ford/Zipcar challenge: official rules
Ford Zipcar Challenge OFFICIAL RULES
1. NO PURCHASE NECESSARY: The Ford Zipcar Challenge (“Contest”) is only open and offered to persons who are legal residents of the fifty (50) United States and the District of Columbia and Canada who are at least 18 years of age or older at the time of entry. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. Employees, officers, directors and agents of Zipcar, Inc. (“Zipcar”),its Affiliates (and their immediate families—children, spouse, parents, siblings—and those living in their same households whether or not related) and The Ford Motor Company (“Ford”) are not eligible; “Affiliates” includes all entities associated with Zipcar for purposes of this Contest. By participating, each entrant (“Entrant”) agrees to be bound by these Official Rules (the “Rules”) and the decisions of the judges, if applicable, which are final and binding in all respects. Winning a prize is contingent upon fulfilling all requirements set forth herein. A purchase will not improve the ability of an Entrant to win.
2. CONTEST PROMOTION PERIOD: The Contest Promotion Period begins at 12:00:01 PM ET on 2/9/12 and ends at 11:59:59 a.m. ET on 2/15/12(the “Promotion Period”). Entries must be received and recorded on the www.facebook.com/zipcar application tab during the Promotion Period. Zipcar’s computer is the official time keeping device for the Contest.
3. CONTEST ENTRY GUIDELINES: Three (3) individuals (“Participants”) will be selected by Ford (“Sponsor”), in its sole discretion, to participate in the Ford Zipcar Challenge from among all individuals who registered for the Zipcar test drive event at the University of Wisconsin campus on 12/21/11. Selected Participants will be notified by telephone (at the number provided during the Event) on 12/21/11 and will be required to complete, sign and return an Affidavit of Eligibility form within 24 hours. Upon verification of eligibility, Participants will be entered into the Challenge and be eligible to participate in a trip for two (2) to attend the Rose Bowl Game presented by VIZIO in Pasadena, CA (1/2/12) and the opportunity to win the Challenge Grand Prize (details for prizes listed below).
THREE (3) PARTICIPANT TRIPS: Each of three selected Participants will receive a trip for two (2) to attend the Rose Bowl Game presented by VIZIO in Pasadena, CA (1/2/12). Each trip consists of round-trip, coach air travel for two (2) originating from and concluding at the Sponsor-selected commercial airport near Madison, WI; two (2) nights’ hotel accommodations (room and tax only, based on double occupancy); local ground transportation (between airport, hotel and game); two (2) tickets to the Rose Bowl; and a Flip video camera. Approximate Retail Value (“ARV”) of each trip is $4,500. All travelers must possess required travel documents (e.g., valid photo ID) prior to departure. Participants and their guests will be required to sign liability release and, where permitted by law, a publicity release (“Release”) prior to issuance of travel documents. Travel guests must be at least 18 years of age. Travel is subject to availability, and certain blackout dates may apply. If a selected Participant is unable or unwilling to travel on the dates specified, the entire trip will be forfeited and awarded to an alternate. All expenses and costs related to acceptance of the trip not expressly listed above, including, but not limited to, meals, beverages, taxes and gratuities, are entirely the Participant’s responsibility. Hotel accommodations are standard room/double occupancy. Participants and their guests must travel on the same itinerary and on the dates and times specified by Sponsor or opportunity will be forfeited and awarded, where practical, to an alternate. Multiple guests/travel companions or variations to any set itinerary on any trip will not be managed by Sponsor and any additional cost for any such changes will be the sole responsibility of the winner. No refund or compensation will be made in the event of the cancellation or delay of any flight. Sponsor is not responsible if the Game is delayed, postponed or cancelled for any reason, in which event that portion of trip is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Trip will be issued in the name of the Participants and is not transferable or exchangeable for cash; however, Sponsor reserves the right to substitute a trip of comparable or greater value due to unavailability. No substitution or transfer of trip by Participant is permitted. Participants will be responsible for all applicable taxes (not limited to federal, state, local and/or income) on all aspects of their trip. Participants will be required to provide their Social Security number or tax ID for tax reporting as Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of trip and the Participant will be responsible for paying all applicable taxes.
VIDEO CHALLENGE: The Participants will be required to participate in a Video Challenge (“Challenge”) which will result in the determination of one (1) Grand Prize Winner. During each of the Participant Trips, each Participant will be required to shoot video footage (on the video camera provided by the Sponsor). At the conclusion of the trip, each Finalist must edit down their respective footage in order to provide Sponsor with an Entry Video no longer than four (4) minutes in running time. Video requirements, restrictions, suggested content, etc. will be provided separately by Sponsor. Final Entry Videos must be submitted to Sponsor no later than 5:00 PM CT on 2/8/12.
PUBLIC VOTING/CONTEST: The video footage from each Participant will be edited by the Sponsor film team/editor to produce a final video – not exceeding one-hundred twenty (120) seconds - of each Participant’s trip experience (“Video”). Sponsor editors will produce the final Video for each Participant using the same quality control standards with the objective of no Participant gaining an unfair advantage. On or about 2/9/12 , Videos will be posted at www.facebook.com/zipcaru for public voting. Voting will take place from 2/9/12 at 12:00 PM (noon) ET through 2/15/12 at 11:59 PM ET (Voting Period); but, Sponsor reserves the right to delay the Voting Period by posting a notice to such effect on the Website.
Visitors to the Website will be able to vote for their favorite Video. Limit one (1) vote per day per person or email address. Use of any means to manipulate or undermine the integrity of the voting shall result in disqualification by Sponsor in its sole discretion. Manipulation of the voting includes but is not limited to the offer of any compensation, award or other benefit in exchange for voting or not voting for a given Video, creation of bogus Facebook accounts to vote or similar practices. Participants agrees to hold harmless Sponsor, Zipcar and its Affilaites from any and all liability associated with posting of Video, including his/her express acknowledgment that (a) the Video may not be viewable at all times, due to technological limitations/malfunctions/errors or other causes; (b) Videos may be displayed on the Website in any pattern, sequence or format, and such pattern/sequence/format may or may not be rotated or varied, in Sponsor’s sole discretion; and (c) Participant will be identified in Video as follows (First Name, Last Initial; City/State), with all other aspects of the identification (such as, prominence and placement) being at Sponsor’s sole discretion. Without limiting the foregoing, Participant releases and agrees to hold harmless Sponsor from any and all liability in conjunction with the quality of the Video created by the Sponsor editors in and of itself and as compared to other Videos.
GENERAL CONDITIONS/RELEASE: By participating, Registrants (a) fully and unconditionally agree to and accept these Official Rules and the decisions of the Sponsor, Zipcar and its Affiliates, which are final and binding in all matters related to the Contest; and (b) release Sponsor, Zipcar, Facebook, Inc., their respective directors, officers, agents and employees from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation, including the unauthorized or illegal access to personally identifiable or sensitive information. Except where prohibited by law, acceptance of prize constitutes permission for Sponsor and Zipcar to use Participant’s name, hometown, likeness, statements and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without additional prize, incentive, consideration, consent or review; and, upon request, each Participant will provide written consent to such use. Such permission includes the Participant’s express agreement to Sponsor’s recordation in audio, video and electronic formats of their participation in the Event; such recordation will not be provided to the Participant for their pre-approval or review and may be effected via hidden cameras or otherwise without prior notice to Participants. Such recorded material may or may not, in the sole discretion of the Sponsor film team/editor, be included in the Video of Participant’s test drive experience, as discussed below. For the avoidance of doubt, all editorial decisions involved in making the Video are those of Sponsor film team/editor alone and Participant (nor any other participant in test drive at Participant’s suggestion) will have any input as to the content of the Video. If the Event is cancelled or postponed for any reason, a notice to such effect will be posted on the Website and the Grand Prize will be awarded in a random drawing from among the Participants.
4. VOTING PERIOD: All eligible Entries will be posted on the Ford Zipcar Challenge application tab located on Zipcar’s Facebook page during the Voting Period. The “Voting Period” will be open to Facebook users and begins at 12:00:01 p.m. Eastern Time (“ET”) on 2/9/12-and ends at 11:59:59 a.m. ET on 2/15/12 . Only votes received within the Voting Period will be counted. The entry that receives the highest number of votes will be deemed to be the contest winner.
5. CONTEST PRIZES: One (1) Grand Prize: Five Hundred dollars ($500) in Zipcertificates (ARV $500); Two (2) Runner Up Prizes: Twenty-five dollars ($25) in Zipcertificates (ARV $25). Zipcertificates subject to terms and conditions of Zipcar (www.zipcar.com/gift/rules). No prize substitutions or cash equivalent of prize is permitted.
GRAND PRIZE WINNER DETERMINATION: At the conclusion of the Voting Period, the Grand Prize winner will be determined by the highest total number of eligible votes received. Odds of winning the Grand Prize depend on the popularity of the Video produced for that Participant as compared to the popularity of Videos produced for other Participants. In the event of a tie, the winner will be selected in a random drawing from among those Participants involved in the tie, subject to Sponsor discretion.
The winner will be notified at the email address provided to Zipcar within fourteen (14) days following the Voting Period. The driving credit prize will be deposited in the winner’s account and the gift cards will be mailed within thirty (30) days following their eligibility verification.
6. GENERAL CONDITIONS: The winners are subject to eligibility verification. If winner(s) do not respond to the Zipcar notice within fourteen (14) days of notification, or the winner(s) are found to be ineligible or not in compliance with these Official Rules, the prize will be forfeited and an alternate winner(s) selected from the remaining Finalists, as determined in the sole discretion of Zipcar. In the event that a minor (under applicable state law) wins a prize, it will be awarded in the name of a parent or legal guardian who must sign and return all required documentation. Zipcar reserves the right to award a prize to the parent or legal guardian of a winner who is a minor under applicable state law as determined in Zipcar’s sole discretion. Unclaimed prizes will not be awarded. If any prize notification is returned as undeliverable, Prize will be forfeited and an alternate winner(s) selected. No more than the stated prizes will be awarded. By entering, each Entrant agrees to release and hold Zipcar, its Affiliates, Sponsor and their respective officers, directors, employees, representatives, contractors, and agents of each such entity harmless from any and all liability whatsoever for any injury, loss, or damage of any kind to any person or property resulting from (i) acceptance, possession, or use of any prize, (ii) participation in this Contest or any Contest-related activities, or (iii) use of the entry in any manner. Except where legally prohibited, the winners grant (and will confirm that grant in writing) permission to Zipcar and its Affiliates, exercised in their sole discretion, the right to use the winners’ names, pictures, likeness, voices, biographical information, and Entries (whether altered, changed, modified, edited, used alone, or used with other works) at any time, in any form, in any media, without compensation of any kind and without notice, review, or approval. All applicable taxes, whether federal, state, local, or otherwise, are solely the winners’ responsibility. By submitting an entry, each Entrant warrants that (i) the entry does not violate any law or regulation or any right of any third party, including those laws, regulations, and rights related to copyrights, trademarks, publicity, or privacy, and (ii) the Entrant has followed the Rules and has the right to grant the rights to a content as provided in these Rules.
Further, by submitting an entry, the Entrant grants permission for Sponsor, Zipcar and its Affiliates to publish, post, display, and otherwise use the entry in any form, in any manner, and in any media deemed appropriate by Sponsor, Zipcar or its Affiliate, without compensation of any kind to Entrant. In the event Zipcar is prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within Zipcar’s control (each a “Force Majeure” event) Zipcar shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. If Zipcar, in their discretion, elects to abbreviate, cancel or terminate the Contest as a result of a Force Majeure event, Zipcar reserves the right, but shall have no obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event. Zipcar reserves the right to correct typographic, clerical or printing errors in any Contest materials. Zipcar is not responsible for any typographical or other error in the printing of this Contest, the administration of the Contest or in the announcement of the prize, including such error as may give an erroneous indication that a prize has been won.
7. LIABILITY LIMITATIONS:
Neither Zipcar, its Affiliates nor Sponsor are responsible or otherwise liable in any manner for any (i) lost, late, stolen, illegible, misdirected, non-delivered, or improperly captured entry, (ii) lost, interrupted, or unavailable satellite, network, server, or other connection, (iii) accessibility or traffic congestion, miscommunication, or failed computer, network, telephone, satellite, cable, transmission line, or communication line, (iv) technical failure, malfunction, or
difficulty, whether related to software or hardware, (v) jumbled, scrambled, delayed, or misdirected transmission, (vi) incorrect, incomplete, or inaccurate information, (vii) unauthorized access to, tampering with, or hacking into any website or electronic device, or (viii) other error, omission, interruption, deletion, defect, or delay of any kind whether human, mechanical, electronic or network. Zipcar may, at its sole discretion, disqualify any individual who tampers with any entry or with the operation of the Contest, who acts in violation of these Rules
or otherwise in a non-sportsmanlike or disruptive manner, or who displays any intent to threaten, abuse or harass any other person. Votes generated by a robotic, programmed, script, macro or other automated means will be disqualified. If, for any reason, the Contest is affected by any computer virus, worm, bug, tampering, hacking, unauthorized intervention, fraud, technical failure or other cause which, in the sole opinion of Zipcar, corrupts or otherwise affects the administration, security, fairness, integrity or proper conduct of this Contest, Zipcar may in its sole discretion cancel, terminate, modify, or suspend the Contest, and determine winner(s) from Entries already received or as otherwise deemed fair and equitable by Sponsor. Any attempt by any person to deliberately undermine the legitimate operation of the
Contest may be a violation of criminal and civil law, and, should such an attempt be made, Zipcar reserves the right to seek damages from any such person to the fullest extent permitted by law. Zipcar’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute regarding Entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of the entry used to enter will be deemed to be the Entrant and must comply with these Rules. Authorized account subscriber is the natural person who is assigned to the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
8. FURTHER LIABILITY LIMITATIONS: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZIPCAR, ITS AFFILIATES OR SPONSOR BE
RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE CONTEST, INCLUDING ANY ACCESS TO OR USE OF THE WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
9. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in the Commonwealth of Massachusetts; (2) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant
hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Sponsor and Zipcar in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
10. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Zipcar and Sponsor and not to Facebook. The information you provide will only be used by or on behalf of Zipcar and Sponsor.
SPONSOR: Ford Motor Company, One American Road, Dearborn, Michigan 48126.
© 2011 Zipcar, Inc. All rights reserved.