NO PURCHASE NECESSARY TO ENTER OR WIN, AND NO ENTRY FEE, PAYMENT, OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE IN THIS SWEEPSTAKES. THIS SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING ITS TERRITORIES, COMMONWEALTHS, AND POSSESSIONS) AND THE DISTRICT OF COLUMBIA WHO, ON THE DATE OF ENTRY ARE AT LEAST 18 YEARS OF AGE OR OLDER (except in the case of legal residents of certain states/territories where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority). VOID WHERE PROHIBITED BY LAW. FOR PERSONS WHO ENTER THIS SWEEPSTAKES, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or in association with, Apple, Inc., or person or other entity, including any third party, other than the Sponsor (as defined below). All entry data provided online is provided to Sponsor and not to Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
This Sweepstakes is sponsored by Lyft, Inc. (the “Sponsor” or “Lyft”), who may be contacted by email at email@example.com, or by mail at 548 Market Street #68514, San Francisco, California 94104.
2. Sweepstakes Period and Description of Sweepstakes.
The First Pitch sweepstakes (the “Sweepstakes”) shall commence at May 21, 2015, at the time the Sweepstakes is announced (the “Start Date”) and will continue through May 26, 2015 (the “End Date”). The period from the Start Date to the End Date shall be known as the “Sweepstakes Period.” Notice of Sweepstakes will be posted on Sponsor’s Sweepstakes webpage located at: http://blog.lyft.com/giants-night (the “Sweepstakes Page”).
3. Winner Determination and Requirements.
All eligible participants (“Participants”) entering the Sweepstakes must comply with all terms and conditions of these Rules. During the Sweepstakes Period, Participants may enter by sharing a tweet, Facebook post, or Instagram post using the #LyftPitch hashtag, explaining why it’s their dream to throw the first pitch and/or consider themselves to be the ultimate Giants and baseball fan. There is no limit on the number of times a Participant may enter.
3.1 The Judges will judge all eligible Entries to determine the most compelling Entry based on the following judging criteria: creativity (75%) and team spirit (25%). On or about May 27, 2015, (“Drawing Date”) the most compelling Entry as determined by the Judges will be deemed the winning Entry (the “Winning Entry”). Subject to verification of eligibility and compliance with the terms of these Official Rules, the eligible Participant that submitted the Winning Entry, as determined by the Judges, will be declared the official winner of the Contest (the “Winner”). Odds of winning depend on the total number of eligible entries received. The purchase of any goods or services will not increase any Participant’s chances of winning.
3.2 The Winner will be notified by phone and/or email and in order to claim the Prize, the Winner must notify and confirm with the Sponsor in writing his/her acceptance of the Prize by no later than twenty-four (24) hours after notification was given. Any failure of the Winner to notify and communicate acceptance will result in forfeiture of the Prize and an alternate potential winner may be selected at the Sponsor’s sole discretion by random drawing from among all remaining eligible entries. If a potential winner cannot be contacted or for any reason fails to claim the Prize within twenty-four (24) hours of notification, the potential winner forfeits the Prize. In the event that a potential winner forfeits or is disqualified for any reason, an alternate potential winner will be selected by random drawing from among all remaining eligible entries.
3.3 The Winner is solely responsible for all federal, state, and local taxes and other fees associated with his or her receipt and use of a Prize. No substitution, assignment or transfer of Prize is permitted, except by the Sponsor, who reserves the right to substitute the Prize with another prize of greater or equal value if Prize cannot be awarded as stated. The Sponsor will withhold and/or report taxes as required by the applicable law of the Sponsor’s jurisdiction and the Winner’s jurisdiction. All decisions of the Sponsor regarding the Sweepstakes and the application of these Rules are final and binding.
3.4 The Sweepstakes is open only to legal residents of the United States (excluding its territories, commonwealths, or possessions) and the District of Columbia Territory”) who are eighteen (18) years of age or older (except in the case of legal residents of certain states/territories where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) with a valid Instagram or public Twitter account, as applicable, at the time of entry. The officers, directors and employees of the Sponsor, its subsidiaries and affiliated companies, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for these Sweepstakes, and the immediate family members (grandparent, parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate. The Sponsor’s officers, directors, employees, agents or representatives are not responsible for entries from persons residing, or physically located, outside the Territory. By participating, each Participant agrees to abide by these Rules and the decisions of the Sponsor, which are final and binding in all respects.
One (1) Participant will be chosen as the winner of the “Prize”. The “Prize” is (i) the opportunity to throw the first pitch at the Giants Baseball game on May 29, 2015; (ii) four (4) VIP tickets to the Giants game on May 29, 2015; and (iii) two (2) free Lyft rides to and from the game on May 29, 2015 (within the city of San Francisco). The Prize is valued at approximately ($400) USD.
5. Publicity Release.
By participating in this Sweepstakes each Participant agrees that Lyft may film and photograph Winner and record such Winner’s voice and image, including any performance or recitation or delivery of any creative work (the “Material”). The Winner acknowledges that Lyft will be the sole and exclusive owner of the Material and that Lyft may edit the Material as they see fit and use the Material or any part of it throughout the world in all media now known or hereafter devised, an unlimited number of times in perpetuity without payment of any compensation or further permission or notice. To the extent that ownership rights in the Material do not automatically vest in Lyft, Winner hereby assigns to Lyft all present and future right, title and interest in all proprietary rights, including but not limited to copyright, whether now known or in the future created, throughout the world in the Material. The Winner agrees to waive for the benefit of Lyft and all assignees, licensees and sub-licensees of Lyft, any and all moral rights or similar rights which the Winner has or obtains in the future, any underlying copyright material and in relation to any copyright material created by the Winner.
5.1 The Material, Winner’s name, voice, likeness, image and any biographical or other material Winner supplies to Lyft may also be used by Lyft and its licensees and assigns to promote or advertise Lyft in all media throughout the world and in perpetuity. Any statements Winner makes that are recorded shall be, to the best of Winner’s knowledge, true and will not violate anyone’s rights. The Winner understands that Lyft does not promise to use the Material. The Winner understands that no fee is payable to Winner (or any person associated with Winner) now, or at any time in the future in connection with the use of the Material.
5.2 The Winner hereby waives any right of inspection or approval of Winner’s appearance and personal information or the uses to which such appearance and personal information may be put. The Winner hereby agrees not to assert a claim of any nature whatsoever against anyone, including Lyft or any person or entity associated to the exercise of the permissions granted hereunder. If Lyft breaches any term of these Rules, the Winner will not seek injunctive relief. The Winner agrees that his/her sole remedy is the right to recover damages. The Winner hereby releases and discharges Lyft and Apple, Inc. from any and all claims arising out of or under this Sweepstakes or the Material. By participating, the Winner acknowledges that he/she has not granted any other person or entity the exclusive right to use the Material and that the use of the Material shall not infringe or violate the rights of any third party.
By entering into this Sweepstakes, Participants agree to be bound by these Rules and the decisions of the Sponsor, which shall be final and binding in all respects. These Rules are accessible on the Sweepstakes Webpage throughout the Sweepstakes Period. Failure to comply with these Rules may result in disqualification.
7. General Conditions.
The Prize is awarded “as is” with no warranty or guarantee, either express or implied by the Sponsor. The Prize is not transferable, redeemable for cash or substitutable except by the Sponsor, who reserves the right to substitute the Prize (or portion thereof) for a prize of comparable or greater value, at its sole discretion. All Prize details not covered by these Rules are at the Sponsor’s sole discretion. By entering the Sweepstakes and/or accepting the Prize you may win, Winner agrees that he or she has all rights, permissions and consents necessary to grant the rights to the Sponsor as expressed herein and will abide by and be bound by the Rules and the Sponsor’s decisions.
7.1 The Sponsor reserves the right, in its sole discretion, to modify these Rules or to cancel, modify, terminate or suspend these Sweepstakes; and in such event, to select the Winner by random drawing. The Sponsor reserves the right to cancel or modify these Sweepstakes if fraud, technical failures or any other factor beyond its reasonable control impairs the integrity of these Sweepstakes, as determined by the Sponsor in its sole discretion. In such event, the Sponsor reserves the right to award the Prize at random from among the remaining eligible entries received up to the time of the impairment of the applicable Sweepstakes. The Sponsor reserves the right, in its sole discretion, to disqualify any individual they find to be tampering with the entry process or the operation of these Sweepstakes or to be acting in violation of these Rules or any other promotion, or in an unsportsmanlike or disruptive manner. The Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
7.2 By participating in this Sweepstakes, each Participant hereby acknowledges that they have read, accept, and agree to be bound by these Official Rules (these “Rules”). Notwithstanding anything contained in these Rules, each Participant further acknowledges that his or her use of the Lyft platform in connection with these Sweepstakes is governed by and subject to the Lyft Terms of Service located at www.lyft.me/terms. The Sponsor shall determine, in its sole discretion, if any Participant shall be disqualified for any reason, and all decisions of disqualification by the Sponsor are final. Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules for any reason, including without limitation due to (a) loss, interruption or unavailable network, server, website or other connections; (b) miscommunications; (c) undeliverable emails resulting from any form of active or passive email filtering; (d) insufficient space in Participant’s email account to receive email; or (e) other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Sponsor, will be disqualified. Void where prohibited and subject to all applicable federal, state, local and municipal laws and regulations.
7.3 In the event of a dispute as to any entry, the authorized account holder of the email address and/or phone number used to participate in the Sweepstakes will be deemed to be the Participant. The Winner may be required to show proof of being the authorized account holder. The authorized account holder is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR,WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS SWEEPSTAKES. AN ENTRANT IS NOTA WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’SELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THATVERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT ALTERNATIVE EVIDENCE OF WINNING IN LIEU OF ITSVALIDATION PROCESS.
8. Limitations of Liability.
By receipt of any Prize, the Winner agrees to release and hold harmless the Sponsor and its respective affiliated companies, franchisees, Facebook, Apple, Inc., and each of their respective officers, directors, employees, representatives and agents (the “Releasees”) from and against any claim or cause of action arising out of participation in these Sweepstakes or receipt, acceptance or use or misuse of the Prize (including all physical injuries resulting from use of or participation in the Prize award). Releasees are not responsible for typographical or other errors in the offer or administration of these Sweepstakes, including but not limited to errors in the advertising, Rules, selection and announcement of the Winner and distribution of the Prize. The Sponsor is not responsible for, and Participant hereby releases the Releasees from, any claims arising from: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention in any part of the entry process or these Sweepstakes; (5) electronic or human error which may occur in the administration of these Sweepstakes or the processing of entries; or (6) any injury or damage to persons or property, including but not limited to Participant’s computer or mobile device, which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in these Sweepstakes or from downloading or accessing any material, regardless of whether the material was prepared by the Sponsor or a third party, and regardless of whether the material is connected to the Sweepstakes by a hypertext link. If for any reason an Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in the applicable Sweepstakes, if such Sweepstakes have not been discontinued for any reason. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes set forth in these Rules to be available and/or claimed, the Sponsor reserves the right to award only the stated number of prizes by a random drawing from among all remaining legitimate, un-awarded, eligible prize claims.
Except where prohibited, Participants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with these Sweepstakes, or any Prize awarded, or the determination of the Winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) under no circumstances will Participant be permitted to obtain awards for and Participant hereby waives all rights to claim 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. If Participant cannot be bound to arbitration according to local laws, all disputes, claims, and causes of action shall be resolved individually, without resort to any form of class action, in an action in a State or Federal court located in San Francisco, California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of an Participant and/or the Sponsor in connection with these Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine of any jurisdiction.
10. Winner Information.
For the Winner’s names, mail a request and a self-addressed, stamped envelope to be received by May 31, 2015, to: First Pitch Winners List c/o Lyft, Inc., 548 Market Street #68514, San Francisco, California 94104.
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