Zipcar's Project Roadway Rules
Zipcar T-Shirt Design Contest
1. NO PURCHASE NECESSARY: The Zipcar T-Shirt Design Contest (the “Contest”) is only open and offered to persons who are legal residents of the fifty (50) United States, 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”) and its Affiliates (and their immediate families—children, spouse, parents, siblings—and those living in their same households whether or not related) 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 Zipcar 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. ENTRY PERIOD: The Contest entry period begins at approximately 12:00 p.m. EST on March 6, 2013 and ends on April 30, 2013 at 11:59 p.m. EST (the “Entry Period”). Entries must be emailed to firstname.lastname@example.org and must be received by Zipcar during the Entry Period. Zipcar’s computer is the official time keeping device for the Contest.
3. CONTEST ENTRY GUIDELINES: Valid entries must include a t-shirt design that incorporates the ZipcarU logo on the front as well as the Zipcar logo on the back neck area of the t-shirt and must conform to the following specifications: designed at 200dpi minimum in vector or layered file; submitted at 72dpi at jpeg or png.
Final designs should be psd, ai, or eps. The size should be approximately 8”x10” (an “Entry”). You may use the ZipcarU logo and Zipcar logo only in your Entry in the Contest. By submitting an Entry, you acknowledge and agree that Zipcar retains all right, title and interest in and to the ZipcarU logo and Zipcar logo, and nothing contained in these Rules will be construed as conferring upon any other party, by implication, operation of law or otherwise, any license or other right to these logos.
4. SELECTION OF PARTICIPANTS: Zipcar will select up to four of Entries, in its sole discretion, as “Finalists”. Each Finalist will be notified by email at the email address from which their Entry was sent, at least three days prior to submitting such Finalist to voting, as described in paragraph 5 below. Each Finalist will be required to complete, sign and return an affidavit of eligibility and an artist agreement within 24 hours of the notification. The artist agreement will include the Finalist’s representation that they own all proprietary rights to the Entry and an assignment to Zipcar of all rights, titles and interests in and to the Entry. Upon verification of eligibility and execution of the artist agreement, Finalists will be entered into the challenge.
5. PUBLIC VOTING/CHALLENGE: Prior to 12:00 p.m. EST May 14, 2013, Zipcar will post on Facebook, at www.facebook.com/zipcaru, the Finalists. Voting will take place from approximately 12:00 p.m. EST on May 14, 2013 through 11:59 p.m. EST May 20, 2013 (the “Voting Period”), but Zipcar reserves the right to delay or modify the Voting Period by posting a notice to such effect on the website. Only votes received within the Voting Period will be counted. The Finalist that receives the highest number of votes during the Voting Period will be deemed to be the “Winner”.
Voting is open to Facebook users. Visitors to the website will be able to vote for their favorite Finalist, limit one (1) vote per day per person. Use of any means to manipulate or undermine the integrity of the voting shall result in disqualification by Zipcar 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 Finalist, creation of bogus Facebook accounts to vote or similar practices. Entrants agree to hold harmless Zipcar from any and all liability associated with posting of an Entry, including his/her express acknowledgment that (a) the Entry may not be viewable at all times, due to technological limitations/malfunctions/errors or other causes; (b) Entries 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 Zipcar’s sole discretion; and (c) Entrant will be identified in Entry as follows (First Name, Last Initial; School name), with all other aspects of the identification (such as, prominence and placement) being at Zipcar’s sole discretion.
6. PRIZE: The Winner will be notified at the email address provided to Zipcar in the Entry within 14 days following the Voting Period. The Winner will be awarded $500 cash and, more importantly, up to an hour with Brendan Stephens, Zipcar’s Creative Director, to discuss and finalize the design. The prize will be issued in the name of the Winner and is not transferable or exchangeable for cash. All expenses and costs related to acceptance of the prize are entirely the Winner’s responsibility. The Winner will be responsible for all applicable taxes (not limited to federal, state, local and/or income) on the prize. The Winner will be required to provide their social security number or tax ID for tax reporting because Zipcar will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of the prize and the Winner will be responsible for paying all applicable taxes.
7. GENERAL CONDITIONS/RELEASE: By participating, Entrants (a) fully and unconditionally agree to and accept these Rules and the decisions of Zipcar, which are final and binding in all matters related to the Contest; and (b) release Zipcar and 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 the prize constitutes permission for Zipcar to use Entrant’s t-shirt design, name, hometown, photograph, 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 Entrant will provide written consent to such use.
The Winner is subject to eligibility verification. If the Winner does not respond to the Zipcar notice of winning the prize within 14 days, or the Winner is found to be ineligible or not in compliance with these Rules, the prize will be forfeited and an alternate winner may be 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. By entering, each Entrant agrees to release and hold Zipcar, its Affiliates, 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. By submitting an Entry, each Entrant warrants that (i) he or she owns all proprietary rights, including copyrights, to the design of the Entry, and (ii) he or she assigns, grants and delivers exclusively to Zipcar all right, title
and interest in and to the Entry, and all copies and versions thereof, including all copyrights, patents, and trademarks, and renewals thereof, throughout the world. The Entrant will execute and deliver to Zipcar, or its successors and assigns, any further documentation Zipcar requests for the purpose of establishing its complete, exclusive, perpetual and worldwide ownership of all rights, titles and interests of every kind and nature, including all copyrights, patents, and trademarks in and to the Entry, and relating to the Entry. The Entrant constitutes and appoints Zipcar as his or her agent to execute and deliver any assignments or documents that the Entrant fails or refuses to execute and deliver, this power and agency being coupled with an interest and being irrevocable.
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 the 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, the Zipcar reserves the right, but shall have no obligation, to award the prize from among all 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 prizes, including such error as may give an erroneous indication that a prize has been won.
8. LIABILITY LIMITATIONS: Neither Zipcar nor its Affiliates are responsible or otherwise liable in any manner for any (i) lost, late, stolen, illegible, misdirected, non-delivered, or improperly captured Entries, (ii) lost, interrupted, or unavailable satellite, network, server, or other connection, (iii) 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 a winner from Entries already received or as otherwise deemed fair and equitable by Zipcar. 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 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.
9. FURTHER LIABILITY LIMITATIONS: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZIPCAR OR ITS AFFILIATES 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.
10. DISPUTES: Except where prohibited, Entrants agree 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 Entrants be permitted to obtain awards for, and Entrants hereby waive 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 Rules, or the rights and obligations of the entrant 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.
11. WINNER: To request the name of the Winner, mail a self-addressed stamped envelope (VT residents need not affix return postage) to: Zipcar T-Shirt Design Winner, Attn: Marketing Department, Zipcar, Inc. 25 First Street, 4th Floor, Cambridge, MA 02141.
12. OFFICIAL RULES: For a printed copy of the Rules, mail a self-addressed stamped envelope (VT residents need not affix return postage) to: Zipcar T-Shirt Design Contest Rules Attn: Marketing Department, Zipcar, Inc. 25 First Street, 4th Floor, Cambridge, MA 02141.
13. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Zipcar and not to Facebook. The information you provide will only be used by or on behalf of Zipcar.
© 2012 Zipcar, Inc. All rights reserved.