Spring Weekly Trivia
No purchase necessary to enter or win a prize in this Promotion (defined below). A purchase will not increase your chances of winning. Void where prohibited by law.
Each winner may be required to respond to a winner notification and other communications from Sponsor (defined below) within forty-eight (48) hours according to the notice(s) from Sponsor, and may then be required to execute and return additional prize-acceptance documentation by a specified deadline, or prize may be forfeited (in Sponsor’s sole discretion).
The Promotion is in no way sponsored, endorsed, or administered by or associated with Facebook, Inc. (“Facebook”) or Instagram, LLC (“Instagram”).
By entering the Promotion, you agree to these Official Rules. These Official Rules are a contract, so please read them carefully. Without limitation, this contract includes indemnities to 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.
OVERVIEW: The Spring GIG Trivia Promotion (“Promotion”) is sponsored by A3 Mobility LLC (“Sponsor”). The Promotion begins at 12:00:00 a.m. Pacific Time (“PT”) on May 6, 2021, and ends at 11:59:59 p.m. PT on June 25, 2021 (“Promotion Period”). Once each Thursday (as measured in Pacific Time) during the Promotion Period Sponsor will post a trivia question from its account on either Facebook or Instagram (collectively, the “Social-Media Platforms”), as determined by Sponsor in its sole discretion.The trivia question as posted by Sponsor from its account on a particular Social-Media Platform is referred to in these Official Rules as a “Question Post.” The Promotion consists of eight (8) individual sweepstakes (each a “Sweepstakes”), each corresponding to one Question Post. Each Sweepstakes begins when the Question Post is posted from Sponsor’s social account and ends twenty-four (24) hours later. . (This time period is referred to as the “Sweepstakes Period” for each Sweepstakes.) If you satisfy the eligibility requirements (described below), you may enter a Sweepstakes by commenting on Sponsor’s Question Post on Facebook or Instagram (as applicable) with the correct answer to the trivia question asked, as well as liking Sponsor’s account and the Question Post, all as more fully described in the “How to Enter” section below. Following the close of each Sweepstakes Period, three (3) winners (subject to verification) will be selected in a random drawing from among all eligible entries received for that Sweepstakes. Participation in this Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
ELIGIBILITY: This Promotion is open only to legal residents of any one (1) of the fifty United States or the District of Columbia (“Territory”) who are at least eighteen (18) years old and the age of majority in their primary jurisdiction of residence as of the date of entry and who are registered users of Facebook and/or Instagram in good standing throughout the Promotion Period and prize fulfillment process. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Promotion, as well as each of their respective parent corporations, subsidiaries and affiliated companies (collectively, with Facebook and Instagram, the “Released Parties”) and members of the immediate families (defined for these purposes as including any spouse, partner, parent, legal guardian, child, legal ward, sibling, grandparent, or grandchild and each of their respective spouses) and individuals living in the same household as such persons (whether or not related) are not eligible. This Promotion is void outside of the Territory and where prohibited by law.
HOW TO ENTER: On each Thursday (as measured in PT) during the Promotion Period, Sponsor will post one (1) Question Post from one of its account on either Facebook (www.facebook.com/GIGCarShareApp) or Instagram (@GigCarShare), as determined by Sponsor in its sole discretion. Each Question Post will include a trivia question. Once a Question Post has been posted, you can enter the Sweepstakes for that Question Post during the Sweepstakes Period (if you meet the eligibility requirements) by (1) liking/following Sponsor’s account on the applicable Social-Media Platform (if you do not already); (2) liking the Question Post; and (3) commenting on the Question Post and including in your comment the correct answer to the trivia question (“Entry Comment”). Your Entry Comment must be posted during the Sweepstakes Period to be eligible in the Sweepstakes. Only those Entry Comments that correctly answer the trivia question included in the applicable Question Post will earn an entry into the Sweepstakes. Sponsor may, in its sole discretion, elect to accept or reject any Entry Comment that does not correctly answer the trivia question due to a misspelling, typo, omission, or any other error or inaccuracy. You must remain a follower of Sponsor on the applicable Social-Media Platform and must continue to “like” the applicable Question Post through award of the prizes in the Promotion or you may be disqualified from the Promotion.
Any text or other content you submit as part of an Entry Comment is referred to collectively in these Official Rules as your “Entrant Content.” All Entrant Content must comply with these Official Rules (including, without limitation, the Submission Requirements section below) and any terms and guidelines applicable to your use the applicable Social-Media Platform.
Entry Comments must be received and identifiable by Sponsor during the Sweepstakes Period or they will be void. Entries are “received” when the applicable Social-Media Platform’s database records the completed Entry Comment and the Entry Comment is viewable by Sponsor. Other proof of submitting an entry (such as a printed or copied screenshot) does not constitute actual receipt of the entry for purposes of this Promotion. Sponsor’s clock will be the official timekeeper for this Promotion. Your Entry Comment must remain active on the applicable Social-Media Platform and viewable to Sponsor through prize award for the Promotion. Purported Entry Comments that are not both actually visible and received by Sponsor during the applicable Sweepstakes Period will not be considered in the Sweepstakes. Each entrant must be the rightful owner of the Facebook or Instagram account, and corresponding email account, utilized for entry.
Limit one (1) entry per person in each Sweepstakes. Subsequent attempts made by the same individual to submit multiple entries in violation of this condition by using multiple accounts on a Social-Media Platform or by any other method or mean are void and persons engaging in such conduct may, in Sponsor’s sole discretion, be disqualified. Normal Internet access and usage charges imposed by your Internet Service Provider may apply. Entries must be submitted and received by Sponsor during the Sweepstakes Period through one of the Social-Media Platforms and in strict accordance with the instructions and restrictions in these Official Rules. Those who do not follow all of the instructions, provide the required content in their entry, or abide by these Official Rules will be disqualified and any associated entry void. Purported entries that are incorrect, incomplete, lost, late, misdirected, illegitimate, forged, altered, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. The use of any device or process to automate the entry process is prohibited. Entries will not be acknowledged. Entries made on your behalf by another, made by you on behalf of any other individual, or made by any entity, and/or originating at or using any website or online service not operated by Facebook or Instagram as part of the respective platform of each, including, without limitation, commercial promotion subscription, notification, and/or entering services, will be declared invalid and disqualified for this Promotion. As a condition of entering the Promotion, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules – including public disclosure on a winners list.
SUBMISSION REQUIREMENTS: Your Entrant Content must meet all of the requirements in these Official Rules, including the following, or the associated entry will be disqualified:
- Your Entrant Content must not mention or depict any identifiable person other than you (or, if applicable, a natural person that is the answer to Sponsor’s trivia question), provided that this does not prohibit tagging other users of the applicable Social-Media Platform in your Entry Comment as permitted by the inherent functionality of that Social-Media Platform.
- All aspects of the Entrant Content must be originally created by and solely owned by you (or be in the public domain). Except for materials in the public domain, all third-party content and content unoriginal to you is prohibited.
- Entrant Content must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services.
- Entrant Content must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork other than those of Sponsor.
- Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
- Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory (include trade libel), disparaging, unlawfully harassing, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate, or injurious to any Released Party or any other party. Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules, or regulations.
- Entrant Content must be suitable for presentation in a public forum.
- Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
- Entrant Content must comply with all terms, guidelines and policies of the applicable Social-Media Platform applicable to its users.
- You agree that your participation in the Promotion and agreement to these Official Rules and any Released Party’s display and use of the Entrant Content permitted under these Official Rules will not violate any agreement to which you are a signatory or party.
- To the fullest extent permitted by applicable law, you agree to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content permitted under these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify from the Promotion any entrant whose Entrant Content refers, depicts, or in any way reflects negatively upon a Released Party, the Promotion, or any other person or entity or does not comply with any provision of these Official Rules (including the above Submission Requirements), all as determined by Sponsor in its sole discretion.
WINNER DETERMINATION/ODDS/NOTIFICATION: In each of the eight (8) Sweepstakes that comprise the Promotion, three (3) winners will be selected from among all eligible entries received during the Sweepstakes Period for the applicable Sweepstakes in a random drawing conducted by Sponsor or its representative, whose decisions are final in all matters relating to winner selection. Odds of winning a prize depend on the number of eligible entries received for the applicable Sweepstakes.
Sponsor may, in its sole discretion, elect to award the prize to the identified winner via direct message on the Social-Media Platform through which the entry was received, without further communication with or notice to the winner. In such case, Sponsor will send the prize message within approximately ten (10) business days of the end of the Promotion Period.
In the alternative (and as determined by Sponsor in its sole discretion), Sponsor may attempt to contact the potential winners via a direct message on the Social-Media Platform through which the winning entry was received within ten (10) business days of the end of the Promotion Period. If instructed in Sponsor’s notification message, the potential winner may be required to respond to Sponsor within forty-eight (48) hours of Sponsor attempting to contact the potential winner as described above.
Entrants are encouraged to monitor their Social-Media Platform accounts for correspondence from Sponsor. Neither Sponsor, nor any of the other Released Parties, will be responsible for any failure by a participant to notice or receive any attempted communication from Sponsor, or inability by a participant to receive, accept, or use a Code (defined below) for any reason.
If any prize, prize notification, or Promotion-related communication is rejected, faulty, or undeliverable (including, without limitation, based on an entrant’s failure to follow Sponsor’s Social-Media Platform account at the time of prize award) or if the potential winner does not respond according to the notification or Sponsor’s instructions or otherwise 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). Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, each potential winner must follow the directions in his or her notification. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner, if any.
Any potential prize winner may, in Sponsor’s sole discretion, be required to complete, sign, have notarized (if applicable) and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law) and tax documents, if applicable (collectively, “Prize Winner Documents”) within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within five (5) days of Sponsor sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited, and an alternate winner may be selected. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason, in which case that prize may go unawarded.
PRIZES & APPROXIMATE RETAIL VALUE (“ARV”):
In each Sweepstakes, each of three (3) winners will, subject to verification, receive one (1) promotional code redeemable with Sponsor for GIG Car Share credit in the amount indicated in the Question Post (“Code”). The ARV of each prize Code available in a Sweepstakes will be as specified in the Question Post. The total ARV of all prizes available throughout the entire Promotion is $240.
Codes can be applied through the winning member’s account in the GIG Car Share app. Code must be redeemed/applied and promotional credit used by July 31, 2021 at 11:59pm. Failure to redeem Code or use credit prior to this will result in forfeiture.
Codes may not be sold, auctioned, bartered, or otherwise transferred. Codes have no cash value and are not redeemable for cash. Code can be applied to any charges incurred with Sponsor as part of a GIG Car Share vehicle rental. If you are not already a GIG Car Share member, you will need to download the GIG Car Share app and create an account (including agreeing to all required terms, providing a payment method, and being approved by Sponsor) in order to redeem your Code.
All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. All taxes (federal, state, and local), as well as any expenses associated with prize acceptance and use and not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winner. Any mailed prize components will only be mailed to a confirmed winner’s address in the Territory, 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 username/contact information or an inability by Sponsor to send a direct message to a potential winner on the applicable Social-Media Platform due to the potential winner’s account settings. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and Sponsor will have no further obligation with respect to that prize or portion of the prize. 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 Promotion-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: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
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, garbled, mutilated, or misdirected entries, email, Social-Media Platform direct message, mail, or Promotion-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; errors, typos, or misprints in these Official Rules, in any Promotion-related advertisements, in any purported Entry Comment, or other materials; failures of electronic equipment, computer hardware, or software; interrupted, lost, or unavailable communications systems or network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by entrant as a result of any form of active or passive filtering of any kind (including, without limitation, Social-Media Platform direct messages that require entrant to actively accept the message in order to access it or segregation of any direct message into a user’s “Other” or “Spam” folder), or insufficient space in entrant’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and may disqualify you, if your email address, Social-Media Platform account, 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 a prize or any part thereof in the event that any of the Promotion activities or Released Parties’ operations or activities are affected by COVID-19 or related remediation efforts or 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, pandemic/epidemic (or similar public-health crisis), 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, guidance, 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 any Sweepstakes, each entrant grants the Released Parties (except where prohibited by law) the irrevocable, sublicensable, absolute right and permission to use, publish, post or display her or his name, photograph, likeness, voice, prize information, biographical information, Entry Comment or any other quotes attributable to her/him/them, and any other indicia of persona (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 her/him/them, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), worldwide, 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 any Released Party to make use of any of the rights granted herein and entrant waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Promotion, including interpretation of these Official Rules, acceptance or rejection of purported entries, 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 Promotion. Participants further agree to not damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion. Sponsor reserves the right to restrict or void online entries or participation from any Social-Media Platform account 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 Promotion. 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 Promotion-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 Promotion (or any 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, 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 Released Parties are not responsible and will have no liability for any purported Entry Comment or other content that is removed from a Social-Media Platform for any reason at any time, including removal by the applicable Social-Media Platform of content that would otherwise qualify as an Entry Comment in response to such content being “flagged” or reported as inappropriate. 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. The Released Parties are not responsible for any changes to or unavailability of a Social-Media Platform that may interfere with a Sweepstakes or the overall Promotion (including any limitations, restrictions, or conditions placed upon Sponsor's ability to use such Social-Media Platform for the Promotion as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Promotion (including any/all Sweepstakes). If the Promotion or any 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 Promotion (or any affected Sweepstakes) and award the prizes from eligible, non-suspect 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 account holder of the email address associated with the Social-Media Platform account used at the time of entry, 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 account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to show proof of being the registered account holder. 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 to undermine the legitimate operation of the Promotion 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 Promotion are governed by the laws of the State of California. Both you and Sponsor 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 (defined below) 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.
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts located in or having jurisdiction over San Francisco, California, 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 are 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 elsewhere in this section, any claim, suit, action, or proceeding arising out of or relating to this Promotion (including any dispute regarding the applicability of this arbitration requirement) 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, CA, or Seattle, WA (whichever is closest to your residence) or – where required by the arbitration service’s rules – in or near your hometown. The federal or state law that applies to these Official Rules will also apply during the arbitration, including, without limitation, any applicable statute of limitations. 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 (or with jurisdiction over) San Francisco, California. Sponsor 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. You will not seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Promotion, except that nothing in these Official Rules will restrain a California resident’s right under applicable law (if any) to seek public injunctive relief in accordance with the other provisions of this dispute-resolution provision.
In any dispute, you will not – under any circumstances – 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: A copy of these Official Rules will be available online during the Promotion Period by visiting www.gigcarshare.com/contest. Once confirmed, winners for each Sweepstakes will be identified in a comment posted by Sponsor on the applicable Question Post.
SPONSOR: A3 Mobility LLC d/b/a GIG Car Share, 1919 Shattuck Avenue, Suite 600, Berkeley, CA 94702.
Gig BDay Giveaway
Gig BDay Giveaway Sweepstakes Official Rules
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. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
BY ENTERING THIS 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.
Overview. The Gig BDay Giveaway Sweepstakes (“Sweepstakes”), sponsored by A3 Mobility LLC, 1919 Shattuck Ave., 6th Floor, Berkeley, CA 94704 begins at 9:00a.m. PacificTime (“PDT”) on April 29, 2021 and ends at 11:59:00p.m. PDT on May 7, 2021("Sweepstakes Period"). As described in more detail below, during the Sweepstakes Period, eligible individuals may enter the Sweepstakes by taking a Gig ride and earning an entry into the Sweepstakes, or by sending a postcard to the address below. One (1) potential grand-prize winner, one (1) potential first-prize winner, and one (1) potential second-prize 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.
- Eligibility. This Sweepstakes is open only to legal residents of the State of California or the State of Washington(the “Territory”) who are at least eighteen (18) years of age and the age of majority in their state or jurisdiction of primary residence under applicable law on the date of entry into this Sweepstakes. Employees, officers, directors, members, managers, agents, and representatives of Sponsor or each of its respective parent and subsidiary companies, affiliates, divisions, franchisees, representatives, consultants, sub-contractors, suppliers, distributors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies (the “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 Territory and where prohibited by law. GIG Car Share services are provided in select locations within the Territory and may not be available where you reside, and certain entrants may not be eligible to participate in GIG Car Share service or memberships because of location or other factors.
- How to Enter. There are two ways to enter the Sweepstakes. Eligible entrants may enter the Sweepstakes in the following ways:
a. TO ENTER BY BOOKING AND COMPLETING A TRIP. During the Sweepstakes Period, open the GIG App on your smart phone, ensure you are logged into your GIG Member account, navigate to “Payments & Promos,” enter the code 4GIG in the “promos” field, and then click “Apply.” Once the promotion code has been applied to your account, you will receive one (1) Sweepstakes entry each time you book and complete a GIG trip (a “GIG Car Share Trip”) using your GIG Member account during the Sweepstakes Period. Throughout the booking process and your GIG Car Share Trip, you must at all times comply with the terms and conditions of your member agreement with Sponsor (available at: https://gigcarshare.com/member-agreement/).
b. TO ENTER FOR FREE BY MAIL. During the Sweepstakes Period, you can gain one (1) entry for FREE by printing your full name, complete address, telephone number, email address and date of birth on a 3" x 5" piece of paper and mail it in a plain business size envelope to: A3 Mobility LLC, Attn: Gig BDay Giveaway Sweepstakes,1919 Shattuck Ave., 6th Floor, Berkeley, CA 94704. Each entry must be in a separate postmarked outer envelope. Mail-in entries must be postmarked by May 7, 2021 and received by May 14, 2021. Once submitted, all entries/entry information become the exclusive property of Sponsor and will not be acknowledged nor will they be returned.
- Random Drawing/Odds. On or about May 17, 2021, one (1) grand prize winner, one (1) first-place winner, and one (1) second-place winner will be selected in a random drawing from all eligible entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received for each drawing. Drawing will be conducted by Sponsor. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the random drawing conducted by Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
- Grand prize: one (1) grand-prize winner, subject to verification, will receive one (1) $400 gift card to REI
- First-place prize: one(1) first-place winner, subject to verification, will receive one (1) $200 gift card to REI
- Second-place prize: one (1) second-place winner, subject to verification, will receive $100 in GIG Car Share Credits
Total ARV of all prizes: $700. Prize cannot be transferred, substituted, or redeemed for cash. Prize consists of only those items specifically stated as part of the prize. All expenses and costs associated with the acceptance or use of the prize that are not expressly specified in these Official Rules as being part of the prize are the sole responsibility of the winner. Sponsor will not replace any lost or stolen prize items. GIG Car Share Credits subject to terms and conditions set forth at https://gigcarshare.com/member-agreement/. Failure to comply with any term or condition of these Official Rules or the prize notification may, at the sole discretion of Sponsor, result in winner’s disqualification, the forfeiture of his or her interest in the prize, and the award of prize to an alternate winner.
- Notification. The potential winners will be notified by email within seven business days of the end of the Sweepstakes Period. The potential winner is subject to verification, including verification of age. If contacted by email, the potential winner has (2) business days after notification to provide any information requested by Sponsor. If the award notification to the potential winner is returned non-deliverable, or if the potential winner is found to be ineligible or not in compliance with these Official Rules, such potential winner will be disqualified and an alternate winner will be randomly selected from the remaining eligible entries. Sponsor is not responsible for notification failure due to telephone or email address inaccuracy, or any other failure or problem of any kind related to notification. If the winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries (time permitting). Upon prize forfeiture, no compensation will be given. Limit one (1) prize per person or household.
- Conditions. All federal, state, and local taxes are the sole responsibility of the winner. Participation in Sweepstakes and acceptance of prize constitutes the winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by the winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winneragree to release and hold harmless Released Parties and each of their affiliates, partners and promotion and advertising agencies, respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and prize delivery. Sponsor is not responsible if Sweepstakes cannot take place or if the prize cannot be awarded due to travel cancellations or restrictions, delays or interruptions due to acts of God, acts of war, natural disasters, epidemics, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning. Should multiple users of the same GIG or social media account, as applicable, enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned the corresponding e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the applicable account. Automated entries are prohibited, and any use of automated devices will result in disqualification.
- Additional Terms. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, which may limit the ability to contact the potential winner. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the winner from all eligible entries received prior to the occurrence of the interfering event. Entrants may not enter with multiple accounts nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF ANY PRIZE. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. FURTHER, WINNER AGREES THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS, OR LIABILITIES OF HIS/HER GUEST RELATED TO ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO GUEST’S USE OF THE PRIZE.
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:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
- Disputes; Governing Law. Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
The Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Sweepstakes Official Rules, or the rights and obligations of an entrant and Sponsor in connection with Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the County of San Francisco in the State of California.
- Winner’s Name. To obtain the name of the winners, send a self-addressed, stamped envelope to Gig BDay Giveaway Sweepstakes, 1919 Shattuck Ave., 6th Floor Berkeley, CA 94704. Requests for a winner list must be received no later than ninety (90) days after the winner of the Sweepstakes is selected.
- Sponsor. A3 Mobility LLC, 1919 Shattuck Ave., 6th Floor, Berkeley, CA 94704. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Recreational Equipment, Inc.
GENERAL: The Sweepstakes is subject to all federal, state, and municipal laws and regulations and is void where prohibited by law. Any and all disputes arising out of or connected with this Sweepstakes shall be resolved individually and exclusively by the Courts of California, and the Sweepstake and these Official Rules shall be governed by the laws of the State of California. At its sole discretion, A3 MOBILITY LLC reserves the right to modify these Official Rules and/or cancel, terminate, modify, or suspend the Sweepstake without notice.