GIG Car Share/Bay Area Gig to School 2023 Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE GIG CAR SHARE/BAY AREA GIG TO SCHOOL 2023 SWEEPSTAKES (THE “SWEEPSTAKES”), YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES, BINDING ARBITRATION OF CLAIMS, WAIVER OF CLASS ACTION CLAIMS, AND WAIVER OF THE RIGHT TO TRIAL BY JURY.
As described in more detail below, eligible individuals may submit one Sweepstakes entry per day from 9/5/2023 through 9/30/2023 (“Sweepstakes Period”) one of two ways: a) by entering a promotional code in the Gig app, and taking trips in a Gig vehicle that originate in Gig Bay Area HomeZones; or b) by sending an email to [email protected] during the Sweepstakes Period with your full name, full mailing address, email address used in connection with your Gig account or email address that you plan to use in connection with a Gig account, and daytime phone number. The subject line of your email must read "Bay Area Gig to School Entry 2023." For purposes of this Sweepstakes, an entry via email is "received" when Sponsor or its authorized representative actually receives the completed email with all required information. Email messages that do not contain all of the required information will be disqualified. Eligible individuals may submit one Sweepstakes entry per day over the Sweepstakes Period.
THE WINNER MAY BE REQUIRED TO RESPOND TO A WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN ONE WEEK ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION
The GIG Car Share/Bay Area Gig to School 2023 Sweepstakes is sponsored by A3 Mobility LLC, 1277 Treat Blvd., 3rd Floor Walnut Creek, CA 94597 ("Sponsor"). The Sweepstakes Period begins at 12:00:00 AM Pacific Time on September 5, 2023, and ends at 12:00:00 AM Pacific Time on October 1, 2023.
One (1) winner will be selected from among all eligible entries in a random drawing following the conclusion of the Sweepstakes Period, as more fully described below.
This Sweepstakes is open to individuals who are eighteen (18) and the age of majority in California on the date of entry into this Sweepstakes. Employees, officers, directors, members, managers, agents, and representatives of AAA of Northern California, Nevada & Utah; A3 Ventures LLC; A3 Mobility LLC; AAA Arizona Car Buying Services LLC or their respective parent and subsidiary companies, affiliates, divisions, franchisees, representatives, consultants, sub-contractors, suppliers, distributors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies (collectively “Released Parties") and members of their immediate families (defined for these purposes as including any spouse, partner, parents, legal guardians, children, legal ward, grandparent, grandchild and siblings and each of their respective spouses) and individuals living in the same household as such persons (whether or not related), are not eligible. This Sweepstakes is void outside of the State of California and where prohibited by law.
Eligible individuals may also enter by sending an email to [email protected] during the Sweepstakes Period with their full name, full mailing address, email address, and daytime phone number. The subject line of the email must read "Bay Area Gig to School Entry 2023."
For purposes of this Sweepstakes, an entry is earned only upon the following: when the app’s servers record the submission of an entrant’s reservation with all required information and the SCHOOL23 promotion code, and the entrant has returned the car by the time identified in the reservation, which must be before the end of the Sweepstakes Period, or if entering via email, when Sponsor or its authorized representative actually receives the email from the entrant with all required information. Entries must be submitted during the Sweepstakes Period, through the app or via email, in strict accordance with the instructions and restrictions in these Official Rules.
Limit one entry per person, per day of the Sweepstakes Period, irrespective of entry method. Each entrant should review all personal information entered for accuracy purposes and make all corrections necessary to inaccurate data before submitting their entry. The app clock will be the official timekeeper for entry into this Sweepstakes using the app. Those who do not provide the required entry information in the app, including the SCHOOL23 promotion code, return their car by the time identified in their reservation and before the end of the Sweepstakes Period, or abide by these Official Rules and other instructions of Sponsor and its representatives, including those applicable to entry by email, may, in Sponsor’s sole discretion, be disqualified and all associated entries void. Attempts made by an individual to submit entries in excess of any limit or otherwise in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Purported entries that are forged, altered, incomplete, lost, late, inaccurate, misdirected, mutilated, illegitimate, incomprehensible, unintelligible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Proof of sending an email to enter, such as a copy of the message in a "sent" or similar folder or a confirmation or "thank you" screen or message, does not constitute proof of actual receipt by Sponsor of an entry for purposes of this Sweepstakes. Entries or participation made on your behalf by any other individual, made by any entity or group or made at any website or through any other app will be declared invalid and disqualified for this Sweepstakes. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver their name, address, and other information and content provided by the entrant to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. ANY ENTRY OR ENTRANT CONTENT THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.
You agree that your participation in the Sweepstakes and agreement to these Official Rules will not violate any agreement to which you are a signatory or party.
By participating in this Sweepstakes via your wireless mobile device, you may be charged for standard data sent and received from your mobile device according to the terms in your wireless service provider’s data plan. Normal carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Each wireless carrier’s rate plan may vary, and you should contact your wireless carrier for information on charges relating to your participation in this Sweepstakes. Check your device’s capabilities for specific instructions and your wireless service provider’s data plan. Data service and wireless service are not available in all areas, from all mobile device service carriers, and with all mobile phones, handsets, or other devices. If your device is connected to an Internet Service Provider, normal Internet access and usage charges imposed by your Internet Service Provider may apply.
The winner of the prize detailed in the "Prizes, & Approximate Retail Value" section below will be selected in a random drawing from among all eligible entries received, subject to verification. Odds of winning a prize depend on the number of eligible entries received. The drawing will be held within five (5) business day[s] after the end of the Sweepstakes Period. Within two (2) business days after the selection of the potential winner[s], Sponsor or its designee will attempt to notify each potential winner that he or she may have won a prize, by email or by using other contact information provided for entry, in Sponsor’s sole discretion. If potential winners do not respond to such notification by email within three (3) business days of receipt, they may be deemed to have forfeited their prize.
Once a potential winner has been notified, Sponsor will apply $100 in Gig Car Share credits to their Gig account within 48 hours. If a potential winner does not already have a Gig account, they must download the app and complete the registration process within 1 week of being notified otherwise they may be deemed to have forfeited their prize.
In addition, a potential winner’s name and city and state or other general information may be posted on a Sponsor website or elsewhere publicly, in Sponsor’s sole discretion. Prize or prize elements will only be mailed, where applicable, to winner’s address within the State of California. If any prize, prize notification, or Sweepstakes-related communication is rejected, faulty, or undeliverable; if the potential winner does not respond according to the notification’s or Sponsor’s instructions; or if the winner or potential winner fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting) based on the original method of winner selection or other method that is fair, in Sponsor’s sole discretion. Sponsor is not obligated to pursue more than one (1) alternate winner for each prize for any reason, in which case such prize may go unawarded. Sponsor reserves the right to modify the notification procedures and applicable deadlines for responding in connection with the selection of any alternate potential winner, if any. If a prize is legitimately claimed, it will be awarded. Upon prize forfeiture or inability to use a prize or portion thereof, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, a winner must follow the directions in their notification. As a condition of being awarded any prize, each winner may be required, in Sponsor’s sole discretion, to complete and return a W-9 form to Sponsor. Each winner may also, in Sponsor’s sole discretion, be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release and tax forms (as applicable) (collectively, "Winner Documents") according to Sponsor’s instructions within five (5) business days of receipt of the Winner Documents or other time frame as specified by Sponsor or its representative. Failure to comply with these requirements, Sponsor’s or its representative’s instructions, or these Official Rules may, in Sponsor’s sole discretion, result in disqualification from the Sweepstakes and forfeiture of any prize potentially won. The Winner Documents, if required, are each subject to verification by Sponsor and may require the entrant to provide their Social Security Number and/or a copy of government-issued identification card or number therefrom. Federal IRS 1099-MISC forms may be issued as appropriate in Sponsor’s sole discretion. Decisions of the Sponsor are final on all matters relating to the Sweepstakes, including interpretation of these Official Rules, determining the winners, and awarding of the prizes.
PRIZES & APPROXIMATE RETAIL VALUE ("ARV"):
One (1) winner, subject to verification, will receive a prize, which consists solely of: $100 in GIG Car Share credits redeemable for only future GIG Car Share reservations made within 90 days of receipt of the credits, subject to terms identified in the app. Approximate retail value of the prize is $100 USD.
All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. All taxes (national/federal, state/provincial/territorial, and local), as well as any expenses not specified in these Official Rules as being provided as part of the prize(s), are the sole responsibility of winner. Prize elements will be mailed to a confirmed winner whose physical address is in the State of California, unless otherwise agreed to by Sponsor. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize or prize component, or any prize/prize component that is undeliverable or does not reach a winner because of incorrect or changed contact information. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded. Entrants waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PRIZE OR SWEEPSTAKES-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO/OF PERSON OR PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE RELEASED PARTIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS IS, WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
The prize will be awarded to the person identified in the app as the GIG Car Share account holder or person identified in the entry submitted via email, whichever the case may be.
Each potential winner may be required to provide Sponsor with proof that he/she is the GIG Car Share account holder or person identified in the entry submitted via email, depending on the method of entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, inaccurate, faulty, failed, garbled, mutilated, or misdirected entries, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections; failed, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or failure of any wireless, cellular or Internet service providers, or of any web site host or operator, traffic congestion on the Internet, a server, or at any website or any combination thereof, which may limit a person’s ability to participate in this Sweepstakes or receive communication from Sponsor. Released Parties are not responsible for any email or other electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind, or insufficient space in a person’s email account or voicemail box. Released Parties are not responsible, and may disqualify you, if your email address, voicemail box or mobile telephone number or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
By entering the Sweepstakes (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display their name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her, any other indicia of persona, and any information or content provided in or as part of their entry (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules, determination of the winners, and awarding of the prizes. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Participants further agree not to damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. Sponsor reserves the right to restrict or void entries or participation from any mobile phone, email account, IP address or phone number or other identifiable source if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes structure or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered GIG Car Share account holder or person identified in the email sent to Sponsor to enter the Sweepstakes, whichever the case may be, but only if that person meets all other eligibility criteria. Otherwise, the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won forfeited. A registered GIG Car Share account holder is defined as the natural person who is assigned to a GIG Car Share account by GIG Car Share. Winner may be required to show proof of being the registered GIG Car Share account holder or person identified in the email sent to Sponsor to enter the Sweepstakes. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR APP SERVER OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE THAT THESE OFFICIAL RULES AND YOUR PARTICIPATION IN THE SWEEPSTAKES ARE GOVERNED BY THE LAW OF THE STATE OF CALIFORNIA, EXCLUDING ITS CONFLICTS OF LAWS PRINCIPLES. THE ARBITRATION PROCEEDINGS SHALL BE GOVERNED BY FEDERAL ARBITRATION LAW AND BY THE JAMS (DEFINED BELOW) RULES. BOTH YOU AND RELEASED PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
YOU AND THE RELEASED PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE RELEASED PARTIES SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN OR HAVING JURISDICTION OVER SAN FRANCISCO, CA, AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES & PROCEDURES OF JAMS INC. ("JAMS") OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A "DEMAND FOR ARBITRATION," THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE THAT WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN SAN FRANCISCO, CALIFORNIA; LAS VEGAS, NEVADA; SALT LAKE CITY, UTAH; ANCHORAGE, ALASKA; BILLINGS, MONTANA; CHEYENNE, WYOMING; OR PHOENIX, ARIZONA (WHICHEVER IS CLOSEST TO YOUR RESIDENCE, BUT ONLY IF REQUIRED BY THE JAMS RULES). THE FEDERAL OR STATE LAW THAT APPLIES TO THESE OFFICIAL RULES WILL ALSO APPLY DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN SAN FRANCISCO COUNTY, CALIFORNIA. THE RELEASED PARTY AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR'S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF ENTRANT TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE SWEEPSTAKES OR ANY OTHER PROPERTY OF THE RELEASED PARTIES.
Further, in any such dispute, under no circumstances will you be permitted or entitled to obtain awards for, and hereby waive all rights to claim, incidental or consequential damages. The prior limitation on damages is not intended to limit the Released Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law.
WINNER’S LIST/OFFICIAL RULES:
The name of the winner may be obtained approximately two (2) weeks after the end of the Sweepstakes Period and a copy of these Official Rules may be obtained during the Sweepstakes Period by sending your request (indicate "winner list" or "official rules" on your request) with a self-addressed stamped envelope to: GIG Car Share/Bay Area Gig to School 2023 Sweepstakes, Attn: Marketing, 1277 Treat Blvd., Suite 1000, Walnut Creek, CA 94597. Vermont residents may omit a stamp on the return envelope for Official Rules requests. Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Requests for Official Rules must be received during the Sweepstakes Period; requests for the name of the winner must be received no later than six (6) months after the end of the Sweepstakes Period.
THE SPONSOR OF THIS SWEEPSTAKES IS: A3 Mobility LLC*, 1277 Treat Blvd., 3rd Floor Walnut Creek, CA 94597. Reference to third parties in connection with prizes and/or third-party websites, products or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
*A3 Mobility LLC is a wholly owned subsidiary of AAA Northern California, Nevada & Utah.