Official MacroPoint Broker Sweepstakes Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN AND WILL NOT INCREASE THE ODDS OF WINNING.
By entering or otherwise participating in this sweepstakes (“Sweepstakes”) sponsored by MacroPoint LLC (“Sponsor”), you agree to be bound fully and unconditionally by these official rules (“Rules”) and to Sponsor’s decisions, which are final and binding in all matters related to these Sweepstakes. Please note that as part of this Sweepstakes you explicitly agree that we may contact you via phone or email message regarding this Sweepstakes as well as about other marketing initiatives of Sponsor. If you wish to opt out of receiving such messages, please see the section titled “Communications”.
This Sweepstakes is open to any natural person who:
- Is a legal resident of the United States of America;
- Is at least 18 years of age or older at the time of entry;
- Is a user of Descartes MacroPoint application to register a truck load to be tracked via the Descartes MacroPoint for Truckers app; and
- Is not restricted by their employer, if employed by a shipper or freight broker, from participating in this sweepstakes.
Employees, officers, and directors of Sponsor or any affiliate of the Sponsor, along with any immediate family members or individuals who share the same household, whether legally related or otherwise, are not eligible to enter the Sweepstakes or win a prize. For the purpose of this Sweepstake, immediate family members are defined as spouses, partners, parents, legal guardians, siblings, in-laws, grandparents, children, and grandchildren. Further, for the purpose of this eligibility requirement of the Sweepstakes, any roommates or housemates are considered to share the same household.
2. Entry Period
The entry period for this Sweepstake starts at midnight Eastern Time on September 1, 2020 and ends at 11:59 pm Eastern Time on September 30, 2020 (“Entry Period”).
3. Means of Entry
There are two means to enter the Sweepstakes:
(a) If during the Entry Period you use the Descartes MacroPoint for Truckers mobile application, either for iOS or for Android, to communicate to the MacroPoint network the departure, arrival, and in-transit location of any single load, you will be automatically entered into the Sweepstakes. Each fully completed load, where location information from departure until arrival has been transmitted through the network, will generate a single entry. You will receive an entry automatically for every load you complete using the Descartes MacroPoint for Truckers app during the Entry Period.
(b) Entries also can be submitted to the Sweepstakes by completing in its entirety the paper ballot located here and sending that completed ballot printed in black lettering on standard “Letter” size (8.5 by 11 inches) plain white paper to:
Attention: Broker Sweepstakes Entries
6050 Oak Tree Blvd.
Independence, Ohio, 44131
United States of America
All paper ballot entries must be postmarked during the Entry Period and received by Sponsor within five (5) days of the end of the Entry Period. Use of any automated system to submit paper ballots is prohibited and will result in disqualification. Incomplete or untimely entries are void and will be ineligible.
Sponsor is not responsible for lost, late, postage due, illegible, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server or other connections; miscommunications, computer or software malfunctions; transmission problems; technical failures; garbled transmissions; damage to user’s software or transmission devices; or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. Entries specifying an invalid, non-working or inactive telephone or SMS text address will be disqualified and ineligible to win. Once submitted, no entry can be returned. All entries once submitted become the property of Sponsor.
Ten (10) separate prize winners submitting eligible entries during the Entry Period will be chosen. Prize winners will be given the choice of either a) a cheque from the Sponsor for $500 (USD) or b) a charitable donation of $500 (USD) made to an Eligible Charity in the name of the prize winner. The Sponsor is not responsible for and will not replace any lost, stolen, stale-dated, or damaged cheque. Any cheque not deposited after one-hundred and eighty (180) days will be deemed forfeited and the Sponsor will have no further obligation with respect to that prize. A list of the charities that are an Eligible Charity is provided at the end of these Rules. All prizes are awarded “as is” and without any warranty of any kind, express or implied.
Each prize winner will be solely responsible for all federal, state, and/or local taxes, or for other fees or costs associated with the prize or the entrant’s receipt of the prize. Each prize winner may be required to provide Sponsor with a valid social security number before the prize is awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of the winner for the value of the prize received. Each prize winner agrees to fully cooperate with Sponsor in providing all necessary information to complete any tax reporting form that may be required by law.
Further, each prize winner will be obligated to complete an affidavit of eligibility (“Affidavit”), including a statement of his or her compliance with the eligibility and other requirements, agreement to be bound by these Sweepstakes Rules, and an agreement to allow Sponsor, and its affiliated entities, to use the potential winner’s name and other identifying information for promotional purposes to the extent allowable by law, and to use the winner’s name and state for identifying the Sweepstakes winners, within one week of notification of being selected as a potential winner.
If any entrant chosen as a potential prize winner does not meet all of these requirements, Sponsor retains the right to select an alternative potential prize winner from the remaining eligible entries.
The prize is not transferable or assignable.
5. Winner Selection and Prize Claiming
Ten (10) separate potential winners will be selected by random drawing, on or about the first business day that occurs after the 6th day of the month after the Entry Period. The potential winners will be contacted by the Sponsor through a phone or email message, at the discretion of the Sponsor, using the contact information registered to the license holder of the Descartes MacroPoint application under which the potential winner registered the truck load. The potential winner will be asked to confirm their eligibility, acceptance to be bound by these Sweepstakes rules, choice of prize, and to confirm their full legal name and a current mailing address. Notification will be deemed to have occurred upon the call being made or the email message being sent to the MacroPoint license holder. Sponsor is not responsible for any delay that may occur between contact being made with the MacroPoint license holder and notification of the potential prize winner or any action or inaction that results in the notification not being conveyed from the license holder to the potential winner. For greater clarity, the Sponsor shall be considered to have met its responsibility to notify the potential winner upon the Sponsor sending notice to the MacroPoint license holder.
Potential winners will have seven (7) days to provide the above requested information from the date of first notification. Failure to provide the above information, or a determination of ineligibility, will result in that potential winner being removed as a potential prize winner of the Sweepstakes and a replacement potential winner will be selected by an additional random draw from the remaining, eligible entries in the Sweepstakes.
Failure to complete and return an Affidavit, if required, will disqualify the potential winner and an alternate potential winner will be selected in their place. The decision of Sponsor as to the selection and eligibility of potential winners will be at the Sponsor’s sole discretion and is final.
The names and state of residence of the winners of the Sweepstakes will be posted by Sponsor to the following publicly available website http://www.macropoint.com/we-love-freight/ for a period of at least sixty (60) days from the date the winner is selected and confirmed to be eligible for the prize. Entrants understand and agree that the Sponsor may publicize their name and state of residence in this manner and for the specified duration.
6. Odds of Winning
The odds of winning will vary depending on the number of total entries received as well as the number of entries submitted by each individual entrant.
7. Publicity, Waivers, Disclaimers, and Releases
Subject to applicable law, Sweepstakes winners irrevocably grant the Sponsor, its affiliates, and their licensees, successors, assigns, and sub-licensees, the right and permission to use their name, address, employer’s name, and general Descartes MacroPoint and/or MacroPoint for Truckers app usage details (such as but not limited to total trips booked and total distance tracked) for advertising, promotional, and/or publicity purposes in connection with this Sweepstakes or other similar marketing initiatives of the Sponsor, in all forms of media and by all manners, now or hereafter known, worldwide, in perpetuity, and without any obligation to provide notice or consideration beyond the awarding of the prize to the winner.
Entrants agree that the Sponsor, its affiliates, and its respective directors, officers, employees, agents, advisors, success, and assigns (collectively “Representatives”) have neither made nor will be in any manner responsible or liable for any warrant, representation, or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to any prize. By participating in this Sweepstakes, each entrant agrees to release, discharge, indemnify, and hold harmless Sponsor and its affiliates, and each of their respective directors, officers, employees, agents, advisors, successors, and assigns from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines, or injuries (up to and including bodily injury and death) of any kind arising out of or related to i) the entrant’s participation in the Sweepstakes (including any travel or other activity related to participation in the Sweepstakes); ii) any acceptance, possession, misuse, or use of any prize iii) any alleged violation of the rights of publicity or privacy, claims of defamation or portrayal in a false light; iv) any error or limitation, whether intentional or unintentional, that causes the entrant to be unable to fully participate in the Sweepstake, including but not limited to the inability to identify a specific user or communicate location tracking information to the MacroPoint network; and v) any typographical, technical, electronic, human, or other error in the printing, offering, selection, operation, transcription of registration or entries, or announcement of any Sweepstake related activity and/or prize.
Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that provision or bar the Sponsor from enforcing that term in the future. Entrant waives any right it may have to claim ambiguity of these Rules or any advantage or effect on interpretation that may arise from such a claim.
If the Sponsor, at its sole discretion, determines that an entrant has or intends to take any action or inaction that is designed to or has the effect of allowing the entrant to cheat, obtain an unfair advantage, to circumvent the Rules, or otherwise interfere in the administration, security, fairness, integrity, or proper conduct of the Sweepstakes (“Cheating”), the Sponsor may disqualify the entrant from the Sweepstakes as well as other existing or future Sweepstakes that may be offered by Sponsor in the future. Any winner or potential winner determined by Sponsor, at its sole discretion, to have been engaged in or attempted Cheating will be immediately disqualified and will forfeit any right to a prize or be obligated to refund the prize to Sponsor if already awarded. Further, any entrant found by Sponsor, at its sole discretion, to be using this Sweepstake or any part or function of it to engage in or further any criminal enterprise or undertaking, cause moral or reputational harm to the Sponsor, or with the intent to annoy, abuse, threaten, or harass any other person may be disqualified from the Sweepstakes and from other existing or future Sweepstakes that may be offered by Sponsor.
9. Privacy and Protection of Personal Information
As a condition of entering the Sweepstakes, each entrant consents to the Sponsor or its affiliates providing their name, address, phone number, and/or email address to a third party solely for the purpose of contacting or communicating with the entrant about this Sweepstakes and facilitate delivery of any prize if awarded.
Entrants understand and agree that Sponsor or its affiliates may also use entrant’s name and contact information to contact them about future Sweepstakes, as well as other marketing initiatives conducted by Sponsor or its affiliates. At any time, entrant can withdraw or “opt out” of receiving such communications by notifying Sponsor in writing at the address at the bottom of these Rules, or by email at DL-NA-MP-Driversweepstakes@descartes.com to remove contact information from Sponsor’s records. Entrants understand that withdrawing consent or opting out of such communications during the Entry Period or subsequently may cause them to be unable to participate fully in this Sweepstakes or to be eligible to be a prize winner.
11. Governing Law and Limitation of Liability
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules or the rights and obligations of entrants, potential winners, winners, or Sponsors will be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: 1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; 2) ANY AND ALL CLAIMS, JUDGMENTS, SETTLEMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE HUNDRED DOLLARS ($500), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHT TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGE, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, IF ANY, WHICH ARE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500), OR ANY RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR OTHERIWSE INCREASED; AND 4) ENTRANT’S REMEDIES WILL BE LIMITED SOLELY TO A CLAIM FOR MONEY DAMAGES, IF ANY, AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUCITIVE OR EQUITABLE RELIEF. WHERE SUCH EXCLUSIONS ARE NOT PERMITED BY LAW, THEY DO NOT APPLY.
12. Dispute Resolution
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the federal courts in the State of Delaware. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.
The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator mutually agreed upon. If an in-person hearing is required, then it will take place in the State of Delaware. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of Delaware. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend or participate in the arbitration hearing).
13. Sponsor Information
This Sweepstakes is sponsored by MacroPoint LLC, located at 6050 Oak Tree Blvd., Unit 190, Independence, Ohio, 44131, USA.
This Sweepstakes is in not sponsored by, endorsed by, administered by, or associated with the App Store, Apple Inc., Google Play Store, or Google LLC. By entering, you understand that you are providing your Sweepstakes-related information to the Sponsor and not to the App Store, Apple Inc., Google Play Store, and Google LLC.
14. Eligible Charity
The following charities are eligible for a prize winner to select as a charity to receive a $500 (USD) donation in the prize winner’s name in lieu of receiving a $500 (USD) cheque from the Sponsor:
- Wounded Warrior Project
- Christopher’s Truckers Relief Fund
- Make-A-Wish Foundation