By participating in a Twitter Giveaway (a "Promotion") promoted by Zipcar, Inc. (“Zipcar”) you agree to these Official Twitter Giveaway Rules, which are a contract, so read them carefully before participating. Without limitation, this contract includes indemnities to the released parties from you and a limitation of your rights and remedies. The contract will refer to you as "you" or "Participant".
The details and requirements for entry or participation in any Promotion shall be provided by Zipcar from time to time, in the discretion of Zipcar, Inc. (“Zipcar”). Participants must follow the directions provided by Zipcar and otherwise be bound by and follow these Official Twitter Giveaway Rules to be eligible to receive a prize in connection with any Promotion.
To be eligible you must be: (a) a legal resident of the U.S. or Canada, and (b) be at least 18 years of age (or legal age of majority in your state) to participate in a Promotion. A Participant must be a follower of the Twitter account announcing the Promotion to be eligible to participate. Employees, officers, directors, representatives and agents of any Released Parties (defined below) and each of their respective parents, subsidiaries & affiliated companies and their immediate families and those living in their same household, whether or not related, are not eligible for any Promotion. Zipcar will determine giveaway recipients in its sole and absolute discretion. If you have received a prize in connection with a Promotion in the last 30 days, you're not eligible. If a Promotion prize recipient is determined to be ineligible, Zipcar may, in its sole and absolute discretion, not give away the goods or may give the goods to the next eligible follower. You will be required to privately (through Twitter direct message, email, or other secure, private means) provide your name, address, age and other personal information necessary to receive the prize, if you are selected as a Promotion prize recipient. By participating in a Promotion, you are agree that Zipcar may use your entry, including your name and any personal information disclosed in such entry, in future promotional material, industry reports or press activity. Promotions are subject to all applicable federal, state and local laws, rules or regulations and these Official Twitter Giveaway Rules.
For and in consideration of being a Participant in the Promotion and other good and valuable consideration, the receipt of which you hereby acknowledge, you hereby confirm that any and all materials submitted by you in connection with the Promotion including, without limitation, any photographs, are and/or were created for Zipcar and shall constitute "works made for hire" (as defined under the U.S. Copyright Act of 1976 and for the purpose of all other copyright laws throughout the world) and that Zipcar shall be considered the author thereof and shall own all rights (under copyright and otherwise) in and to any and all such materials throughout the universe, in perpetuity, with all right to make such changes in, and such uses and exploitations thereof, for all media now known and hereafter devised, as Zipcar may determine in its sole discretion (including without limitation the right to refrain from doing so). If it is determined that any such materials do not qualify as "works made for hire," then you hereby irrevocably assign, transfer and convey such materials to Zipcar to the full extent had they so qualified.
Participants may not take actions that are negligent, injurious or reckless in pursuit of any prize offered in connection with a Promotion. Participants who do not follow this rule or who otherwise participate in a Promotion in an unsportsmanlike manner will be disqualified from the Promotion. Participants are solely responsible for any injuries or other damages that are caused from their behavior. Participants agree to indemnify, release, discharge and hold harmless the Released Parties from and against any and all claims, liability, losses, damages or injuries of any kind with respect thereto.
Each winner of a prize in a Promotion is solely responsible for any and all applicable federal, state and local taxes (including income and withholding taxes on any prize), regardless of whether the prize, in whole or in part, is used. The approximate retail value of any prize is based on available information provided to Zipcar and the value of any prize awarded to a Promotion winner may be reported for tax purposes as required by law.
By participating in a Promotion, you agree to (i) be bound by these Official Twitter Giveaway Rules, including all entry requirements provided at the time the Promotion is announced and/or promoted, and (ii) waive any and all claims against Zipcar, its subsidiaries and affiliated entities, or any entity which, now or in the future, controls, is controlled by, or is under common control with Zipcar, and the directors, officers, employees and agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the above entities (collectively, "Released Parties") for any injury, damage or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the Promotion or from receipt or use of any Promotion prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each winning Participant, by acceptance of prize, grants to Zipcar and its designees the right to publicize his/her name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional and/or trade and/or any other purpose ("Winner Information") in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Twitter Giveaway Rules or the rights and obligations of participants or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
BY PARTICIPATING IN A PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.