the ultimate ziptrip: rules & regulations
ZIPCAR’S THE ULTIMATE ZIPTRIP CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS PROMOTION IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK.
1. ELIGIBILITY: Zipcar’s The Ultimate Ziptrip Contest (“Contest”) is only open to persons who are 21 years of age or older at the time of entry and who are legal residents of (a) the continental United States or the District of Columbia, excluding Alaska, Hawaii, U.S. Territories and Puerto Rico, or (b) Ontario or British Columbia. The Contest is subject to all applicable federal, state, provincial and local laws and regulations. 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) 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. Entry into the Contest is open to both members and non-members of Zipcar; purchase of a Zipcar membership is not necessary to enter the Contest and a purchase will not improve the ability of an Entrant to win. Winning the Contest is, however, contingent upon the entrant meeting the Zipcar membership eligibility criteria as detailed here (click and then select one of our cities for the eligibility requirements). Any Entrant selected as a winner who fails to meet the eligibility criteria will be disqualified and Zipcar shall select an alternative winner. Proof of age, address and Zipcar membership eligibility is required before a prize winner can claim the prize. The eligibility of any entrant is at the sole discretion of Zipcar. It is the responsibility of the entrant to ensure they meet all eligibility criteria and can provide any required evidence of their eligibility.
2. CONTEST ENTRY PERIOD: The Contest Entry Period begins at 8:00:01 a.m. Eastern Time (“ET”) on April 30, 2012 and ends at 11:59:59 a.m. ET on May 14, 2012 (the “Entry Period”). Entries must be received and recorded on the www.facebook.com/zipcar application tab during the Entry Period.
3. CONTEST ENTRY GUIDELINES: The Contest invites participants to enter an answer (the “Entry”) to the following question on the Zipcar Ultimate Ziptrip Contest application tab, in five hundred (500) characters or less:
“What Zipcar city in North America [listed below] would you like to go to most and what would you do there during your trip?”
NEW YORK CITY
You can also enter by submitting a written Entry to: The Ultimate Ziptrip, Attn: Marketing Department, Zipcar, Inc. 25 First Street, Cambridge, MA 02141.
All Entries are subject to the terms and conditions of these Rules. All Entries must be written in English. Entries that are not received by the end of the Entry Period or that do not comply with these Rules will be ineligible. Entry in this Contest constitutes Entrant’s irrevocable assignment, conveyance and transference to Zipcar of any and all right, title and interest in the Entry. Any Entry that, in the sole opinion of Zipcar, is considered inappropriate, obscene, indecent, hateful, tortuous, defamatory, slanderous, libelous, objectionable, promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age or any other status protected by law will be deemed ineligible, or is otherwise objectionable will be ineligible. Entries received without the appropriate information will not be accepted. Entrants must be the sole copyright owner of the Entry submitted and the Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. All Entries and materials submitted become the property of Zipcar and will not be acknowledged or returned. The Entry cannot have been submitted previously in a promotion or contest of any kind or exhibited or displayed publicly through any means previously. Entrant must have received consent of all parties displayed in the Entry. . The Entry must not contain brand names or trademarks with the exception of the Zipcar brand or trademarks. The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Entry is created.
4. TO PARTICIPATE: To enter the Contest, visit the contest application tab at www.facebook.com/zipcar during the Entry Period, and submit your Entry. Only one entry per entrant permitted.
5. JUDGING: Following the Entry Period, the entries will be judged by a panel of Zipcar judges. Each Entry will be judged, in the judges’ sole discretion, on the following criteria:
(a) How well the Entry outlines how the Entrant would use his/her time in the Zipcar city if the Entrant wins;
(b) Represents the Zipcar mission of enabling simple and responsible urban living; and
(c) Proposes a journey to a Zipcar city (complete list of valid Zipcar cities is located section 3 above) that is fun, unique and/or memorable.
No more than fifty (50) Entrants will be selected to create a video depicting an answer to the same question in Rule (3) and post the video on Zipcar’s “The Ultimate Ziptrip” contest application tab between 11:59:59 a.m. ET on May 16, 2012 and 11:59:59 a.m. ET on May 30, 2012. The video entries will be judged, in the judges’ sole discretion, on the same criteria set forth above. At the end of the video judging, three (3) Entrants will be selected as finalists to advance to the final round.
6. VOTING PERIOD: The finalists’ videos will be displayed on Zipcar’s “The Ultimate Ziptrip” 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 June 4, 2012 and ends at 11:59:59 a.m. ET on June 11, 2012. Only votes received within the Voting Period will be counted. The video that receives the highest number of votes will be deemed to be the Grand Prize winner of the Contest. The video receiving the second highest number of votes will be the first runner up and the video receiving the third highest number of votes will be the second runner up.
7. CONTEST PRIZES: One Grand Prize will be awarded. The Grand Prize will consist fo the following:
· Hotel accommodations arranged by Zipcar for two people sharing one room for three nights in any North American Zipcar City [full list of cities located in section 3 above] during the following, non flexible, time period: August 1, 2012 through August 31, 2012;
· Roundtrip airfare arranged by Zipcar for the contest winner and one companion that same Zipcar city;
· A Meal allowance of $750 in the form of an American Express gift card; and
· Use of a Honda Zipcar for the three (3) day period of the Grand Prize Winners stay in the Zipcar city.
The total value of the Grand Prize not to exceed $4,000. The Grand Prize winner and his or her travel companion are responsible for obtaining all necessary travel documents. Grand Prize winner’s travel companion must be at least 18 years of age or accompanied by a parent or legal guardian. Zipcar is not responsible for travel expenses for the parent or legal guardian.
Two Runner Up Prizes will be awarded. The first runner up will receive $300 in Zipcar driving credit. Second runner up will receive $200 in Zipcar driving credit. If a runner up is not currently a member of Zipcar, the runner up will instead receive a free one-year Zipcar membership ($85 value) and the balance of the prize ($215 for the first runner up and $115 for the second runner up) of Zipcar driving credit.
The winners will be announced on www.facebook.com/zipcar on or about June 15, 2012. The winners will be notified at the email address provided to Zipcar within fourteen (14) days following the Voting Period. If a winner does not meet Zipcar’s membership criteria, the winner will be disqualified and another, alternate winner from amongst the finalists or the Entrants will be selected.
All Grand Prize and Runner Up prize Winners will be required to complete, sign and return an Affidavit of Eligibility/ Ownership/Liability Release and Publicity Release (the “Affidavit”) within 24 hours of notification in order to receive the prize. (Tennessee residents need not consent to, or sign any, publicity release). Some restrictions apply. All taxes or expenses, including without limitation, sales tax, luxury tax and any other costs incurred in claiming or using the prize are the sole responsibility of the winner as well as all costs incurred in entering into the Promotion or using or enjoying the prize, such as any administrative costs, insurances and spending money are (unless specifically stated otherwise). No prize substitutions or cash equivalent of prize is permitted. Prizes are non-transferable. Potential winners will be notified by phone and/or e-mail. By entering, Entrants give their express permission to be contacted by Zipar by phone, mail or e-mail. If any prize notification is returned as undeliverable, or if winner does not respond to notification within 24 hours of the date of notification, prize will be forfeited and the judges will select an alternate winner. In the event of noncompliance with these requirements, the prize will be forfeited and the judges will select an alternate winner. . 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. Unclaimed prizes may not be awarded.
8. GENERAL CONDITIONS: 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 or any video 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, Entries and videos (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. 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 and/or a video, the Entrant grants permission for Zipcar and its Affiliates to publish, post, display, and otherwise use the Entry and/or the video in any form, in any manner, and in any media deemed appropriate by 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.
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 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 may determine winner(s) 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. 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, 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 shall be submitted to final, binding arbitration heard by a single arbitrator in accordance with the then-current rules of the American Arbitration Association (2) any arbitration shall be conducted in English, in Boston, Massachusetts; (e) 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 (4) 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 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. WINNERS LIST: To request the name of the Winner, mail a self-addressed stamped envelope in a first class stamped envelope to: The Ultimate Ziptrip Winners List, Attn: Marketing Department, Zipcar, Inc. 25 First Street, Cambridge, MA 02141.
12. OFFICIAL RULES: For a printed copy of the Official Rules, send a stamped, self addressed envelope (VT residents need not affix return postage) to: The Ultimate Ziptrip, Attn: Marketing Department, Zipcar, Inc. 25 First Street, 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 for Zipcar. This promotion is in no way sponsored or administered by Honda.
SPONSOR: Zipcar, Inc., 25 First Street, Cambridge, MA 02141.
© 2012 Zipcar, Inc. All rights reserved.