of such contest. A copy of these general contest rules, along with any specific contest rules if/when applicable, are available (i) during regular business hours, Monday through Friday (excluding holidays) 9:00am to 5:00pm, at the Terrible Herbst Corporate Office 3440 W. Russell Road, Las Vegas, NV 89118. For directions to Terrible Herbst Corporate Office, call (702)798-6400, and ask to speak with someone in Marketing.
Who Can Enter
Individuals who are both 18 years of age of older and legal Clark County or Nye County, NV residents on the entry date may enter Terrible Herbst contests (“Entrant(s)”). Only if Terrible Herbst allows individuals eighteen (18) years of age or older to enter contests.
Notwithstanding the foregoing, the following individuals are NOT eligible to enter Terrible Herbst contests, even if such individuals meet the age and residency requirements set forth in Section 1 above:
Any employees (i.e., full-time, part-time and/or temporary employees) of Terrible Herbst, of participating sponsor(s) (“Sponsor(s)”), of any advertising and promotion agencies, and/or of the respective parent entities, subsidiaries, affiliated companies of each;
Any immediate family members of such employees, including without limitation current and/or ex-spouses, parents, grandparents, children, grandchildren, siblings, in-laws, and/or steps in any of the foregoing categories; and
Any other individual legally residing in the same household (i.e., at the same address) of such employees, including without limitation roommates, housemates, significant others, and partners.
How to Enter/How to Win
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
For particular Contests governed by these general contest rules (“Contest(s)”), Terrible Herbst will provide the following Contest-specific information as applicable: (i) when to enter the Contest and/or the deadline for entering the Contest (the “Entry Period”); (ii) how to enter the Contest, which may include but will not be limited to one or more of the entry methods described in Sections 5 – 10 below; (iii) the time(s), date(s), location(s) (if applicable), and method(s) for selecting or otherwise determining any qualifier(s), semi-finalist(s), finalist(s) (collectively hereinafter “Qualifier(s)”), winner(s) and/or grand prize winner(s), as applicable; and (iv) a description and approximate value of the prize(s) to be awarded (“Contest Terms”).
Terrible Herbst will provide such Contest Terms by means of on website/blog post(s), social media network post(s), and on-site/point-of-purchase poster(s), display(s), material(s) and/or handout(s).
Any reference to information being “announced” or “as announced” shall mean that Terrible Herbst has or will provide such information by any one or more of the foregoing means, as determined by Terrible Herbst with respect to each Contest.
Terrible Herbst is not responsible for the failure of any third party sponsor/location to make Contest Terms available.
For Entering/Winning Contests
Enter to Win Online Contests: To enter, visit com/promotions(the “Website”) (or an alternative website for a particular Contest hereinafter referred to as a “MicroSite”), or Terrible Herbst's Facebook Page, follow the links and instructions to enter the Contest, and complete and submit the online entry form during the Entry Period as announced. The online entry form may require for the Entrant to provide certain required contact information, along with any one or more of the following additional requirements: (i) answering survey questions; (ii) correctly answering trivia questions; (iii) making predictions or guesses with respect to certain upcoming events; and/or (iv) submitting Entrant-generated Content (for essay requirements, see Section 11(h)(i) below; for photo requirements, see Section 11(h)(ii) below; and for video requirements, see Section 11(h)(iii) below).
Entrants may be provided with an opportunity to opt-in for membership/participation as part of the entry process or, in the alternative, may be required to become a member/participate in clubs of (for example, email clubs, text clubs, and rewards programs) or to receive solicitations from Terrible Herbst and/or its Sponsors.
Some online Contests may allow Entrants to obtain “extra” entries if they “share” their entry with a friend and that friend validly enters that Contest using the link provided by the Entrant, provided that (i) the total number of “extra” entries can be capped at a maximum number of “extra” entries, as announced by Terrible Herbst, and (ii) if that friend previously entered that Contest through a link from another Entrant, his/her attempt to enter the Contest through subsequent shared links may not constitute a “valid” entry (in which case, subsequent Entrants will not get “extra” entries for that particular friend).
Twitter Contests: To enter, log in to your existing account, or to sign up for a free account, with the social media network site Twitter, post a Tweet that includes both (1) the unique hashtag for the Contest as designated and announced by Terrible Herbst and (2) the @terribleherbst Twitter handle. Tweets that include any hashtag other than the designated hashtag, Tweets that include a Twitter handle other than the Terrible Herbst's verified Twitter handle, and/or Tweets that do not include the designated hashtag for the Contest and/or the Terrible Herbst’s verified Twitter handle will not be accepted for Contest entry.
Instagram Contests: To enter, log in to your existing account, or to sign up for a free account, with the social media network site Instagram, (1) post an eligible photo as instructed by Terrible Herbst on Instagram, subject to compliance with the photo requirements in Section 11(h)(ii) below, and (2) include the unique hashtag for the Contest, as designated and announced by the Terrible Herbst. Posts that include any hashtag other than the designated hashtag, and/or posts that do include the designated hashtag for the Contest, will not be accepted for Contest entry.
Failure to comply with the terms and conditions applicable to Contest entry, including without limitation submitting an incomplete or fraudulent entry, and/or failing to complete the entry process, will result in such Entry being disqualified from such Contest. Any individual(s) that is found to be, or suspected of, tampering with a Contest in any way, including without limitation by making a fraudulent entry, by engaging in any “deal-making” with or between other Contest participants or third parties, by creating a public hazard, by cheating, by engaging in improper or illegal activity, by causing interference with or the destruction of property and/or utilized public safety resources will be disqualified from participating and/or winning any prize(s), as applicable, and may be banned from any future participation in any Contest as determined by Terrible Herbst at its sole discretion and on a case-by-case basis.
Depending upon the type of Contest, the means of entry, and the entry information provided/required, Terrible Herbst may contact Entrant(s), Qualifier(s), winner(s), and/or grand prize winner(s) by phone, by email, by text message, by direct message or public post on social media network, and/or in person, as applicable. Terrible Herbst will only be required to leave one voicemail message, send one email, send one text message, send one direct message on social media, and/or make one public posting on social media. Terrible Herbst reserves the right, but not the obligation, to attempt to contact any Entrant(s), Qualifier(s), winner(s), and/or grand prize winner(s) more than once, at its sole discretion, and will not be required to attempt to contact Entrant(s), Qualifier(s), winner(s), and/or grand prize winner(s) an equal number of times or in the same manner.
Terrible Herbst will be the sole arbiter in all matters relating to the Contest, including without limitation, Contest entries and in the interpretation of Contest rules. All decisions by Terrible Herbst will be final and may not be appealed. Entry into Contests constitutes agreement by Entrants to abide by these rules, as well as any other rules established by Terrible Herbst.
Prize(s) will be released to winners only. Prizes will not be mailed, unless otherwise determined by Terrible Herbst, at its sole discretion. All prizes awarded must be picked up at the Terrible Herbst Corporate Office during normal business hours (as described above), unless otherwise specifically directed by Terrible Herbst. Prizes not claimed within thirty (30) business days of being advised by Terrible Herbst that the prize is available for pick-up, or in the case of a time sensitive prize within its period of usability if shorter than 30 business days, will be considered forfeited without notice to the winner, and will become property of Terrible Herbst. Such prize may be disposed of at the discretion of Terrible Herbst Management.
Notwithstanding anything to the contrary herein, stated on air, or published online, no potential winner of any Contest will be entitled to receive any prize until Terrible Herbst has verified such potential winner’s Contest eligibility and compliance with the Contest rules and until such potential winner has completed and submitted all documents required by Terrible Herbst. In order to receive any prize, a Winners may be required to present a valid government issued photo ID, to provide a valid social security number, and/or to provide or complete and sign any other documents required by the Terrible Herbst, including without limitation, one or more liability release agreements relieving the Terrible Herbst, its parent and affiliates and their respective officers, directors, members, managers, employees, agents, Contest sponsors and others from any and all liability with respect to the Entrant’s participation in the Contest and the receipt and/or use of the prize. Any person who refuses to present a valid government issued photo ID, to provide a valid social security number, and/or to provide or complete and sign any other documents required by Terrible Herbst by the deadline required by Terrible Herbst will forfeit any and all prizes. Terrible Herbst reserves the right to examine identification and may reasonably choose to accept or deny awarding the prize based on the identification presented.
In the event that any Entrant(s), Qualifier(s), winner(s) and/or grand prize winner(s), as applicable, is disqualified from a Contest for any reason permitted by the applicable Contest rules at any point in time (before or after a winner is determined): (i) Terrible Herbst and/or Sponsor(s) will in no way be obligated to notify any such individual(s) of such disqualification or forfeiture, (ii) Terrible Herbst will NOT be obligated to select an alternative Qualifier, winner, and/or grand prize winner, as applicable, and may instead elect to retain any associated prize(s) as its own property and/or dispose of any such prize(s) in any way it sees fit outside of, or within, the scope of the Contest.
Unless otherwise specified, the following terms and restrictions may apply generally to prizes awarded in Contests:
Any prize involving travel, including without limitation prizes consisting in whole or in part of overnight accommodations and/or travel by air, rail, ship, or motor coach, will be based upon availability and subject to additional terms and restrictions imposed by Terrible Herbst, Contest sponsors, and/or other agents participating in the Contest and/or fulfillment of the prize, including without limitation blackout dates, peak period restrictions, expiration dates, and/or additional age restrictions imposed upon the winner and/or the winner’s guest(s). These restrictions are not subject to negotiation. Winner’s guests may be required to sign one or more liability release agreements before being authorized by Terrible Herbst or its sponsor to be allowed to participate as winner’s guest on a trip. In addition, such winners and guest(s) are required to travel on the same itinerary, to which changes may not be made once booked, and are solely responsible for obtaining any international travel documents, visas or passports that may be required. Reservations are non-transferable and once booked and confirmed may not be rescheduled. Overnight accommodations will consist only of standard double occupancy accommodations, and winner will be solely responsible for all ground transportation, for the purchase of any items of a purely personal nature, for the payment of any incidental expenses, and for the payment of any taxes, charges, and/or fees. Winners may be required to provide a valid credit card to check into the hotel and to cover incidental expenses. Air travel will consist only of round trip coach air transportation to/from a commercial airport in/near the destination city from/to a commercial airport in the greater metropolitan area in which the Terrible Herbst is located, and the winner will be solely responsible for all ground transportation and for the pre-payment of any applicable taxes or airport, baggage, or government fees or charges.
Any prize that consists of an opportunity to meet with, participate in an activity with, interview or have similar interaction with any celebrity is contingent upon the celebrity appearing for such activity/event, which is beyond the Terrible Herbst's control. Terrible Herbst is not responsible if a winner and/or his/her guests are unable to meet such celebrity or participate in the associated activity if the celebrity determines this is not allowable for any reason or fails to appear/participate for any reason, including without limitation any illness, act of god, scheduling conflict or any other reason, Terrible Herbst is not responsible for such portion of the prize, which has no monetary value, and no alternate prize will be awarded and the event/activity will not be rescheduled. In the event that Terrible Herbst elects, at its sole discretion, to attempt to reschedule any such event/activity or offer an alternative prize, Terrible Herbst will have no obligation whatsoever to offer any other alternate prize if such attempt to reschedule or other offer is not accepted by or utilized by winner for any reason whatsoever.
Any prize that is awarded in the form of a gift certificate or gift card, the use and/or redemption of such certificate or card may be subject to additional terms and restrictions, including without limitation expiration date, specific locations at which such certificate or card may be redeemed, may be based on availability and may include black-out periods, restrictions or excluded items (i.e., tax, tips, alcoholic beverage, or goods from a particular manufacturer). Gift certificates are only redeemable at the locations for which they are specified.
Any prize involving the award of cash will be fulfilled in the form of a company check payable to the verified winner only and made available six (6) to eight (8) weeks from the date upon which the winner completes and submits all documents required by Terrible Herbst.
Terrible Herbst and any participating Sponsors are not responsible for replacing or reimbursing winners with any form of compensation for flights or events that are canceled, rescheduled or delayed. All cancellations are deemed beyond the control of Terrible Herbst and its sponsors. This includes, but is not limited to, event cancellations, trip schedule changes, flight cancellations, changes in travel arrangements, travel delays of any form and duration, as well as all delays or cancellations due to acts of nature, terrorism (including threats), illness or war. Additionally, Terrible Herbst is not responsible for any work stoppage, bankruptcy or other condition beyond Terrible Herbst's control that may affect Terrible Herbst's ability to provide any of the prizes. Terrible Herbst is not responsible for any expenses incurred by Contest winners as a result of such cancellations, delays or other circumstances beyond Terrible's control.
In all instances in which winner has the right to select specific products, the choice or products offered may be limited by the Sponsor or certain specific products or manufacturers may be excluded, and Winner will receive additional information on such restrictions and limitations after they have been awarded the prize.
Winners are responsible for paying all applicable local, county, state and federal taxes on prizes based on the estimated retail value of the prize, as set forth in the Contest rules, and may be issued an IRS Form-1099 for all prizes won from Terrible Herbst in any calendar year where the aggregate value of all such prizes is $600 or more.
Other Rules that May Apply to Terrible Herbst Contests
Contests are subject to all applicable laws and regulations, and are void where prohibited. Odds of winning depend upon the how the Contest is conducted. For random drawings, the odds of winning will depend upon the number of entries received. For contests in which winners are qualified for a random drawing to determine the grand prize winner, odds will depend on the total number of Qualifiers. For contests of skill that do not involve any element of chance, odds of winning are not applicable. All tie breaking procedures will be published on the Terrible Herbst’s website and/or communicated by email to tied contest Entrants.
Terrible Herbst may or may not respond to inquiries by Entrants or potential Entrants regarding the status of their entry and/or to questions about a Contest, regardless of the means by which such inquiry is made, and Terrible Herbst is not obligated to respond to, or to treat, all such inquiries identically (even if the question is identical). Time considerations and/or volume, among other things, may impact a Terrible Herbsts’ desire or ability to respond to such inquiries from time to time. Notwithstanding anything that may be communicated by any Terrible Herbst employee in connection with any such inquiry, the sole determining source for information related to a particular Contest will be the rules for such particular Contest, and any information communicated by Terrible Herbst employee(s) will neither be binding on the Terrible Herbst nor be deemed to be providing any type of improper assistance or advantage to any particular Entrant over another. Any attempt by Terrible Herbst to respond to an inquiry will be in the context of providing good customer service only and, in some instances, to address technical issues/problems.
Participation in a Contest and/or acceptance of prize(s) constitutes consent by Entrant and/or winner’s (and by winner’s guest(s) if applicable) for the Terrible Herbst or its agents (i) to interview the Entrant and/or winner(s) (and winner’s guest(s), if applicable), (ii) to photograph, film, and record (audio and/or video) Entrant and/or winner(s) (and winner’s guest(s), if applicable), and (iii) to use in commerce and in any medium now or hereafter known throughout the world in perpetuity and without payment of any compensation or additional consideration: his/her name, hometown (city and state), biographic information, likeness, photograph, audio or video recording, Entry Materials, prize information (if any), and/or any statements made by him/her regarding the Terrible Herbst, the Promotion, and/or its sponsor(s) for purposes of trade, publicity, or promotion without notice or additional compensation, notification, or permission, except where prohibited by law.
Participation in a Contest and/or acceptance of prize(s) constitutes agreement by Entrant and/or winner (and by winner’s guest(s) if applicable) release, forever discharge, indemnify, and hold harmless Terrible Herbst, its affiliates, parents, assigns, successors, employees, participating Sponsors, agents and all others connected with them and the promotion, Contest, and/or event (the “Released Parties”) from any and all liability, claims, actions, and damages sustained or incurred by participation in the said promotion, Contest, and/or event and the receipt and use of any prize(s) awarded (if any) through such promotion, Contest, and/or event arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise caused by Terrible Herbst, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the promotion, Contest, and/or event. In the event that the associated Contest is administered by Terrible Herbst (in whole or in part) via a Facebook page, Entrants understand and agree that the foregoing liability release and indemnification in this Section 25 will also include the release and indemnification of Facebook by Entrant in the same manner in which Terrible Herbst is released and indemnified.
The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering, or the administration of a Contest or in the announcement of a prize; (ii) incorrect or inaccurate information, human error, failure, or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, illegible, incomplete, or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems or for telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection, equipment malfunctions, and any other technological failures of any kind; or (vi) any cancellations, delays, diversions, or substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to Entrant(s) and/or winner(s) (and winner’s guest(s) if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Contest cannot be conducted and/or if a prize, either in whole or in part, cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or other factors beyond the Released Parties’ control.
If for any reason a Contest cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, the Terrible Herbst reserves the right to cancel, terminate, suspend, and/or modify the Contest without prior notice. If the Contest is terminated before the original end date, the Terrible Herbst reserves the right, in its sole discretion to, to modify the procedure for selecting winners, unless the nature of the event giving rise to such termination renders it impossible to select winner(s).
For a list of winners for a particular Contest, mail a self-addressed stamped envelope to the Terrible Herbst’s corporate address identifying the name of the particular Contest for which you would like to receive a winner’s list. All requests for winner lists must be mailed and received by the Terrible Herbst after the Contest is over but prior to three (3) months after the Contest has been concluded.