No Purchase Necessary. Void outside the Eligibility Area and Where Prohibited.

1. PROMOTION PERIOD: The Win Josh’s Truck Promotion (the “Promotion”) begins September 1, 2023 at 12:00 a.m. (all times are Eastern Time or “ET”) and ends at 11:59 p.m. ET on October 16, 2023 (the “Promotion Period”).
2. ELIGIBILITY: The Promotion is open to any legal US resident who is also a New York State resident living in Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Wyoming, Livingston, Monroe, Ontario, Orleans, Wayne, Yates, Cayuga, Cortland, Madison, Oneida, Onondaga, Oswego, Seneca and Tompkins counties (“Eligibility Area”) with a valid driver’s license and is 18 years of age or older as of date of entry (“Entrant”). Employees of each of West-Herr Ford, Inc. (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), and Sponsor’s affiliated entities that comprise the West Herr Automotive Group, and its and their respective immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not) are not eligible to participate in the Promotion. Any Entrant that does not meet any requirements set forth herein shall be disqualified from participating in the Promotion. Void outside the Eligibility Area and where prohibited by law. All federal, state and local laws and regulations apply.
3. HOW TO ENTER: During the Promotion Period, visit westherr.com (the “Website”) and follow the instructions to complete and submit the online entry form to be entered into the Promotion (“Entry”). Limit one Entry per person per day. Any attempt by any Entrant to obtain more than the stated Entry limit by using multiple/different email addresses, identities, registrations, or any other methods will void that Entrant’s Entries and that Entrant may be disqualified. By entering, each Entrant agrees that they are solely responsible for all internet access and data charges that they may incur, and that they are responsible to contact any applicable service provider for pricing plans, participation status and details regarding internet access and data or other charges. Entries will not be acknowledged or returned. The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified. Any use of robotic, repetitive, automatic, programmed or similar Entry methods or agents (including, but not limited to, sweepstakes entry services to create fraudulent email addresses, and/or identities) will void all Entries by that Entrant. In the event of a dispute as to any Entry, the authorized account holder of the email address used to enter will be deemed the Entrant. “Authorized email account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to show proof of being the authorized account holder associated with the Entry.
4. RANDOM DRAWING: The Administrator, an independent judging agency, will conduct the drawing on or about October 31, 2023 to select one (1) Grand Prize winner at random from among all Entries received during the Promotion Period.. Odds of winning the prize will depend upon the number of eligible Entries received during the Promotion Period.
5. PRIZE & APPROXIMATE RETAIL VALUE (“ARV”): The Promotion offers one (1) Grand Prize: a 2019 Ford Raptor autographed by its previous owner, Josh Allen of the Buffalo Bills, valued at $100,000. Winner may also elect to receive a Grand Prize cash alternative of $100,000 awarded as a check. Winner can select either the Ford Raptor Truck or the $100,000. Winner is solely responsible for applicable federal, state and local taxes for either prize, which if the truck is selected by the winner includes licensing, registration, title fees and pick-up costs, if any. If the Grand Prize winner selects the truck, they will be required to show proof of insurance and a valid driver’s license prior to taking possession. A 1099 tax statement will be filed with the IRS for the actual total value of the Grand Prize. Grand Prize winner will receive a 1099 form in the mail, to be processed in the year in which he or she receives the prize. Grand Prize is awarded “as is” without any warranty or guarantee, either express or implied by Sponsor except as specifically included with the truck. No substitution or transfer of prize permitted. Winner must pick up prize as specified by Sponsor.
6. GENERAL RULES: The potential winner will be contacted via email and/or U.S. Mail and phone and will be required to complete and return via email link a Declaration of Eligibility, Liability & Publicity Release (where lawful) (“Declaration”) and will be required to complete, and sign the Declaration via email within, within three (3) days of notification attempt or Grand Prize may be forfeited and an alternate winner may be selected. Noncompliance with these requirements, requests or the specified time period will result in disqualification without further notice and another winner will be selected in the place of the disqualified person. Return of Grand Prize or Grand Prize notification as undeliverable may result in disqualification and alternate selection (in accordance with these Official Rules). Sponsor reserves the right to perform a background check, internet, and/or social media review on the potential winner, who agrees to provide any verification or authorizations necessary in connection with background check. Sponsor will have the right, in its sole discretion, to disqualify the potential winner if the background check, internet, and/or social media review on such person reveals conduct, information or history that, in Sponsor’s determination, may be harmful to Sponsor or Sponsor’s image or reputation or with which Sponsor does not wish to be associated. Grand Prize winner and all Entrants, as a condition of Entry into the Promotion and/or acceptance of/participation in prize, agree to release and hold harmless the Sponsor and Administrator from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Promotion, the receipt, ownership or use of prize awarded, or any typographical or other error in these Official Rules or the announcement or offering of prize. Winner assumes all liability for any injury or damage caused, or claimed to be caused by participation in the Promotion or use or redemption of prize. Acceptance of prize constitutes permission for Sponsor to use each winner’s name, likeness, Entry, as applicable, for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Promotion; violates the Official Rules; gains unauthorized access to accounts; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Sponsor is not responsible for technical, hardware or software malfunctions, for errors that may occur in Promotion/ad materials, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Promotion which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Promotion. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel or terminate the Promotion if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In the event of cancellation, the prize will be awarded via random drawing from among all eligible Entries received during the Promotion Period prior to cancellation. Subject to all federal, state and local laws. As a condition of entering the Promotion, Entrant agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Promotion, or prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Entrant be entitled to receive attorneys’ fees or other legal costs. In no event will more than the stated one (1) prize be awarded.
7. ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, Entrants agree that (1) any and all disputes and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and Entrant further waives all rights to have damages multiplied or increased.
8. CHOICE OF LAW: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN ERIE COUNTY, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE ANY DISPUTE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO CLASS ACTION.
9. PRIVACY: Any personally identifiable information that Entrant provides in connection with the Promotion will be collected by Sponsor and Administrator and used by it and its agents solely for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and will not be shared with any third party as stated in Sponsor’s Privacy Policy. By entering this Promotion, Entrants agree to and accept that privacy policy.
10. WINNER ANNOUNCEMENT: To receive an announcement of the winner, send an email to [email protected] with Win Josh’s Truck Promotion as the subject line. Winner announcement will be sent after October 31, 2023.
11. SPONSOR/ADMINISTRATOR: The Sponsor of this Promotion is West-Herr Ford, Inc., 3448 McKinley Parkway, Blasdell, NY 14219. The Administrator of this Promotion is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.