Gold Glovebox Promotion Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN, AND NO ENTRY FEE, PAYMENT, OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE IN THIS PROMOTION. THIS PROMOTION 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 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 PROMOTION, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.
This Promotion is in no way sponsored, endorsed, or administered by, or in association with, Apple, Inc., any MLB Entity 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 Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
This Promotion 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. Promotion Period and Description of Promotion.
The Gold Glovebox Promotion (the “Promotion”) shall commence at 9:00 a.m. Pacific Time (“PT”) on April 5, 2015, (the “Start Date”) and will continue through 11:59 p.m PT on April 6, 2015 (the “End Date”). The period from the Start Date to the End Date shall be known as the “Promotion Period.” Notice of Promotion will be posted on Sponsor’s Promotion webpage located at: http://blog.lyft.com/gold-glove-box-terms (the “Promotion Page”).
3. Winner Determination and Requirements.
All eligible participants (“Participants”) entering the Promotion must comply with all terms and conditions of these Rules. During the Promotion Period, Participants may enter by taking a Lyft ride in Miami, Phoenix, Tampa, Philadelphia, Chicago, Cincinnati, Milwaukee, Detroit, Seattle, LA, Washington, D.C., New York City, or Oakland on April 5, 2015 or April 6, 2015. Participants may also participate by mailing in to Sponsor’s address (548 Market Street #68514, San Francisco, California 94104) a three by five (3 x 5) postcard with their handwritten name, phone number, email address, city of residence, and the code “Gold Glovebox Promotion”. Mail-in entries must be postmarked by no later than April 7, 2015 and received by Sponsor by April 13, 2015, to be eligible. Mail-in entries become the property of Sponsor and will not be returned.
3.1 The potential winners of the prizes will be determined by random (based on distribution of Prizes in select Lyft rides) or by random drawing for mail-in entries on or about April 15, 2015 (“Drawing Date”) from among all eligible mail-in entries received. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winners of the prizes will be declared the official winners of the Promotion (each a “Winner” and collectively the “Winners”) 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 Each Winner will be notified 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 forty-eight (48) 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 forty-eight (48) 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 Each 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 Promotion and the application of these Rules are final and binding.
3.4 The Promotion is open only to legal residents of the United States (excluding its territories, commonwealths, or possessions) and the District of Columbia (the “Territory”) who are eighteen (18) years of age or older (except in the case of legal residents of certain states 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 MLB Entities (defined below), Sponsor, its subsidiaries and affiliated companies, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Promotion, 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 “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs (“Clubs”), MLB Advanced Media, L.P., (“MLBAM” or MLB.com”) Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. 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.
Sixty (60) Participants will be chosen as the Winners of the “Prize”. Each “Prize” is one of the following possible prizes: one (1) $10 Lyft ride credit voucher, one (1) $20 MLB.com Shop gift card, one (1) $80 MLB.com Shop gift card, one (1) pair of MLB regular season game tickets (i.e., two (2) tickets for a game during the regular season), one (1) “surprise” prize valued at $500 USD. There will be a total of twenty four (24) $10 Lyft ride credit vouchers, twenty (20) $20 MLB.com Shop gift cards, ten (10) $80 MLB.com Shop gift cards, five (5) pairs of tickets for a game during the regular season, and one (1) surprise prize. The value of the Prizes range from approximately ($10) USD – ($500) USD. If the Prize is tickets, the Prize value may vary depending on Winner’s choice of Club. Any difference in Prize value will not be awarded. Sponsor may notify the Winner of the value of the Prize on the Prize (tickets) themselves or otherwise in writing. TRANSPORTATION TO/FROM THE GAMES AND LODGING AND PARKING NOT INCLUDED. Seat locations at the game shall be determined in the sole discretion of Sponsor. Winner’s companions must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. The Prize Winner and his/her guest(s) agree to comply with all applicable ballpark regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the Prize Winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Releasees (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale. Any such resale may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game ticket(s).
5. Publicity Release.
By participating in this Promotion 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 and the MLB Entities 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 neither Lyft nor the MLB Entities 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 Each 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. Each Winner hereby agrees not to assert a claim of any nature whatsoever against anyone, including Lyft, the MLB Entities 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. Each Winner agrees that his/her sole remedy is the right to recover damages. Each Winner hereby releases and discharges Lyft, the MLB Entities and Apple, Inc. from any and all claims arising out of or under this Promotion 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 Promotion, 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 Promotion Webpage throughout the Promotional 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 or the MLB Entities. 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 Promotion 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 and the MLB Entities 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 this Promotion; and in such event, to select the Winner by random drawing. The Sponsor reserves the right to cancel or modify this Promotion if fraud, technical failures or any other factor beyond its reasonable control impairs the integrity of this Promotion, 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 Promotion. 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 this Promotion 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 Promotion, 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 this Promotion 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 Promotion 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 PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION 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 ALTERNATIVE EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION 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, the MLB Entities, 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 this Promotion or receipt, acceptance or use or misuse of the Prize. Releasees are not responsible for typographical or other errors in the offer or administration of this Promotion, 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 this Promotion; (5) electronic or human error which may occur in the administration of this Promotion 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 this Promotion 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 Promotion 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 Promotion, if such Promotions 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 this Promotion, 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 Promotion 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 this Promotion, 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 January 2, 2015, to: Golden Glovebox Promotion Winners List c/o Lyft, Inc., 548 Market Street #68514, San Francisco, California 94104.
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