Official Rules - CEMEX USA
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING
CEMEX, Inc., its subsidiaries and affiliated companies (together, “CEMEX USA”), will conduct this contest substantially as described in these official rules (the “Rules”).
1. Eligibility: This Campaign is open only to those who enter at the official CEMEX USA Facebook or Instagram account and who are at least 21years old as of the date of entry. The Campaign is only open to legal residents of the United States and is void where prohibited by law. The Campaign is subject to all applicable federal, state, and local laws and regulations.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully and unconditionally bound by the Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of CEMEX USA as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online during the period starting on December 13th, 2019 12:00pm CST and ending December 23rd, 2019 12:00pm CST.
4. How to Enter: During the Campaign Period, eligible participants enter at the official CEMEX USA Facebook or Instagram account . The entry must fulfill all Campaign requirements, as specified herein, to be eligible to win a prize: Comment on the specified Facebook or Instagram post with your favorite holiday tradition. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of CEMEX USA. You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of CEMEX USA.
5. Prizes and Winners: Three (3) prize winners (each, a “Winner”) will each receive $250, awarded as a gift card to be sent to the Winner via mail. The specifics of the prize shall be solely determined by CEMEX USA. No cash or other prize substitution shall be permitted except at CEMEX USA’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for CEMEX USA to use a Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random under the supervision of CEMEX USA on December 23rd, 2019. Winner will be notified by direct message on Facebook or Instagram within ten (10) business days following selection of Winner. CEMEX USA shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within ten (10) business days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. By accepting a Prize, each Winner agrees to release the CEMEX USA and all released parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the Campaign or for damages of any kind caused by the prize or resulting from acceptance, possession, or use/misuse of the prize awarded. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. Unsportsmanlike, disruptive, annoying, harassing, inappropriate or threatening behavior or language is prohibited. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER,AT CEMEX USA‘S SOLE DISCRETION, WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this Campaign (e.g., photo, video, text, etc.), You understand and agree that CEMEX USA, anyone acting on behalf of CEMEX USA, and CEMEX USA’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this Campaign, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another You will be disqualified. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless CEMEX USA from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which CEMEX USA may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: CEMEX USA reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond CEMEX USA’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, CEMEX USA may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by CEMEX USA. CEMEX USA reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. CEMEX USA has the right, in its sole discretion, to maintain the integrity of the Campaign including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, CEMEX USA reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless CEMEX USA and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Campaign; (v) electronic or human error in the administration of the Campaign or the processing of entries.
11. Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF TEXAS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Texas having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: CEMEX USA 10100 Katy Fwy #300, Houston, TX 77043. Requests must be received no later than January 31st, 2020.
14. Donations: CEMEX USA will match eligible entries up to or a $1,000 value. One entry equals $10.00 USD. Donations will be submitted on behalf of CEMEX USA to One Tree Planted by January 31st, 2020.
15. Facebook or Instagram: The Campaign hosted by CEMEX USA is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.
16. By entering, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.