2023 Cybertruck Delivery Event Drawing Terms
1. Participation. Tesla will conduct a random drawing to determine its shareholders’ eligibility to attend its 2023 Cybertruck delivery event in person. The drawing will be held strictly in accordance with these Cybertruck Delivery Event Drawing Terms (“Terms”) and no exceptions will be made. Participation is voluntary and does not create a legal partnership, agency or other relationship between an entrant and Tesla. Entries must be made by November 3, 2023, at 11:59 PM Central Time. Incomplete applications, or attempted applications by means other than through the online application form, will not be considered.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR BE SELECTED. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF BEING SELECTED. DRAWING IS VOID WHERE PROHIBITED BY APPLICABLE LAW.
By participating in the drawing, each entrant certifies that such entrant is of the legal age of majority in the jurisdiction in which such entrant resides (at least 18 years of age in many countries) and such entrant represents that such entrant is a shareholder and is legally permitted to participate.
2. Eligibility. Each entrant will be required to submit proper evidence of share ownership as of September 30, 2023, pursuant to the instructions outlined on the Tesla Shareholder Platform.
3. General Conditions. All determinations by Tesla with respect to the drawing or any entrant’s eligibility will be final. Tesla, in its sole discretion, will determine the validity of each entry. If Tesla determines or believes that any entry is fraudulent, illegitimate or invalid, or that any entrant has failed to comply with or has violated any provision of these Terms, Tesla will have the right in its discretion to disqualify any affected entrant(s). Tesla reserves the right to modify these procedures or whether and how the in-person portion of the event will be held in its sole discretion. Tesla may be required to or choose to further change the date, time, location and/or format of the event. Irrespective of changes in schedule, government travel restrictions or other foreseeable and unforeseeable events, Tesla will not be responsible for any travel or lodging arrangements made or other expenses incurred in anticipation or furtherance of attending the event in person.
INVITATIONS TO ATTEND THE EVENT ARE NOT TRANSFERABLE AND ANY ATTEMPT TO TRANSFER AN INVITATION TO ANY OTHER PERSON WILL BE VOID AND WILL RESULT IN SUCH INVITATION BEING RESCINDED.
4. Release and Limitations. By participating in this drawing, and to the extent there are any media recordings (photograph/video) of the event, each entrant authorizes and releases Tesla, or its respective licensees, affiliates, successors and assignees the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute and use, worldwide in any media now known or hereafter in perpetuity and on a worldwide basis, the photographs, images or video shared or captured with or on behalf of Tesla, including, without limitation, the content of media including subjects captured, associated content, voice, likeness, image or statements, as well as metadata information for any purpose including but not limited to news, publicity, advertising, public relations or other promotional purposes without any expectation of compensation or remuneration now or in the future.
Each entrant also agrees that Tesla will have no liability for, and shall be held harmless by such entrant against, any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, or participation in this drawing, or any claims based on publicity rights, defamation or invasion of privacy. The released parties are not responsible if any eligibility is revoked due to cancelations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or terrorism.
5. Notification of Selection. Each selected entrant will be notified by direct email using the email address provided during the entry process. If any additional information is required to confirm eligibility, entrant must respond to the direct email message within forty-eight (48) hours after the direct email message is sent. If such selected entrant does not respond to the direct email message with a submission of a legible and complete copy of any additional proper evidence demonstrating eligibility to attend this event as described on the Tesla Shareholder Platform, such selected entrant may be disqualified, and Tesla reserves the right to select an alternative entrant at random.
6. Conduct. By participating in this drawing, each entrant agrees in advance, if selected, to conduct himself or herself at the event in a responsible, professional and courteous manner, free from disruptive behavior, including foul language and obscene gestures (as well as any obscene or indecent messages on signs or clothing). Each selected entrant will further comply with requests from Tesla staff regarding safety and any changes to operations and/or emergency response procedures. Any lack of adherence to this code of conduct may result in permanent disqualification from future Tesla events, as well as potential violation of local ordinances resulting in possible arrest and prosecution.
7. Governing Law. Any litigation or dispute resolution between the entrant and Tesla arising out of or relating to these Terms, will take place in the Western District of Texas, and each entrant and Tesla hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Texas, except that body of Texas law concerning conflicts of law.
8. Privacy. Each entrant applying for a chance to attend the event in-person acknowledges and understands that the entry information submitted may be stored and processed in any country in which Tesla has facilities or in which Tesla engages service providers. Those countries may not have the same data protection laws as the country in which the entrant initially provided that information. When Tesla transfers information from or about an entrant to other countries, Tesla will protect it as described in Tesla's Privacy Notice. By submitting an entry, or otherwise providing information to Tesla, each entrant consents to the transfer of information from or about such entrant to countries outside of such entrant’s country of residence, including the United States. Entrant information will not be used for marketing, and is processed and retained only for the purposes described herein, and in accordance with Tesla's Privacy Notice.