STUDENTS WITH DRIVE STUDENT ORGANIZATION CHALLENGE
TIMING: The “Students With Drive Student Organization Challenge” (“Challenge” or “Promotion”) will begin on 9/14/18 at 12:00 AM [midnight] Eastern Time (“ET”) and end on 4/27/19 at 11:59 PM ET (“Promotion Period”). The Promotion Period is comprised of the following:
(a) Entry Period: 9/14/18 commencing at 12:00 AM ET through 10/31/18 at 11:59 PM ET.
(b) Judging/Selection of Finalists: 11/1/18 – 11/7/18
(c) Account Setup: 11/7/18 – 12/1/18
(d) Content Development for Groups: 12/1/18 – 2/16/19
(e) Voting and Sharing Period: 3/1/19 – 3/30/19
(f) Announcement of Overall Prizes Won by Finalists: 4/27/19
In all cases, Sponsor’s computer is the official time keeping device for the Promotion.
SPONSOR: Zipcar, Inc., 35 Thomson Place, Boston, MA 02210.
ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and District of Columbia and Canada (excluding Quebec) who are (a) at least eighteen (18) years of age or age of majority as of date of entry who have a valid driver's license as of date of entry and (b) current, full-time students at a university or college who are members of the designated student organization as discussed below (“Entrants”). Entrants will not participate in the Challenge in an individual capacity; rather, their participation is solely on behalf of a qualifying student organization (which must be formally recognized by the administration of the university/college) at a participating “Zipcar University” (i.e., a university or a college which has a car-sharing agreement in place with Zipcar, Inc.).
A given Student Organization may only enter the Promotion once; should more than one (1) person seek to enter a Student Organization in the Promotion, only the first such eligible entry will be recognized. However, more than one (1) Student Organization from the same Zipcar University may participate in the Promotion. One (1) representative of the Student Organization must be designated by the Student Organization as the “Captain” for that Student Organization. The Captain will be the sole representative of the Student Organization in all dealings with Sponsor with regard to the Student Organization’s participation in the Promotion, and the decisions of the Captain will be fully binding upon the Student Organization.
To qualify, a Student Organization must NOT have as its mission/purpose/objective:
(a) The promotion of any political party or agenda;
(b) The promotion of any particular religion or religious belief;
(c) Advocating discrimination against any person or group of persons based on race, gender, religion, sexual orientation, gender identity or expression, ethnicity, national origin, age, physical or mental challenge, or military veteran status;
(d) The promotion of debt reduction, business loans or financial-related services;
(e) The direct financial benefit of a given individual or group of individuals.
To find out whether (or not) a given college/university is a Zipcar University, input the name of your college/university where prompted at www.zipcar.com/universities.
Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and same household members of Zipcar, Inc. (hereinafter known as “Sponsor”), and its respective parent companies, subsidiaries and affiliates and companies involved in the implementation and execution of the Promotion (collectively the "Promotion Entities") as well as members of the general public (i.e., all persons other than those who defined as “Entrants” above) are NOT eligible. Promotion is void in Quebec, Puerto Rico and other US Commonwealths, Territories and jurisdictions (including overseas military installations) and where prohibited.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Promotion, Captain (on behalf of him/herself and the applicable Student Organization) fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Promotion. Selection as a Finalist Student Organization/winning prize(s) is contingent upon fulfilling all requirements set forth herein.
The technical and procedural requirements for submission of content in the Promotion are made a part of these Official Rules and incorporated herein by reference. In the event of any discrepancy, the technical and procedural requirements shall govern and control only with respect to the specific technical/procedural issue in question; in all other cases, these Official Rules shall govern and control.
TO ENTER: To enter, a Captain visits www.zipcar.com/studentswithdrive and completes an official entry form with all required information, including the name of the Student Organization and the name and email address of the Captain him/herself. As part of the entry form, Captain must also complete a questionnaire in a truthful and forthright manner, to the best of his/her knowledge and belief. The questionnaire requires certain background information regarding the Student Organization, as well as a statement addressing the following points (no more than 1200 characters per point; in English):
(a) What is your organization’s goal or mission?
(b) What drew you to this particular organization or cause?
(c) How does your organization drive positive change both on and off campus?
(d) How can Zipcar help your organization go further within your community? (Include details on how your group would use the $300 in Zipcar driving credit and $500 gift card)
The entry form and questionnaire collectively constitute the “Entry” of a Student Organization. All components of Entry must be submitted during the same on-line session; partial/piecemeal submissions will NOT be accepted.
BY SUBMITTING AN ENTRY FOR A STUDENT ORGANIZATION, THE CAPTAIN REPRESENTS AND WARRANTS THAT
- HE/SHE HAS ALL REQUIRED AUTHORITY TO ACT AS THE SOLE REPRESENTATIVE OF THE STUDENT ORGANIZATION AND ENTER THE STUDENT ORGANIZATION IN THE PROMOTION; AND
- HE/SHE OR THE STUDENT ORGANIZATION HAS ALL RIGHTS TO (INCLUDING ANY NECESSARY LICENSES OR CONSENTS) TO USE AND SUBMIT THE ENTRY; AND
- THE STUDENT ORGANIZATION HAS BEEN FORMALLY RECOGNIZED BY THE ADMINISTRATION OF THE APPLICABLE UNIVERSITY/COLLEGE. IN ACCEPTING A STUDENT ORGANIZATION’S ENTRY IN THE PROMOTION, SPONSOR IS DIRECTLY RELYING ON THE ACCURACY OF THE PRECEDING REPRESENTATIONS AND WARRANTIES BY THE CAPTAIN OF THE STUDENT ORGANIZATION.
Sponsor expressly reserves the right to supplement a Student Organization’s Entry with phone interviews and/or supplemental information requests so as to verify the accuracy or comprehensiveness of Entry information. Captain, on behalf of Student Organization agrees, without compensation, to provide complete and truthful information in response to such requests, with the understanding that the failure to do so in a timely manner (or the provision of incomplete or inaccurate information in responding to any such request[s]) may result in disqualification of the Student Organization’s Entry in the Promotion. For the avoidance of doubt, Sponsor is in no way required to have a phone interview with any Student Organization or to request supplemental information from a given Student Organization.
All Entries must be received by 10/31/18 at 11:59 PM ET.
DETERMINATION OF FINALIST STUDENT ORGANIZATIONS: A judging panel comprised of representatives of Sponsor will review all eligible Entries and select the Student Organizations with the top ten (10) Entries as Finalists. But, Sponsor reserves the right to select fewer than ten (10) Student Organizations as Finalists due to an insufficient number of quality (eligible) Entries or for any other reason. Finalists will be selected based on the following criteria:
(a) Demonstrating a clear need in your community and providing a recommendation on how your student organization will address this need with the help of Zipcar (50%)
(b) Persuasiveness and effectiveness of the groups mission (50%);
In the event of a tie, the Student Organization whose Entry had the higher/highest score in the criterion of “criteria (a)” will be deemed a Finalist Student Organization (hereinafter, “Finalist”).
On or about 11/7/18, Captain of Finalist will be contacted by Sponsor via email, phone or mail (exact method(s) of notification to be determined by Sponsor in their sole discretion.) As a condition of selection as a Finalist, Captain (on behalf of him/herself and Student Organization, as applicable) will be required to sign, complete and return Affidavit of Eligibility and Liability Release and except where prohibited by law, a Publicity Release Form (“Affidavit/Release”), a confirmation of the grant of rights in the Entry as discussed below (“Grant of Rights”), and a certification of the Student Organization’s official recognition by the applicable university/college, all within an indicated time period. Captain further agrees without compensation to use his/her best efforts to secure an Affidavit/Release and/or Grant of Rights from any representative of Student Organization or any other person (to the extent applicable), who appears in the video submitted as part of the Entry. Any required releases must be returned via email to Sponsor at the email address and within an indicated time period listed on the form and in the program materials. If the Captain of a Finalist fails to timely execute and return the Affidavit/Release, Grant of Rights and/or certification of official recognition by university/college, if Finalist is deemed ineligible or in violation of these Official Rules (including but not limited to certification of official recognition not being deemed acceptable by Sponsor), or if Captain cannot be contacted after reasonable effort as determined by Sponsor in their sole discretion, selection as a Finalist will be rescinded and Student Organization will forfeit any claim to the Finalist Prize and any Overall Prize and Sponsor shall not have any liability or obligation of any kind to such Student Organization under any legal theory. In such event, another Student Organization may be selected as a Finalist in lieu of the disqualified Student Organization (in the manner set forth above), in the Sponsors’ sole discretion and time permitting.
FINALIST ROUND OF CHALLENGE: A Sponsor Representative will liaise with Captain to establish a special Zipcar Account for the Finalist. As part of the registration process, Captain will identify a minimum of one (1) Zipcar driver for the Finalist. To be a Zipcar driver for a Finalist, an individual must be a valid Zipcar member; for further explanation of Zipcar driver membership eligibility, click here. AT WWW.ZIPCAR.COM, CLICK ON “RATES & PLANS” AND INPUT YOUR CITY FOR A COMPLETE FEE SCHEDULE. Finalist registration process must be completed by 12/1/18 at 11:59 PM ET. Upon completion of the registration process (i.e., establishment of special Zipcar Account), Sponsors will award to the Captain, ON BEHALF OF THE FINALIST (NOT TO CAPTAIN PERSONALLY), the Finalist Prize of a $300 driving credit toward Zipcar, Inc. registration and usage fees and a $500 gift card (issuer of Sponsor’s sole choosing; subject to terms and conditions of issuer as set forth therein) which is intended to be used by Finalist to defray the costs of development of their video for Final Round participation (hereafter, “Finalist Video”). Sponsor reserves the right to audit the manner in which Finalist is using the Finalist Prize; and, should Sponsor determine in their sole discretion that Finalist is misusing the Finalist Prize, status of Student Organization as a Finalist may be revoked, with forfeiture of Finalist Prize and Overall Prize; and, in such circumstances, Sponsor will have no liability to such Student Organization. In such event, another Student Organization may instead be selected as a Finalist (as discussed above), time permitting. All expenses and costs related to acceptance and use of the participation in the Finalist Round of Challenge (including but not limited to Zipcar, Inc. membership fees not covered by the $300 driving credit component of the Finalist Prize) are the entirely the responsibility of Finalist.
Finalist Video: Finalists must create a video showing how the corresponding Student Organization “goes further” and implements its underlying mission and objectives, through community outreach and other activities. Sponsor wants to learn about the Student Organization in action, actually putting its ideals into practice. Finalist Video should expand upon and complement the Finalist’s original Entry, as well as including footage of registered Zipcar drivers (as per the Finalist registration process, set forth above) safely operating the Student Organization’s Zipcars in accordance with the Zipcar member agreement and in and around campus in conjunction with the Student Organization’s activities. AT ALL TIMES, REGISTERED ZIPCAR DRIVERS MUST OPERATE THE ZIPCAR IN A SAFE MANNER IN FULL COMPLIANCE WITH ALL TRAFFIC LAWS. WITHOUT LIMITING THE FOREGOING, ZIPCAR DRIVERS MUST OPERATE THE ZIPCAR AT ALL TIMES WHILE WEARING A SEAT BELT AND CANNOT OPERATE THE ZIPCAR IF UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. ANY SUCH BEHAVIOR WILL RESULT IN AUTOMATIC DISQUALIFICATION OF FINALIST FROM THE CHALLENGE, WITH FORFEITURE OF FINALIST PRIZE AND OVERALL PRIZE. Finalist Video cannot exceed three (3) minutes in length. A Finalist may only submit one (1) Finalist Video; and, once submitted, Finalist Video cannot be modified, edited, supplemented or changed. Finalist Video must have been created specifically for this Challenge and not previously published. Finalist Video must be received by 2/16/19 at 11:59 PM ET.
Finalist Video is subject to approval of Sponsor in their sole discretion. If Sponsor determines in their sole discretion that Finalist Video is not in compliance with these Official Rules, Sponsor reserves the right in their sole discretion to advise Captain of Finalist of the defects in Finalist Video and provide the opportunity for Captain to remedy such defects and re-submit Finalist Video, time permitting. Notwithstanding the foregoing, Sponsor is in no way obligated to notify Captain of (and allow Captain to correct) a defective Finalist Video, including but not limited to due to time constraints. Should the defects in Finalist Video be deemed by Sponsor in their sole discretion to be egregious or blatant, Sponsor may automatically disqualify such Finalist and withhold any Overall Prize from Finalist and require Finalist to return the Finalist Prize (or its value) previously awarded.
If Finalist Video is approved, Finalists will promote their Finalist Video and the Students with Drive Promotion generally via use of social media channels (WITH THE EXCEPTION OF YOUTUBE AND FACEBOOK, BECAUSE OF LEGAL REASONS), implementing and expanding upon the strategies set forth in Finalist’s initial Entry. All such promotional activities should link to the dedicated Website for the Students with Drive Promotion (to be provided to Captain at time of Finalist registration). NEITHER YOUTUBE NOR FACEBOOK IS A SPONSOR OF THE PROMOTION AND IS IN NO WAY ENDORSING, SPONSORING OR AFFILIATED/ASSOCIATED WITH THIS PROMOTION.
Between 3/1/19 at 12:00 AM ET and 3/30/19 at 11:59 PM ET†, visitors to the dedicated Website will view Finalist Videos and vote for their favorite one. There is a limit of one (1) vote per video (for only one  Finalist Video) per Twitter account.
† (But, Sponsor may choose to postpone or modify the public voting period of the Promotion by posting notice to such effect on the dedicated Website.)
DETERMINATION OF WINNERS: The specific Overall Prize won by each Finalist will be determined based on the following formula with regard to Finalist Video. Any rankings will be calculated on a scale of 1 to 10 with 10 being the highest.
(a) Ranking among the ten (10) Finalists for total number of votes (25%)
(b) Ranking among the ten (10) Finalists for total number of views (25%)
(c) Judging by Sponsor based on a ranking of 1-10 based on following criteria (50%)
Persuasiveness and effectiveness of the group’s video
Creativity and originality of the video
On or about 4/27/19, Captains of Finalists will be contacted by Sponsor via email, phone or mail (exact method(s) of notification to be determined by Sponsor in their sole discretion) and notified of Overall Prize potentially won by Student Organization. As a condition of winning an Overall Prize, Captain (on behalf of him/herself and the corresponding Student Organization) may be required to sign, complete and return an additional Affidavit/Release, Grant of Rights in Finalist Video and perhaps other documents, all within an indicated time period. If the Captain of Finalist fails to comply with these requirements (as applicable), if Student Organization is deemed ineligible or in violation of these Official Rules, or if Captain cannot be contacted after reasonable effort as determined by Sponsor in their sole discretion, Overall Prize will be forfeited and Sponsor shall not have any liability or obligation of any kind to such Student Organization under any legal theory beyond award of Finalist Prize to such Student Organization. (Student Organization may retain Finalist Prize under such circumstances.) In such event, the Finalist with the next highest score in the Finalist Round (as set forth above) will be the winner of the Overall Prize originally won by the Student Organization forfeiting same: the Finalist with the next highest score in the Finalist Round will advance to the ranking previously held by the Student Organization forfeiting the Overall Prize, with all other lower-ranked Student Organizations also advancing in turn. And, the Overall Prize potentially won by the Student Organization forfeiting same will not be awarded.
In the event of a tie, the Finalist whose Finalist Video had the higher/highest score in the Final Round Judging by Sponsors will be deemed the Overall Prize winner.
CONDITIONS OF PARTICIPATION:
SUBMISSION REQUIREMENTS FOR ENTRY VIDEO/STATEMENT AND FINALIST VIDEO (AS APPLICABLE): Submissions (i.e., Entry Video, Entry Statement, and Finalist Video, as applicable) must be truthful and Sponsor reserves the right to verify information contained in the Submission. Submissions must be the original work of the Entrant (i.e., Captain and/or other current members of the Student Organization). In addition, Entrants agree that all entries shall meet the following requirements and guidelines (any entry that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified and will not be considered an Eligible Entry):
· Entries must constitute an original work of Entrant, and must be keeping with the Sponsor’s image, as determined by Sponsor in its sole discretion.
· Entries must not infringe upon the copyrights, trademarks, right of privacy, publicity or other intellectual property rights or other rights of any third party.
· Entries must not be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, illegal, discriminatory or harassing, or display inappropriate activity, behavior or conduct or contain nudity.
· Entries must not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
· Entries must not be obscene or offensive, crude or vulgar, endorse any form of hate or hate group, gang signs or symbols.
· Entries must not contain trademarks owned by others, or advertise or promote any brand or product of any kind, without permission.
· Entries must not contain any personal identification, such as license plate numbers, personal names, email addresses, Websites, webpage links or street addresses.
· Entries must not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in Websites, television, movies or other media) without permission.
· Entries must not contain materials embodying the names, likenesses, voices or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission.
· Entries must not include look-alikes or celebrities or public or private figures, living or dead.
· Entries must not communicate messages or images inconsistent with the positive images and/or goodwill to which the Released Parties wish to associate.
· Entries must not depict and/or contain any content that is in violation of these Official Rules and/or any applicable laws.
Additionally, if any Entry contains any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof may, if requested, render the Entry null and void. By submitting an Entry, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. Sponsor shall have the right to modify a statement and/or video to bring the Submission in compliance with these requirements should it feel it is necessary in its sole discretion. All Submissions will be reviewed for content eligibility and compliance with these Official Rules before being judged. Submissions containing false information, prohibited material or inappropriate content, as determined by the Sponsor, in its sole discretion, may be disqualified. Sponsor makes the final determination as to what Submissions are eligible to take part in this Contest. Entering a Submission grants Sponsor and its agents the unconditional, irrevocable, worldwide right to publish, use, adapt, edit and/or modify such Submission in any way, in any and all media, without limitation, and without consideration to the Entrant whether or not such Submission is selected as a winning Submission. BY SUBMITTING THE ORIGINAL SUBMISSION, THE ENTRANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE, AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDE, IRREVOCABLE AND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, EDIT AND/OR MODIFY SUCH SUBMISSION IN ANY WAY AND POST THE ORIGINAL SUBMISSION ON THE INTERNET AND USE THE ORIGINAL SUBMISSION IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY. IN ADDITION, IF AT ANY TIME DURING THE CONTEST ENTRY PERIOD OR AT ANY TIME THEREAFTER, SPONSOR DETERMINES THAT NOT ENOUGH OR NO ELIGIBLE ENTRIES EXIST FROM WHICH TO DETERMINE THE WINNERS, THEN SPONSOR MAY IN ITS SOLE AND EXCLUSIVE DISCRETION DETERMINE THAT NOT ENOUGH OR NO ELIGIBLE ENTRIES EXIST, AND THEN MAY EITHER SUSPEND OR TERMINATE THE CONTEST OR MODIFY IT (OR ANY PARTS THEREOF) IN ANY EQUITABLE MANNER THAT SPONSOR DEEMS APPROPRIATE IN ITS SOLE AND EXCLUSIVE DISCRETION, INCLUDING, WITHOUT LIMITATION, BY NOT AWARDING ANY ONE OR MORE OF THE PRIZING SET FORTH IN THESE OFFICIAL RULES.
FINALISTS’ DISCLOSURE OF MATERIAL CONNECTION: Captain, on behalf of him/herself and Student Organization represents and warrants that ALL content created by the Finalist in participating in the Final Round of the Challenge (including but not limited to Finalist Video) will clearly and conspicuously disclose that a material connection exists between the Student Organization, and Zipcar, Inc.. Specifically, that the Finalist received a Finalist Prize and will receive an Overall Prize from Sponsor in the Challenge in conjunction with its creation and posting of Finalist Video.
VOTING PHASE OF FINAL ROUND OF CHALLENGE:
If Finalist Video is approved by Sponsor (see above), Finalist Video will be posted on the dedicated Website. Captain, on behalf of Finalist, understands and agrees that (a) the posting of Finalist Video is subject to technological, electronic, programming and other limitations/malfunctions and Finalist Video as posted may not be exactly the same as Finalist Video as submitted by Finalist; (b) Finalist Video may be posted by Sponsor on dedicated Website in any order, format, sequence or pattern, which may or may not be altered or varied by Sponsors in its sole discretion one (1) or more times during the public voting period; and (c) Finalist Video will be attributed to Finalist as follows: [NAME OF STUDENT ORGANIZATION; NAME OF UNIVERSITY/COLLEGE].
Votes for Finalist Videos must be manually key-stroked in accordance with the instructions on the dedicated Website. Use of device or artifice to manipulate or compromise the integrity of the voting procedure will result in voiding of votes deemed by Sponsor in their sole discretion to have been affected by such actions. In such event, Sponsor reserves the right to impose penalties on (and perhaps disqualify outright) any Finalist determined to have been involved in such actions; but, such penalties and disqualification will not constitute the sole recourse available to Sponsor under such circumstances. Should Sponsor decide to post a running total of the number of votes received by each Finalist Video in the public voting, such total is provided for informational purposes only, is not binding upon Sponsor in any respect and may be modified at any time without notice or liability.
Grand Prize for Top-Ranked Student Organization:
(a) $2,000 Zipcar driving credit;
(b) $5,000 donation to Student Organization;
(c) $5,000 donation to University/College General Scholarship Fund
First Prize for 2nd Ranked Student Organization:
(a) $1,000 Zipcar driving credit;
(b) $3,000 donation to Student Organization;
(c) $3,000 donation to University/College General Scholarship Fund
Second Prize for 3rd Ranked Student Organization:
(a) $500 Zipcar driving credit;
(b) $2,000 donation to Student Organization;
(c) $2,000 donation to University/College General Scholarship Fund
Prizes for Remaining Finalist Student Organizations
(a) $300 Zipcar driving credit;
(b) $500 donation to Student Organization;
(c) $500 donation to University/College General Scholarship Fund
FOR THE AVOIDANCE OF DOUBT, PRIZES ARE TO BE AWARDED TO THE STUDENT ORGANIZATION OR UNIVERSITY/COLLEGE GENERAL SCHOLARSHIP FUND (AS APPLICABLE), BUT NOT TO THE CAPTAIN OR TO ANY OTHER INDIVIDUAL AFFILIATED/ASSOCIATED WITH A STUDENT ORGANIZATION PERSONALLY. Prizes/prize components are not transferable or assignable. Zipcar credit is a driving credit redeemable by Sponsor for driving costs of Zipcar usage. The Zipcar credits expire if not utilized within 12 months from the date of issuance. Donation to Student Organization must be used by Student Organization to further the objectives/purposes of the Student Organization. Sponsor reserves the right to audit the manner in which winning Student Organization is using donated monies received winning an Overall Prize in the Promotion; and, should Sponsor determine in their sole discretion that winning Student Organization is misusing such donated monies, Sponsor may require Student Organization to return such donated monies and perhaps the Zipcar credit prize component (or its value).
No substitution may be made, except by the Sponsor, who reserve 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. (The preceding only excludes the gift card component of the Finalist Prize which may be redeemed for cash where required by applicable law.) Winning Student Organization and, as applicable, University/College may be responsible for taxes (not limited to federal, state, local and/or income) on prize, which will be reported to applicable governmental authorities as required by law and all unspecified costs/expenses in conjunction with acceptance, receipt, possession and use of prize(s). Captain and/or other representatives of Student Organization and representatives of University/College agree to cooperate fully with Sponsor relative to the Sponsors’ compliance with such tax reporting obligations as well as in Sponsors’ efforts to obtain any charitable deduction or favorable tax status in conjunction with donation components of Overall Prize. All prize winners are responsible for all federal, state and local taxes arising from receipt, acceptance or use of any prize. The U.S. 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. Except where prohibited by law, participation in the Promotion constitutes permission for Sponsor and their designees to use Student Organization’s name, as well as Captain’s name, hometown, likeness, statements and other personally identifiable information about Captain for promotional, advertising and marketing purposes in any media throughout the world without prize, incentive, consideration, consent or review; and upon request, Captain (and perhaps other representative(s) of Student Organization) will provide written consent to such use.
GENERAL CONDITIONS / RELEASE: By participating, Captain (on behalf of him/herself and Student Organization) (a) releases Promotion Entities, their respective directors, officers, agents and employees (collectively the “Released Parties”) 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 or the acceptance, possession, use, or misuse of prizes; and (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prizes including, but not limited to prize quality or availability (excluding only Sponsor's express, limited warranties on its Zipcar service). Neither Released Parties nor any service providers are responsible for any incorrect or inaccurate information supplied by Captains/Student Organizations while participating in the Promotion, incorrect or inaccurate transcription of Entry information, Finalist registration information, or for any human or other error, lost data, omission, interruption, deletion, defect, any other error or malfunction, or late, lost, damaged, misdirected Entries, submissions (Entry statement, Entry Video and Finalist Video) or Finalist registrations. CAUTION: ANY ATTEMPT TO DELIBERATELY TAMPER WITH THE ENTRY PROCESS (INCLUDING FINALIST REGISTRATION PROCESS, AS APPLICABLE), OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION, OR TO DEFRAUD SPONSOR IN ANY WAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Use of any automated system to participate is prohibited and will result in disqualification. Submitted content that is incomplete or corrupted is void. Sponsor is not liable or responsible for late, invalid or misdirected content that is submitted, all of which will be disqualified. FOR THE AVOIDANCE OF DOUBT, CAPTAIN/STUDENT ORGANIZATION (NOT THE RELEASED PARTIES) IS SOLELY RESPONSIBLE FOR SUBMITTING CONTENT IN CONJUNCTION WITH PARTICIPATION IN THE PROMOTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Promotion is not capable of being executed as planned, tampering, unauthorized intervention, fraud, technical failures or any other causes which in the opinion of Sponsor, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to void content submitted on behalf of Student Organizations and to cancel, terminate, modify or suspend the Promotion. In the event of any cancellation, termination or suspension, Captains/Student Organizations (or Finalists, as the case may be) will be notified thereof and the selection of Finalists (or the Overall Prizes won by Finalists, as the case may be) will be made in a manner determined by Sponsor, in their sole discretion, to be fair, appropriate and consistent with these Official Rules.
GOVERNING LAW/JURISDICTION/DISPUTES: Captain, on behalf of him/herself and the corresponding Student Organization, agrees that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or the award of prizes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or the appropriate Massachusetts State Court located in Suffolk County, Massachusetts; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will Captain/Student Organization be permitted to obtain awards for, and Captain/Student Organization hereby waive all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Captain/Student Organization’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of 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 Commonwealth of Massachusetts.
WINNERS: Names of winning Student Organizations will be posted on the dedicated Website after the end of the Promotion.