No purchase necessary to enter or win. Void where prohibited or restricted by law. This promotion is not sponsored, endorsed, or administered by, or associated with Instagram, or any other social network or platform. You understand that you are providing your information to Sponsor, and not to Instagram or other social network or platform.
1. ELIGIBILITY: The Drive Into Summer Giveaway (the “Giveaway”) is administered and sponsored by Getaround, Inc (“Getaround”). The Giveaway is designed to award up to $500 in Getaround credit (which can be used for Rentals). The Giveaway is subject to all applicable federal, state and local laws and regulations. Employees, officers, directors and agents of Getaround (and their immediate families—children, spouse, parents, siblings—and those living in their same households whether or not related) are not eligible to enter on behalf of an organization. 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 Giveaway is open to both members and non-members of Getaround who are at least 18 years old. The eligibility of any Entrant is at the sole discretion of Getaround. By participating in this Giveaway, each Entrant hereby acknowledges that they have read, accept and agree to be bound by these Official Rules.
2. CONTEST ENTRY PERIOD: Enter between June 2, 2016 12:00 AM PT (Pacific Time) and September 5, 2016 11:59 PM PT (Pacific Time). Entries must be received and recorded on Instagram during the Entry Period.
3. CONTEST ENTRY GUIDELINES: To enter, Entrants must do the following:
- Follow Getaround’s Instagram account @Getaround.
- Take a photo documenting the completion of at least one (1) item on the bucket list provided.
- Share the photo via Instagram, tag @getaround, and use the official contest hashtag #DriveIntoSummer in order to be eligible.
All Entries are subject to the terms and conditions of these Rules. All Entries must be in English. Entries that are not received during 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 Getaround of any and all right, title and interest in the Entry. Any Entry that, in the sole opinion of Getaround 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 Getaround. The Entry cannot have been submitted previously in a promotion or contest of any kind or exhibited or displayed publicly through any means previously. The Entry must not contain brand names or trademarks with the exception of the Getaround trademark. 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. JUDGING: Following the Entry Period, the Entries will be judged by a panel of Getaround employees (the “Panel”). Each Entry will be judged, in the judges’ sole discretion, based on the criteria of skill, originality, and relevant. Getaround reserves the right to judge which photo is the winning submission. Odds of winning a prize depend on the number of eligible entries received.
The decisions of Getaround are final on all matters relating to this Giveaway. Each Winner will be notified by the official @Getaround Instagram by September 12, 2016 (“Notification”). Each Winner will be required to respond (as directed) within twenty-four hours after attempted Notification. Each Winner’s failure to respond timely to the Notification may result in forfeiture of a prize, and in such case, Getaround may select an alternate Winner from among the remaining eligible entries. Winners may be sent a declaration of eligibility / liability / publicity release (“Release”). Except where prohibited by law, the Release will state that a Winner agrees to allow Sponsor to use (without additional compensation) his or her name, address, photograph, testimonial, likeness and/or biographical information for purposes of advertising and promotion (including, without limitation, posting on Getaround’s website(s) and affiliated website(s)). Winners may also be required to provide name, U.S. Social Security Number (for tax form purposes), birth date, current address, and phone number. Unless restricted by law, Winners will be required to complete and return the Release within the time period specified therein. A prize may be forfeited, and in such case, an alternate Winner may be randomly selected from among the remaining eligible entries if a Winner (up to three times): (i) cannot be reached; (ii) does not respond to the Notification in a timely manner as required pursuant to these Official Rules; (iii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iv) cannot accept or receive a prize for any reason. Non-compliance with these Official Rules may result in disqualification and selection of an alternate Winner. The first and last name, social media handle, hometown, state, name of business and company logo of Winner may be announced and posted on Sponsor’s and its affiliates’ online websites and social media pages (such as Facebook, Twitter, and Instagram) and may potentially be aired or streamed nationally, in Getaround’s discretion.
5. CONTEST PRIZES: The Entrants selected by the Panel (the “Winners”) will be awarded Prizes as follows:
- Each week during the Entry Period the Panel will award one Entrant $25 in Getaround driving credit.
- At the end of the Entry Period, the Panel will award one Entrant $500 in Getaround driving credit. The selected Entrant must have submitted at least five (5) eligible images.
Form of payment and delivery of all prizes above shall be at Getaround’s sole discretion. Total Approximate Retail Value (“ARV”) of the prizes are as stated above. Driving credit subject to Getaround’s Terms of Service.
Eligibility, age, and any and all other claims shall be subject to verification prior to the actual awarding of a prize. All details regarding redemption of a prize are at Getaround’s sole discretion and will be provided at the time of Winner’s Notification.
Winners are solely responsible for any other unspecified expenses related to the prize, including without limitation and any and all federal, state, and local taxes on prize. Winner is not entitled to any surplus between actual retail value of a prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded.
No substitution, transfer, or cash redemption of prize, or cash for any portion of prize not used, shall be given, provided however that Getaround reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Any and all activities related to a prize are at each Winner’s own risk and subject to whatever restrictions are imposed by the entities that govern 4849-1160-8106.v1 activities. If a Winner is unable to participate in or accept the prize or any portion of the prize for any reason, Getaround shall have no further obligation to the Winner. Limit one prize per person per household.
6. GENERAL CONDITIONS: By entering, each Entrant agrees to release and hold Getaround 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 Giveaway or any Giveaway-related activities, or (iii) use of the Entry or any video in any manner. Except where legally prohibited, the Winner grants (and will confirm that grant in writing) permission to Getaround, exercised in their sole discretion, the right to use the Winner’s name, pictures, likeness, voices, biographical information and Entry (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, (ii) the Entrant has received permission from his or her employer Eligible Organization to submit an Entry to be used as set forth in these Rules, and (iii) 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 a video, the Entrant grants permission for Getaround to publish, post, display, and otherwise use the Entry and/or the video in any form, in any manner, and in any media deemed appropriate by Getaround, without compensation of any kind to Entrant. Getaround reserves the right to correct typographic, clerical or printing errors in any Giveaway materials. Getaround is not responsible for any typographical or other error in the printing of this Giveaway, the administration of the Giveaway or in the announcement of the Prize, including such error as may give an erroneous indication that a Prize has been won.
Getaround is not responsible nor 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, incomplete, 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. Getaround may, at its sole discretion, disqualify any individual who tampers with any Entry or with the operation of the Giveaway, 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. If, for any reason, the Giveaway is affected by any computer virus, worm, bug, tampering, hacking, unauthorized intervention, fraud, technical failure or other cause which, in the sole opinion of Getaround, corrupts or otherwise affects the administration, security, fairness, integrity or proper conduct of this Giveaway, Getaround may in its sole discretion cancel, terminate, modify, or suspend the Giveaway, and may determine winner(s) from Entries already received or as otherwise deemed fair and equitable by Giveaway.
7. LIABILITY LIMITATIONS: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GETAROUND 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.
8. DISPUTES: Disputes regarding these Official Rules and/or this Giveaway will be governed by the internal laws of the State of California. By entering, you consent to jurisdiction in San Francisco, California for the resolution of any and all disputes. Should a dispute arise regarding the Giveaway, Entrant and Getaround shall engage in good faith, informal dispute resolution for a minimum period of thirty (30) days to resolve the dispute. Should the Entrant and Getaround fail to resolve their dispute informally, they shall engage in mediation with JAMS, at their joint and equal expense. Should the mediation fail to resolve the dispute, Entrant and Getaround shall thereafter engage in binding arbitration with JAMS. To ensure minimal cost, the arbitration shall be in front of a single arbitrator and shall be conducted in accordance with JAMS’ Optional Expedited Arbitration Procedures. The binding arbitration shall be at Getaround and Entrant’s joint and equal expense, with attorneys’ fees and costs to the prevailing party upon conclusion.
10. WINNERS’ LIST AND CONTEST RULES. To obtain a copy of these official rules or a winners list within 90 days of the end of the Giveaway Period send a hand-printed, self-addressed, stamped envelope to Getaround, Inc., 1177 Harrison Street, CA 94109.