RULES FOR ZIPCAR’S WIN AT CITY LIVING PROMOTION
By participating in the Win At City Living promotion (the “Promotion”), each contestant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Zipcar, Inc. (“Sponsor”), which shall be final and binding in all respects. Sponsor is responsible for overall administration of the Promotion. Contestants should look solely to Sponsor with any questions, comments or problems related to the Promotion.
ELIGIBILITY: The Promotion is only open to legal residents of the 50 United States and the District of Columbia, and Canada, age 18 or older at time of entry. Entry into the Promotion is open to both members and non-members of Zipcar; purchase of a Zipcar membership is not necessary to enter the Promotion and a purchase will not improve the ability of a Contestant to win. Employees of Sponsor and its parent companies, affiliates, subsidiaries, and related companies, agencies, and the judging panel and immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the same household, whether or not related, are not eligible to enter or win. Void in Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law.
Contestant’s remarks and actions (i) shall not be disparaging to Sponsor and must be in keeping with the Sponsor’s image (as Sponsor determines in its sole discretion), (ii) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, or otherwise unlawful, (iii) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, (iv) may not violate or encourage others to violate any law, statute, ordinance or regulation, (v) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property right or any other third party right, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement, (vi) may not contain commercial or corporate advertising, including display of corporate logos, brand names and slogans, other than those relating to Sponsor. Contestant shall not be under the influence of alcohol or illicit drugs.
TIMING: The Promotion begins October 25th and ends on October 26th
INITIAL SELECTION OF CONTESTANTS: Potential contestants will be selected from the public audience attending the Promotion by the Sponsor, whose decision is final. Potential contestants will first be required to execute an Affidavit of Eligibility, Liability Release And Publicity Release and provide a U.S. state-issued driver’s license or ID card to confirm eligibility. Completion of these documents does not guarantee participation in the Win at City Living Promotion. Upon review and verification of these documents, the Sponsor may select the potential Contestant to participate in the Promotion. Contestants will be limited to a single Round (as defined below) and will be awarded only one (1) Prize during the Promotion.
DESCRIPTION OF ROUNDS
1. General. Upon being selected as a contestant, the selected individual (the “Contestant”) joins the Promotion host (the “Host”) inside the Win at City Living truck. During each round of the Promotion (the “Round”), the Contestant will be directed by the Host to choose one case from the wall displaying five cases. Each case contains an insert with a prize listed on it. The Host may offer the Contestant an opportunity to trade their case. These offers may include the chance to trade the case they have selected in exchange for a) another case offered by the Host or b) a ‘Wildcard’ prize explicitly stated by the Host. If the Contestant accepts a trade, the offer is final and they are no longer entitled to the prize in their original case, which may eventually be revealed to the audience. The amount of time that the Contestant will have to consider a trade is entirely at the discretion of the Host and the Sponsor.
2. Opening Cases. The cases are opened according to the following system:
a. The Contestant makes their case selection. The contents of the case are not immediately revealed.
b. One of the other cases is then opened to reveal a prize.
c. The Host may make one or more offers to the Contestant. These offers are entirely at the discretion of the Sponsor and may be executed in any sequence and frequency, at the sole discretion of the Sponsor.
a. The Host may choose to offer the Contestant the chance to trade their original case for an unopened case designated by the Host (a “Mystery Trade”). The Host will clearly indicate which case the Contestant would have the ability to perform a Mystery Trade. If the Contestant accepts a Mystery Trade, they will indicate their acceptance by stating “Let’s Zip!”. If the Contestant accepts a Mystery Trade, the trade will be considered final and they are no longer entitled to the prize in their original case. It is at the discretion of the Host as to whether the original case is revealed in this instance.
b. The Host may have the option to open one or more cases to reveal a prize. The Host may then choose to offer the Contestant the option to trade their case for one of the cases that has been opened (a “Visible Trade”). The Host will clearly indicate which case the Contestant would have the ability to perform a Visible Trade. If the Contestant accepts the Visible Trade offered by the Host, they will indicate their acceptance by stating “Let’s Zip!” If the Contestant accepts a Visible Trade, the offer is final and they are no longer entitled to the prize in their original case. It is at the discretion of the Host as to whether the original case is revealed in this instance.
c. The Host may have the option to offer the Contestant a prize that is not inside any of the cases on display during that Round (a “Wildcard Offer”). The Host would present the Wildcard Offer prize to the Contestant in exchange for the Contestant’s original case. If the Contestant accepts the Wild Card Offer, they will indicate their acceptance by stating “Let’s Zip!”. If the Contestant accepts a Wildcard Trade, the offer is final and they are no longer entitled to the prize in their original case. It is at the discretion of the Host as to whether the original case is revealed in this instance.
4. Opening Cases.
a. If the Sponsor and Host do not elect to Offer the Contestant a Mystery Trade, a Visible Trade or a Wild Card Offer, the Host would proceed to open one or more cases to reveal prizes that the Contestant did not win. The prizes contained in the unopened cases may remain unopened and untouched and may be used in future Rounds of the Promotion.
b. If the Contestant opens their selected case before the Host directs them to do so, the Round will halt immediately, the Contestant will be eliminated and the Round will be declared null and void. The Contestant will not be eligible to take part in any further Rounds.
c. If a case is opened by anyone else (except the Host or the Contestant), when not instructed to do so, and a prize is revealed, then, at the discretion of the Sponsor, the Contestant may be offered a chance to continue playing the Round. If the Contestant chooses to continue, the Round will restart with all new cases, including both the one opened accidentally and the Contestant's own case.
FRAUD: In the event of fraud or dishonesty (including any form of cheating or collusion) on the part of any Contestant, or if it is discovered that a Contestant was not eligible, the Sponsor may refuse to issue prizes won or require that all prizes awarded to the be returned immediately.
PRIZES: Prizes will differ in value from $599 to $1.00. A list of possible prizes will be available at each Promotion location. Taxes on prize, if any, are solely the responsibility of the winner. We recommend that you consult with your tax advisor if you have further questions. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion, unless such substitution is prohibited by law. Sponsor may disqualify a winner and select an alternate winner if any prize is returned undeliverable. Prizes are non-transferable. Sponsor need not substitute a prize based on the winner’s request.
Receiving a prize is contingent upon compliance with these Official Rules. Each Contestant will be required to provide contact information and sign and return a claim form) to Sponsor following participation in the Promotion in order to claim the prize. Depending on the type of prize won, Contestant may be required to sign and return additional forms Sponsor in order to claim the prize. If a Contestant fails to sign and complete any of these forms or provide any other requested information, Contestant will forfeit the prize. Some of the prizes will be fulfilled on-site at the time of the Promotion, at the sole discretion of the Sponsor. Other prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion.
Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion, unless such substitution is prohibited by law. Sponsor may disqualify a winner and select an alternate winner if any prize is returned undeliverable. Prizes are non-transferable. Sponsor need not substitute a prize based on the winner’s request.
GRANT OF RIGHTS: By participating in the Promotion, Contestant (i) waives any and all rights in and to its appearance or likeness in connection with this Promotion; (ii) grants, transfers and conveys to Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license and the absolute right to edit, reproduce, modify, publish, exploit, create derivative works from, display in whole or in part, and use his or her voice, actions, likeness, name, appearance, biographical material, written works, and all other information or materials that Contestant has provided or may provide in connection with this Promotion, and the right to secure copyright registrations thereto in perpetuity, including, without limitation, the right to use the Entry, in whole or in part, for any and all purposes and in any form, media or technology, now known or hereafter devised, and in any manner including for promotional, marketing and commercial purposes, without further approval, permission or consideration, throughout the universe in perpetuity without additional compensation, notification or permission. Sponsor is under no obligation to do so.
Acceptance of any prize shall constitute and signify Contestant’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, and/or prize information in connection with the Promotion for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
LIMITATIONS ON LIABILITY: Sponsor and its respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, employees, and agents are not responsible for: human errors; technical malfunctions; failures, omissions, interruptions, deletions, or defects of any computer system, equipment, or software associated with the Promotion; any injury or damage to Contestant or any other person; or any combination thereof.
INDEMNITY: Contestant shall indemnify and defend Sponsor its parent companies, each of Sponsor’s advertising agencies, and the officers, directors, employees, and agents of all of the foregoing and the successors and assigns of each of them, from and against actions, claims, damages, liabilities, costs and expenses, including reasonable counsel fees related to (i) Contestant’s participation in the Promotion, (ii) Contestant’s use of any prize, or (iii) any intentional misconduct or negligence by Contestant in connection with this Promotion.
RELEASES: As a condition of participating in the Promotion, Contestants release Sponsor and its parent, subsidiaries, agencies, divisions and affiliates from liability, for loss, harm, damage, injury, cost or expense whatsoever including property damage, personal injury and death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or possession, acceptance or use of prize or participation in any Promotion-related activities and claims based on publicity rights, copyright or trademark infringement, defamation or invasion of privacy and merchandise delivery.
GENERAL CONDITIONS: Potential winning Contestants are subject to Sponsor’s verification. Sponsor’s decisions are final and binding in all matters related to the Promotion. Potential winners must comply with the Official Rules, and receipt of prizes is contingent upon fulfilling all requirements. Sponsor is not responsible for any events that may limit a Contestant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence. Sponsor has the sole discretion to modify, cancel or suspend this Promotion should fraud or other causes beyond Sponsor’s control affect the administration, security or proper operation of the Promotion, or if Sponsor otherwise becomes incapable of running the Promotion as planned, as determined by Sponsor in its sole discretion. Sponsor has the sole discretion to disqualify Contestants who violate these Official Rules, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other Contestant.