NUTritionPB / ZIPCAR EVERYDAY LOCAL ADVENTURES ZIPSTAGRAM CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. ELIGIBILITY: NUTritionPB / Zipcar Every Day Local Adventures Zipstagram contest (the "Contest") is only open to persons who are 21 years of age or older at the time of entry and who are legal residents of the continental United States or the District of Columbia, excluding Alaska, Hawaii, U.S. Territories and Puerto Rico. The Contest is subject to all applicable federal, state, provincial and local laws and regulations. Employees, officers, directors and agents of Zipcar, Inc. ("Zipcar"), its Affiliates (and their immediate families—children, spouse, parents, siblings—and those living in their same households whether or not related) and Kraft Foods Group, Inc. ("Prize Provider") and its Affiliates are not eligible; "Affiliates" includes all entities associated with Zipcar for purposes of this Contest. By participating, each entrant ("Entrant") agrees to be bound by these Official Rules (the "Rules") and the decisions of the judges, if applicable, which are final and binding in all respects. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entry into the Contest is open to both members and non-members of Zipcar; purchase of a Zipcar membership is not necessary to enter the Contest and a purchase will not improve the ability of an Entrant to win. Winning the Contest is, however, contingent upon the entrant meeting the Zipcar membership eligibility criteria as detailed here (click and then select one of our cities for the eligibility requirements). Any Entrant selected as a winner who fails to meet the eligibility criteria will be disqualified and Zipcar shall select an alternative winner. Proof of age, address and Zipcar membership eligibility is required before a prize winner can claim the prize. The eligibility of any entrant is at the sole discretion of Zipcar. It is the responsibility of the entrant to ensure they meet all eligibility criteria and can provide any required evidence of their eligibility.
2. CONTEST ENTRY PERIOD: The Contest Entry Period begins at 12:01 a.m. Eastern Time ("ET") on October 9, 2012 and ends at 11:59:59 a.m. ET on November 16, 2012 (the "Entry Period"). Entries must be received and recorded on www.zipstagram.com during the Entry Period.
3. CONTEST ENTRY GUIDELINES: Participants are invited to submit an entry (each, an "Entry") to the Contest as follows:
- Download instagram and check into local adventures (each, a "Local Adventure");
Go to a Local Adventure and
- Take a picture of yourself at the Local Adventure
- geotag your picture, (cities participating: Atlanta, Austin, Baltimore, Boston, Chicago, Los Angeles, New York, Philadelphia, Pittsburgh, Portland, OR, Providence, San Francisco, Seattle, Washington DC)
- upload a photo at the Local Adventure site, and
- Caption the photo – caption must include #NUTritionPB and #zipcar.
Zipcar will choose as winners those Entries that display the most adventurous spirit. In the event of a tie, tied entries will be re-judged on the basis of creativity.
All Entries are subject to the terms and conditions of these Rules. All Entries must be written in English. Entries that are not received by the end of the Entry Period or that do not comply with these Rules will be ineligible. Entry in this Contest constitutes Entrant’s irrevocable assignment, conveyance and transference to Zipcar of any and all right, title and interest in the Entry. Any Entry that, in the sole opinion of Zipcar, is considered inappropriate, obscene, indecent, hateful, tortuous, defamatory, slanderous, libelous, objectionable, promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age or any other status protected by law will be deemed ineligible, or is otherwise objectionable will be ineligible. Entries received without the appropriate information will not be accepted. Entrants must be the sole copyright owner of the Entry submitted and the Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. All Entries and materials submitted become the property of Zipcar and will not be acknowledged or returned. The Entry cannot have been submitted previously in a promotion or contest of any kind or exhibited or displayed publicly through any means previously. Entrant must have received consent of all parties displayed or named in the Entry. The Entry must not contain brand names or trademarks with the exception of the Zipcar brand or trademarks. The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Entry is created.
4. TO PARTICIPATE: To enter the Contest, follow the contest entry guidelines in Section 3 above during the Entry Period, and submit your Entry. An Entrant may submit only one entry per Local Adventure during the Entry Period
5. JUDGING: Following the Entry Period, the Entries will be judged by a panel of Zipcar judges. Each Entry will be judged, in the judges’ sole discretion, on how well the Entry conveys the Entrant’s sense of adventure. No more than two hundred (200) Entrants will be selected as winners. In the event of a tie, tied entries will be re-judged on the basis of originality and creativity.
6. CONTEST PRIZES: Up to two hundred (200) prizes (the "Prizes") will be awarded. Prizes will consist of $25 in Zipcar driving credit (subject to certain restrictions).
A grand prize of "Zipcar driving for up to a year" (subject to certain restrictions and which will be awarded as Zipcar driving credit of $2,400 over the course of a year in $200 increments at the beginning of each month, each $200 incremental driving credit award to expire at the end of the month in which it is awarded) (the "Grand Prize") will be awarded to the Entrant who submits the most Entries (but only one Entry may be submitted per Local Adventure).
The winners of the Prizes will be announced on www.zipstagram.com on or about November 19, 2012 and the winner of the Grand Prize will be announced on www.zipstagram.com on or about November 19, 2012. The winners will be notified at the email address provided to Zipcar within fourteen (14) days following the Judging Period. If a winner does not meet Zipcar’s membership criteria, the winner will be disqualified and another, alternate winner from amongst the finalists or the Entrants will be selected.
All winners will be required to complete, sign and return an Affidavit of Eligibility/ Ownership/Liability Release and Publicity Release (the "Affidavit") within 24 hours of notification in order to receive the prize, except where prohibited. Some restrictions apply. All taxes or expenses, including without limitation, sales tax, luxury tax and any other costs incurred in claiming or using the prize are the sole responsibility of the winner as are as all costs incurred in entering the Contest or using or enjoying the prize, such as any administrative costs, insurance and spending money are (unless specifically stated otherwise). All Entrants should consult with their tax advisors to determine the tax treatment of the prizes. No prize substitutions or cash equivalent of prize is permitted. Prizes are non-transferable. Potential winners will be notified by phone and/or e-mail. By entering, Entrants give their express permission to be contacted by Zipcar by phone, mail or e-mail. If any prize notification is returned as undeliverable, or if winner does not respond to notification within 24 hours of the date of notification, prize will be forfeited and the judges may select an alternate winner. In the event of noncompliance with these requirements, the prize will be forfeited and the judges may select an alternate winner. If any prize notification is returned as undeliverable, prize will be forfeited and an alternate winner(s) may be selected. No more than the stated prizes will be awarded. Unclaimed prizes may not be awarded.
8. GENERAL CONDITIONS: By entering, each Entrant agrees to release and hold Zipcar, Prize Provider, each of their Affiliates, and their respective officers, directors, employees, representatives, contractors, and agents of each such entity harmless from any and all liability whatsoever for any injury, loss, or damage of any kind to any person or property resulting from (i) acceptance, possession, or use of any prize, (ii) participation in this Contest or any Contest-related activities, or (iii) use of the Entry in any manner. Except where legally prohibited, the Winners grant (and will confirm that grant in writing) permission to Zipcar and its Affiliates, exercised in their sole discretion, the right to use the Winners’ names, pictures, likeness, voices, biographical information, Entries and photos (whether altered, changed, modified, edited, used alone, or used with other works) at any time, in any form, in any media, without compensation of any kind and without notice, review, or approval. By submitting an Entry, each Entrant warrants that (i) the Entry does not violate any law or regulation or any right of any third party, including those laws, regulations, and rights related to copyrights, trademarks, publicity, or privacy, and (ii) the Entrant has followed the Rules and has the right to grant the rights to a content as provided in these Rules.
Further, by submitting an Entry and/or photos, the Entrant grants permission for Zipcar and its Affiliates to publish, post, display, and otherwise use the Entry and/or photos in any form, in any manner, and in any media deemed appropriate by Zipcar or its Affiliate, without compensation of any kind to Entrant. In the event Zipcar is prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within Zipcar’s control (each a "Force Majeure" event) Zipcar shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. If Zipcar, in their discretion, elects to abbreviate, cancel or terminate the Contest as a result of a Force Majeure event, Zipcar reserves the right, but shall have no obligation, to award the Prize from among all valid and eligible entries received up to the time of such Force Majeure event. Zipcar reserves the right to correct typographic, clerical or printing errors in any Contest materials. Zipcar is not responsible for any typographical or other error in the printing of this Contest, the administration of the Contest or in the announcement of the Prize, including such error as may give an erroneous indication that a Prize has been won.
None of Zipcar, Prize Provider or their Affiliates are responsible or otherwise liable in any manner for any (i) lost, late, stolen, illegible, misdirected, non-delivered, or improperly captured Entry, (ii) lost, interrupted, or unavailable satellite, network, server, or other connection, (iii) accessibility or traffic congestion, miscommunication, or failed computer, network, telephone, satellite, cable, transmission line, or communication line, (iv) technical failure, malfunction, or difficulty, whether related to software or hardware, (v) jumbled, scrambled, delayed, or misdirected transmission, (vi) incorrect, ncomplete, or inaccurate information, (vii) unauthorized access to, tampering with, or hacking into any website or electronic device, or (viii) other error, omission, interruption, deletion, defect, or delay of any kind whether human, mechanical, electronic or network. Zipcar may, at its sole discretion, disqualify any individual who tampers with any Entry or with the operation of the Contest, who acts in violation of these Rules or otherwise in a non-sportsmanlike or disruptive manner, or who displays any intent to threaten, abuse or harass any other person. Votes generated by a robotic, programmed, script, macro or other automated means will be disqualified. The use of exchange programs (in which Entrants purchase or barter for votes from third party companies or groups) will be deemed a violation of these Rules. The Contest is designed for Entrants to generate support for their Entries from friends and peers. Zipcar monitors votes and reserves the right to disqualify an Entry in the event irregular or suspicious behavior is detected. If, for any reason, the Contest is affected by any computer virus, worm, bug, tampering, hacking, unauthorized intervention, fraud, technical failure or other cause which, in the sole opinion of Zipcar, corrupts or otherwise affects the administration, security, fairness, integrity or proper conduct of this Contest, Zipcar may in its sole discretion cancel, terminate, modify, or suspend the Contest, and may determine winner(s) from Entries already received or as otherwise deemed fair and equitable by Zipcar. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Zipcar reserves the right to seek damages from any such person to the fullest extent permitted by law. Zipcar’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. In the event of a dispute regarding Entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of the Entry used to enter will be deemed to be the Entrant and must comply with these Rules. Authorized account subscriber is the natural person who is assigned to the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
9. LIABILITY LIMITATIONS: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZIPCAR, PRIZE PROVIDER OR THEIR AFFILIATES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE CONTEST, INCLUDING ANY ACCESS TO OR USE OF THE WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
10. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and shall be submitted to final, binding arbitration heard by a single arbitrator in accordance with the then-current rules of the American Arbitration Association (2) any arbitration shall be conducted in English, in Boston, Massachusetts; (e) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (4) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Zipcar in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), ' which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
12. WINNERS LIST: To request the name of the winners, mail a self-addressed stamped envelope in a first class stamped envelope to: NUTritionPB / Zipcar Everyday Local Adventures Zipstagram Winners List, Attn: Marketing Department, Zipcar, Inc. 25 First Street, Cambridge, MA 02141.
13. OFFICIAL RULES: For a printed copy of the Official Rules, send a stamped, self-addressed envelope (VT residents need not affix return postage) to: NUTritionPB / Zipcar Everyday Local Adventures Zipstagram, Attn: Marketing Department, Zipcar, Inc. 25 First Street, Cambridge, MA 02141.
14. You are providing your information to Zipcar and will only be used for Zipcar.
SPONSOR: Zipcar, Inc., 25 First Street, Cambridge, MA 02141.
© 2012 Zipcar, Inc. All rights reserved.