By accessing the Website you agree to be bound by the terms and conditions promulgated in the following User Agreement (the “Agreement”). Furthermore, activities such as downloading content from, uploading content to, or registering for a service or contest provided on the Website constitutes a legally binding agreement between you and MB COTTON ENTERPRISES, LLC.
This contest is open to all Car Salespeople employed at a “Franchised Car Dealership” located in the State of Alabama. Participants must be 19 years or older as of the date of entry. In order to qualify, the Participant must register as a User and follow contest instructions on the LOT FOX LEADER Website on or before the day designated by the contest “Rules”. LOT FOX LEADER is open to legal residents of the United States, and is void where prohibited by law. Employees and owners of MD COTTON ENTERPRISES, LLC, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Affiliates”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in LOT FOX LEADER. The contest is subject to all applicable federal, state, and local laws and regulations.
Participants must register as a User of the LOT FOX LEADER Website by submitting the required information provided on the registration page of the Website. Furthermore, Participants may be required to submit an additional entry form for each contest for which he or she plans to enter. The Participant must complete all required entries and pay the applicable entry fee by the time indicated in the Rules of the particular contest in order to win a contest prize. Entries that are incomplete or do not adhere to the Rules or specifications may be disqualified at the sole discretion of MB COTTON ENTERPRISES, LLC.
There shall be only one User registration per person and the use of alter-egos, other identities, or aliases in an attempt to register more than once in the furtherance of an attempt to gain a competitive advantage is strictly prohibited. Any attempt to circumvent the terms and conditions of this Agreement or the Rules of a contest offered by MB COTTON ENTERPRISES, LLC, in addition to any other remedies available at law or in equity, may result in disqualification from a contest at the sole discretion or MB COTTON ENTERPRISES, LLC.
By registering as a User, you understand and agree that MB COTTON ENTERPRISES, LLC, anyone acting on behalf of MB COTTON ENTERPRISES, LLC, and MB COTTON ENTERPRISES, LLC’ 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 MB COTTON ENTERPRISES, LLC and its contests offered on the LOT FOX LEADER Website, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MD COTTON ENTERPRISES, LLC, ITS PARENT OR SUBSIDIARY COMPANIES THE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY AND RELATED ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR DAMAGES OF ANY SORT, INCLUDING BUT NOT LIMITED TO PUNITIVE, COMPENSATORY, DIRECT, INDIRECT, OR ECONOMIC, STEMMING FROM THE USE OF THE WEBSITE, YOUR PARTICIPATION IN A LOT FOX LEADER CONTEST, ACTIONS TAKEN BY THIRD PARTIES WITH RESPECT TO INTELLECTUAL PROPERTY; AND TECHNICAL PROBLEMS WITH THE WEBSITE. YOU FURTHER AGREE THAT ANY DAMAGES YOU CLAIM ARE NOT IRREPARABLE AND THAT YOU ARE NOT ENTITLED TO AN INJUNCTION WITH RESPECT TO THE CLAIMS STEMMING FROM YOUR USE OF THE WEBSITE. SHOULD THE JURISDICTION INTERPRETING THIS CONTRACT CONCLUDE THAT THE ABOVE LIMITATIONS DO NOT APPLY, YOU AGREE THAT IN NO CASE SHALL THE COMPANY AND RELATED ENTITIES AND INDIVIDUAL’S DAMAGES EXCEED ONE HUNDRED DOLLARS ($100).
This Agreement shall be construed in accordance with the laws of the State of Alabama. Furthermore any and all claims and controversies shall be subject to binding arbitration before an arbitrator chosen by MB COTTON ENTERPRISES, LLC. By accessing the Website, you agree to waive your rights to trial by jury in any law suit stemming from any claim from your use of the Website.
In the event that a controversy arises resulting in a legal proceeding either in a State or Federal Court or through arbitration, the prevailing party shall be entitled to reasonable attorneys’ fees, court costs, and other expenses incurred during the dispute resolution process.
The contests offered through the LOT FOX LEADER website are contests of skill. An individual wins the contest by using his or her skills and knowledge as a car salesperson to sell the most automobiles over the applicable period of time as stipulated by the Rules.
Participants acknowledge that certain Franchised Car Dealerships may have more customers than others in any given month, thus increasing the opportunity for sale at those dealerships. Participants further acknowledge that the fact that there may be more opportunities for sales at those dealerships having more customers in any given month in no way eliminates or mitigates this contests as one of skill rather than chance. Participants stipulate that by choosing to enter a contest that he or she is aware of the risks that its employer may have less customers in any given month than other Franchised Car Dealerships, but that this in no way converts this contest into a lottery, sweepstakes or other game in which the element of chance predominates over the element of skill.
The applicable fees for each contest offered by LOT FOX LEADER is listed in the contest Rules. Fees are non-refundable once the contest period has begun.
By accessing the Website or registering as a User, you agree to indemnify and hold harmless, MB COTTON ENTERPRISES, LLC, its parent and subsidiary companies, agents, employees, and the officers, directors and shareholders/members from any liability including but not limited to injuries, damages, losses of property which may have been sustained in connection with participation in a LOT FOX LEADER contest. Furthermore, MB COTTON ENTERPRISES, LLC may require a User to execute a release of claim as a condition of being awarded any prize.
At the sole discretion of MB COTTON ENTERPRISES, LLC, a User may be disqualified from use and be denied a prize for any of the following prohibited activities:
You are further prohibited from harassing or abusing other Users including but not limited to intimidation or threatening language. Likewise, you agree not to impersonate other Users or publish content that is defamatory, offensive, pornographic, or otherwise violates any law or the rights of any third party. Moreover, Users shall not submit comments linking to marketing schemes or other off-topic content. It shall be a violation of this Agreement to post, transmit, or otherwise cause damage through viruses or other programs designed to interrupt, destroy or limit the functionality of any computer, software, or hardware device. Users are prohibited from advertising products or services to other Users without prior consent. Any violation of the conditions or other terms of this Agreement may result in the termination of your user account and the forfeiture of any prizes.
ATTEMPTS BY USERS OR OTHER PERSONS TO INTENTIONALLY UNDERMINE, CRIPPLE, OR HARM THE WEBSITE OR ITS OPERATION OF ANY CONTEST IS UNLAWFUL AND MB COTTON ENTERPRISES, LLC RESERVES THE RIGHT TO SEEK CIVIL, CRIMINAL AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Users may be required to provide additional information to MB COTTON ENTERPRISES, LLC prior to a prize being awarded. This requirement ensures that all eligibility requirements are met and may be used to verify the identity of the User.
Title and ownership of all trade names, trademarks, copyrights, processes, methods, source code, Website content is vested in MB COTTON ENTERPRISES, LLC and is protected by state and federal intellectual property laws. You agree not to copy, distribute, display or derive content from the Website.
Notwithstanding the foregoing, provided you are in compliance with this Agreement, MB COTTON ENTERPRISES, LLC grants a limited and non-exclusive license to download applications, documents or other files provided on the LOT FOX LEADER Website for personal use.
Prizes will only be awarded if a contest is offered. MB COTTON ENTERPRISES, LLC reserves the right to cancel a scheduled contest at any time and for any reason. In the event that a contest is cancelled, User entry fees will be refunded.
Prizes winners will be notified no later than 4:00 p.m. Central on the day after the contest ends. In the event of a tie, the prize will be awarded to the user who entered the contest earliest.
Prize Payouts to contest winners will be processed and issued within fifteen (15) days from the time of notification or User verification in the event that MB COTTON ENTERPRISES, LLC requires additional information to verify eligibility. In addition to other methods, MB COTTON ENTERPRISES, LLC reserves the right to require contest winners to aver by affidavit that he or she meets the eligibility requirements and is otherwise in compliance with this Agreement and contest Rules. Should a winner fail to provide the affidavit in the time specified by MB COTTON ENTERPRISES, LLC at the time of request, MB COTTON ENTERPRISES, LLC reserves the right to withhold payouts, disqualify the User, and suspend or revoke the User’s Website and contest participation privileges.
Prize Payouts may be taxable. MB COTTON ENTERPRISES, LLC is not responsible for taxes on prize payouts which are the sole responsibility of the winners.
MB COTTON ENTERPRISES, LLC, ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. MB COTTON ENTERPRISES, LLC MAKES NO WARRANTIES THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MB COTTON ENTERPRISES, LLC DOES NOT WARRANT THAT USER ACTIVITIES WITH RESPECT TO THE WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, MB COTTON ENTERPRISES, LLC SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, MD COTTON ENTERPRISES, LLC AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
MB COTTON ENTERPRISES, LLC, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
LOT FOX LEADER offers two contest models. Model one will pay out in cash prizes an amount equal to 70% of all entry fees collected to the salesperson with the most automobile sales within the applicable contest period. Model two will pay out in cash prizes an amount equal to 85% of all entry fees collected to the salesperson with the most automobile sales within the applicable contest period.
LOT FOX LEADER offers three Model one contests: a month long contest, a first half contest, and a second half contest.
LOT FOX LEADER will offer its Model one month long contest in any month in which there are at least 20 contestants. There is an entry fee of $50.00 per contestant. Contestants will be automatically entered into the next month’s contest unless they specifically opt out or fail to pay the entry fee. Prizes will be awarded five days after the end of the month. Sales must be updated within three days of the sale taking place. The payout amounts will be set on the night before the contest begins.
LOT FOX LEADER will offer its Model one First half of the month contest in any month in which there are at least 20 contestants. There is an entry fee of $25.00 per contestant. Contestants will be automatically entered into the next First half of the month contest unless they specifically opt out or fail to pay the entry fee. Prizes will be awarded five days after the 15th of each month. Sales must be updated within three days of the sale taking place. The payout amounts will be set on the night before the contest begins.
LOT FOX LEADER will offer its Model one Second half of the month contest in any month in which there are at least 20 contestants. There is an entry fee of $25.00 per contestant. Contestants will be automatically entered into the next Second half of the month contest unless they specifically opt out or fail to pay the entry fee. Prizes will be awarded five days after the last day of each month. Sales must be updated within three days of the sale taking place. The payout amounts will be set on the night before the contest begins.
Includes employees and owners of MB COTTON ENTERPRISES, LLC and the LOT FOX LEADER brand, volunteers, subsidiaries, advertising and promotion agencies, immediate family members and/or those living in the same household of Employees, and contracted parties who in anyway assist in the design, promotion, or advertising of the LOT FOX LEADER Website or brand.
All new or used cars, trucks, passenger vans, sports utility vehicles, or crossovers, but specifically excludes golf carts, motorcycles, all terrain vehicles, recreational vehicles or other vehicles sold by a dealership that are not “street legal” on all highways in the State of Alabama.
A human individual engaged in the business of selling automobiles at a licensed Franchised Car Dealership in the State of Alabama.
Car Dealerships which have a contract with an automobile manufacturer or multiple automobile manufacturers to sell products of the manufacturer(s).
Intellectual Property shall mean any patents, trademarks, copyrights, inventions, software, business methods, discoveries, designs, developments, modifications, improvements, algorithms, formulas, graphics, images, or trade-secrets.
Includes all persons or entities accessing the LOT FOX LEADER Website and those registering as a user on the Website.
Refers to the official contest rules for the various contests offered on the LOT FOX LEADER Website.
Any agreement between a customer and a dealership which results in ownership or possession being transferred to the customer for at least a period of 24 months.
Any Participant that registers as a “user” on the LOT FOX LEADER website.
Website shall mean the LOT FOX LEADER website located at the url (www.lotfoxleader.com) and any and all sub-pages linked to the main site.