Terms and Conditions - Refer a Friend Competition 2023

ZIPCAR "REFER A FRIEND COMPETITION" OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW

 

1. ELIGIBILITY: The Refer a Friend Competition ("Promotion") is only open to persons who are 18 years of age or older at the time of entry and are legal residents of the 50 United States and the District of Columbia, or Canada, and also are residents of geographic areas in which Zipcar, Inc. (“Zipcar” or the “Sponsor”) offers its services (individually “Entrant”, collectively “Entrants”). Entry into the Promotion is open to all current members 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. Employees of Sponsor and its parent companies, affiliates, subsidiaries, and related companies, agencies, 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 

 

2. SPONSOR: Zipcar, Inc., 35 Thomson Place, Boston, MA 02210. 

By participating, each entrant ("Entrant") agrees to be bound by these Official Rules (the "Rules") and the decisions of Sponsor, if applicable, which are final and binding in all respects. Receiving a prize is    contingent upon fulfilling all requirements set forth herein.  

3. PROMOTION PERIOD: The Promotion Period begins at 11:00 a.m. Eastern Time ("EST") on May 3, 2023 and ends at 11:59 p.m. EST on May 31, 2023 the (“Promotion Period”).  

 

4. PROMOTION ENTRY GUIDELINES: To enter the Zipcar Refer a Friend Competiton participants must do all of the following during the Promotion Period: 

 

1. Refer friends to join Zipcar 

2. Referred friends must join Zipcar by 11:59p.m. on May 31, 2023 in order to count for members' tally 

The entry must fulfill all Promotion requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the Rules may be disqualified at the sole discretion of Zipcar. Multiple entries are allowed per Entrant. Entries are accepted through the entirety of the Promotion Period. 

 

5. THE PRIZE: The member who refers the most approved members (friends who join Zipcar) will be awarded the following prize, as further described in Section 6 (the “Prize Details”): 

1. $1000 in Zipcar driving credit 

The total approximate retail value of the prize shall not exceed $1000.  The selected qualified Entrant is referred to as the “Winner,” subject to completion of the requirements and obligations of the Winner pursuant to these Rules. 

6. THE PRIZE DETAILS: 

1. $1000 in Zipcar driving credit. 

Once Entrant has been chosen as the Winner, the member will receive a Coupon Code to be redeemed at Zipcar.com or Zipcar.ca. Website and currency will depend on Recipient’s current Zipcar locale. Driving credit will expire within 12 months of redemption. 

 

7. WINNER SELECTION: The ONE (1) Winner shall be selected as follows:  

(a)        On Monday, June 5, 2023, at approximately 12:00p.m. EST, one (1) Entrant will be selected by a Zipcar representative who will filter all entrants by numbers of referrals that joined Zipcar between 5/3/23-5/31/23 and the entrant with the highest number of approved referrals will be determined the winner. In the event of a tie, Zipcar will conduct a random electronic draw to determine the winner.  

(b)      The one selected Entrant will be notified by direct message no later than 2:00 p.m. EST on Monday, June 5, 2023. The Sponsor will make a minimum of two (2) attempts to contact the selected Entrant by email associated with Zipcar account within ten (10) business days of the draw date. Upon notification, the selected Entrant must provide required information in compliance with these Rules to the email provided in the notification, and the selected Entrant’s response must be received within five (5) business days. If the selected Entrant does not respond in accordance with the Rules, he/she will be disqualified and will not receive the Prize and another Entrant may be selected, in the Sponsor’s sole discretion, until such time as an Entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected Entrant to receive notification or for the Sponsor to receive a selected Entrant’s response. 

(d)        POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. 

 

8. ADDITIONAL CONDITIONS: Some restrictions apply. Prizes are non-transferable. By entering, Entrant give their express permission to be contacted by Sponsor by phone, social media, mail, or email. If any Prize notification is returned as undeliverable, or if the potential Winner does not respond to notification within 5 days of the date of notification, the Prize will be forfeited. In the event of noncompliance with these requirements, the Prize will be forfeited. No more than the stated Prizes will be awarded. Unclaimed Prizes may not be awarded. 

 

Winner will be required to complete, sign and return an Affidavit of Eligibility and Release (the “Affidavit”) within 24 hours of notification in order to receive a prize (Tennessee residents need not consent to, or sign any, publicity release).  Winner will be required to provide a valid mailing address to Sponsor. 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 substitution of the Prizes may be made, except by the Sponsor, who reserves the right to substitute the prize with another prize of comparable or greater value if the intended prize/prize component is not available for any reason as determined by the Sponsor in their sole discretion. No cash equivalent of Prize will be provided. Prizes are non-transferable. The Winner of any prize above the IRS threshold, currently $600, will be required to complete an IRS Form W-9, which requires disclosure of Winner’s social security number, and an IRS Form 1099 reflecting the value of the prize will be issued to the Winner as required by law. Gift certificate or gift card prizes may be subject to additional terms and conditions of third-party issuers or businesses where they are redeemed. Sponsor does not guarantee the availability of goods or services offered by such businesses and is not responsible for lost or stolen gift certificates or gift cards. All prizes must be accepted "as is," and no warrantees will be provided by Sponsor. 

9. RELEASES AND INDEMNIFICATION: BY ENTERING THE PROMOTION, ENTRANTS AND WINNER HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED ENTITIES AS WELL AS THE SUCCESSORS, ASSIGNS AND LICENSEES OF EACH AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS AND REPRESENTATIVES OF EACH, FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES), OR LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS (INCLUDING, BUT NOT LIMITED TO, DEATH) AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO, ARISE OUT OF, OR RELATE TO: (1) PARTICIPATION IN THE PROMOTION OR ANY PORTION THEREOF; (2) A BREACH OR ALLEGATION WHICH IF TRUE WOULD CONSTITUTE A BREACH, OF ANY OF ENTRANT’S AND/OR WINNER’S REPRESENTATIONS, WARRANTIES OR OBLIGATIONS HEREIN; (3) THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZES, OR ANY PRIZE-RELATED TRAVEL OR ACTIVITY; (4) THE SPONSOR’S USE OF ANY OF THE MATERIALS SUBMITTED BY ENTRANT IN CONNECTION WITH THIS PROMOTION; OR (5) ANY INTENTIONAL MISCONDUCT OR NEGLIGENCE BY ENTRANT IN CONNECTION WITH THIS PROMOTION. SPONSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ENTRANTS AND WINNERS HEREBY WAIVE RELIANCE ON ANY AND ALL SUCH WARRANTIES. 

 

10. GENERAL CONDITIONS: Except where legally prohibited, the Entrant grants (and will confirm that grant in writing) permission to Sponsor and its affiliates, exercised in their sole discretion, the right to use the Entrant’s name, city, state, Entry 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, without limitation and without further payment, notification, permission or other consideration and without notice, review, or approval. By entering, each Entrant warrants that (i) the qualification 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. In the event Sponsor is prevented from continuing with this Promotion, or the integrity and/or feasibility of the Promotion 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 Sponsor's control (each a "Force Majeure" event) Sponsor shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Promotion without notice or further obligation. If Sponsor, in their discretion, elects to abbreviate, cancel or terminate the Promotion as a result of a Force Majeure event, Sponsor reserves the right, but shall have no obligation, to award the Prize to valid and eligible entries received up to the time of such Force Majeure event. Sponsor reserves the right to correct typographic, clerical or printing errors in any Promotion materials. Sponsor is not responsible for any typographical or other error in the printing of this Promotion, the administration of the Promotion or in the announcement of a Prize, including such error as may give an erroneous indication that a Prize has been won. 

 

11. CANADIAN WINNERS: Potential Winner from Canada will also need to correctly answer, without any assistance of any kind, including mechanical or otherwise, a time-limited mathematical skill-testing question to be administered by email at the email address on file with Zipcar at the time of Entry. The potential Winner only becomes the “Winner” when such forms and/or information are completed, returned to and received by Sponsor if the mathematical skill-testing question was correctly answered. 

 

12. TECHNICAL ISSUES:  Neither Sponsor 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. Sponsor may, at its sole discretion, disqualify any individual who tampers with the operation of the Promotion, 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. If, for any reason, the Promotion is affected by any computer virus, worm, bug, tampering, hacking, unauthorized intervention, fraud, technical failure or other cause which, in the sole opinion of Sponsor, corrupts or otherwise affects the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor may in its sole discretion cancel, terminate, modify, or suspend the Promotion, and may determine Recipient(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 Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Rules shall not constitute a waiver of that provision. 

 

13. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPONSOR 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 PROMOTION, 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. 

 

 

14. DISPUTES AND GOVERNING LAW: These Rules, or the rights and obligations of Entrants or Winners and Sponsor in connection with this Promotion, 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. Any action seeking legal or equitable relief arising out of or relating to the Promotion shall be brought only in the courts of the Commonwealth of Massachusetts. Entrants hereby irrevocably consent to the personal jurisdiction of said courts.  Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action; and (2)  all issues and questions concerning the construction, validity, interpretation, and enforceability 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 Promotion, but in no event attorneys' fees. 

 

15. OFFICIAL RULES: For a printed copy of the Rules, send a stamped, self-addressed envelope (VT residents need not affix return postage) to: Refer a Friend Competiton, Attn: Marketing Department, Zipcar, Inc., 35 Thomson Place, Boston, MA 02210. 

 

16. WINNER’S LIST: Sponsor will send requested Winner lists within 4-6 weeks after all Prizes are awarded. Requests for the Winner list must be received by June 19, 2023. 

 

17. COLLECTION OF INFORMATION: Information collected in connection with the Promotion will be collected in accordance with Sponsor’s Privacy Policy, available at http://members.zipcar.com/site/privacy. By participating in the Promotion, each Entrant agrees to the terms of Sponsor’s Privacy Policy, and agrees that its information may be entered into the marketing database of Sponsor. 

 

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