Lyft Passenger New York Referral Contest
THIS CONTEST 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 CONTEST, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.
This Contest is in no way sponsored, endorsed, or administered by, or in association with, Apple, Inc., or any 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 Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
This Contest is sponsored by Lyft, Inc. (the “Sponsor” or “Lyft” or “Judges”), who may be contacted through our Help Center at www.lyft.com/help or by mail at 185 Berry St., Suite 5000, San Francisco, CA 94107.
2. Contest Period and Description of Contest.
The Lyft Passenger New York Referral Contest (the “Contest”) shall commence at 12:00am Eastern Time (“ET”) on September 22, 2016, (the “Start Date”) and will continue through 11:59pm on September 30, 2016 (the “End Date”). The period from the Start Date to the End Date shall be known as the “Contest Period.” Notice of Contest will be posted on Sponsor’s Contest webpage located at: blog.lyft.com/lyft-passenger-nyc-referral-contest (the “Contest Page”).
3. Winner Determination and Requirements.
All eligible participants (“Participants”) entering the Contest must comply with all terms and conditions of these Rules. Individuals with Lyft driver or ambassador accounts are not eligible to participate in this contest. Only individuals with New York Lyft passenger accounts in good standing are eligible to participate in this contest as a Participant (“New York passenger accounts” will constitute all users with over 75% of their Lyft rides occurring in New York over the 90 days prior to the Contest Period, as determined by Lyft). During the Contest Period, Participants may enter by referring new passengers to the Lyft platform (“Eligible Referrals”). In order to qualify as an Eligible Referral of Participant, the Participant must (i) supply the referred user with the Participant’s unique Lyft referral code, (ii) the referred user must enter the Participant’s unique Lyft referral code when they create their Lyft account during the Contest Period, and (iii) the referred user must take a ride on the Lyft platform using their new account during the Contest Period. If the referred user completes these steps during the Referral Period, they will count as an Eligible Referral of Participant and one (1) Contest entry (“Entry”). Maximum of 100 entries per Participant. Participation in the Contest is subject to Lyft’s terms of service (www.lyft.com/terms) and referral program terms (www.lyft.com/invite-terms).
3.1 Following the Contest Period, Lyft shall count the number of successful Entries from all eligible Participants. There will be twelve (12) winners of the Contest based on which Participants have the greatest number of Entries during the Contest Period. In the event that Participants are tied for particular prize eligibility, Lyft will select the Winner for the best available Prize from the tied Participants, and any Participants who do not receive such prize will be eligible for the next prize tier, if applicable. In no event will Lyft provide more than the number of prizes stated above. Subject to verification of eligibility and compliance with the terms of these Official Rules, the eligible Participants that submitted the Winning Entries, as determined by the Judges, will be declared the official winners of the Contest (each, a “Winner” and collectively, the “Winners”). The Winners will be chosen on or around October 1, 2016.
3.2 Each potential winner will be notified by phone and/or email and in order to claim the Prize, each potential 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 potential 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 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 from among all remaining eligible Entries. Limit one (1) Prize per person, family or household.
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 a 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 each Winner’s jurisdiction. All decisions of the Sponsor regarding the Contest and the application of these Rules are final and binding.
3.4 The Contest 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/territories where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) with a valid Facebook, Instagram or public Twitter account, as applicable, at the time of entry. 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.
There will be twelve (12) total prizes awarded. The Participant with the most Eligible Referrals will be the Winner of the Grand Prize. The Grand Prize is Lyft Credit in the amount of $500. The Participant with the second most Eligible Referrals will be the Winner of the Runner Up Prize. The Runner Up Prize will be Lyft Credit in the amount of $250. The Participants who finish with the 3rd through 12th number of Eligible Referrals will each receive a prize (‘Prize’) of Lyft Credit in the amount of $75. In the event that Participants are tied for particular prize eligibility, Lyft will select the Winner for the best available Prize from the tied Participants, and any Participants who do not receive such prize will be eligible for the next prize tier, if applicable. In no event will Lyft provide more than the number of prizes stated above. Lyft credit is only redeemable for use on the Lyft platform and is not transferable or redeemable for cash. All Lyft Credit prizes will expire following twelve (12) months upon issuance.
5. Publicity Release.
By participating in this Contest 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”). Each 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. Each 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 such Winner has or obtains in the future, any underlying copyright material and in relation to any copyright material created by such 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. Each Winner understands that Lyft does not promise to use the Material. Each Winner understands that no fee is payable to Winner (or any person associated such 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 or any person or entity associated to the exercise of the permissions granted hereunder. If Lyft breaches any term of these Rules, each Winner will not seek injunctive relief. The Winner agrees that his/her sole remedy is the right to recover damages. Each Winner hereby releases and discharges Lyft, and Apple, Inc. from any and all claims arising out of or under this Contest or the Material. By participating, each 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 Contest, 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 Contest Webpage throughout the Contest 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 Sponsor. The Prizes are 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 Contest and/or accepting the Prize, each Winner agrees that he or she has all rights, permissions and consents necessary to grant the rights to 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 this Contest; and in such event, to select the Winner according to the judging criteria set forth above. The Sponsor reserves the right to cancel or modify this Contest if fraud, technical failures or any other factor beyond its reasonable control impairs the integrity of this Contest, as determined by the Sponsor in its sole discretion. In such event, the Sponsor reserves the right to award the Prize according to the judging criteria set forth above from among the remaining eligible Entries received up to the time of the impairment of the Contest. 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 Contest 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 Contest, 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 Contest is governed by and subject to the Lyft Terms of Service located at www.lyft.com/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 Contest 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 CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST 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, each Winner agrees to release and hold harmless the Sponsor and its respective affiliated companies, franchisees, Facebook, Instagram, 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 Contest 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 Contest, including but not limited to errors in the advertising, Rules, selection and announcement of the Winner and distribution of the Prizes. 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 Contest; (5) electronic or human error which may occur in the administration of this Contest 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 Contest 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 Contest 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 Contest, if such Contest has 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 according to the judging criteria.
Except where prohibited, Participants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any Prize awarded, or the determination of the Winners, 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 Contest 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 Contest, 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 Winners’ names, mail a request and a self-addressed, stamped envelope to be received by December 30, 2016 to: Lyft Passenger New York Referral Contest Winners List c/o Lyft, Inc., 185 Berry St., Suite 5000, San Francisco, CA 94107.
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© 2016 LYFT