Official Sweepstakes Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Please read these rules before entering HopSkipDrive, Inc.’s #HopSkipThanks Sweepstakes (the "Sweepstakes"). You agree that by entering this Sweepstakes you will be bound by these Official Sweepstakes Rules (the "Rules"), and you acknowledge that you satisfy all Sweepstakes eligibility requirements.
Eligibility. This Sweepstakes is limited to legal residents of Los Angeles County. Entrants must be at least 13 years of age and must have a Facebook or Instagram account. YOU MUST BE A REGISTERED HOPSKIPDRIVE ACCOUNT HOLDER OR THE CHILD OF AN ACCOUNT HOLDER TO ENTER. Eligible minors must obtain their parent’s or legal guardian’s permission prior to participating. Employees, officers, and directors of HopSkipDrive, Inc. and the partnering companies directly connected with the creation and/or administration of this Sweepstakes, their affiliates, subsidiaries, advertising and promotion agencies, and immediate family members and persons living in their same household are not eligible. This Sweepstakes is subject to all applicable laws and regulations and is void where prohibited by law.
Sponsor. This Sweepstakes is sponsored by HopSkipDrive, Inc. (the "Sponsor"). This Sweepstakes is in no way sponsored, endorsed, or administered by Facebook or Instagram or any other social media company. Depending on an Entrant’s form of entry, he or she must abide by Facebook’s Statement of Rights and Responsibilities or Instagram’s Terms and Conditions to participate in this Sweepstakes or, if applicable, the Terms and Conditions of any other applicable social media company.
Timing. The Sweepstakes will run from 6:00 am PST on November 16, 2015 to 11:59 pm PST on November 26, 2015 (the "Sweepstakes Period"). Sponsor’s computer is the official timekeeping device for the Sweepstakes.
How to Enter. Each Entrant may enter the Sweepstakes one time and receive one (1) entry (“Entry” or collectively “Entries”) in one of two ways:
- By posting a picture of a completed #HopSkipThanks Entry Form on Instagram or Facebook using the hashtag #HopSkipThanks or tag @HopSkipDrive (“Qualifying Post 1”). In order for a #HopSkipThanks Entry Form to be considered complete, it must contain a written statement about what the entrant is thankful for.
- By posting a statement of what the Entrant is thankful for on Facebook or Instagram using the hashtag #HopSkipThanks or tag @HopSkipDrive (“Qualifying Post 2”).
All Entrants must either (i) set their Facebook or Instagram or other applicable social media profile to public, or (ii) email a screenshot of the Qualifying Post 1 or 2 with permission to repost to firstname.lastname@example.org.
Sponsor is responsible for managing Entries, the selection and organization of those Entries, and the appropriateness of content entered into the Sweepstakes. Sponsor is not responsible for any lost, late, undeliverable or undelivered entries.
By submitting a Qualifying Post, Entrant is acknowledging and confirming that Entrant is authorized, or has obtained the authorization of all individuals within the Qualifying Post, to stream your Qualifying Post through the Instagram API or Facebook API or otherwise use your post as set forth in these Official Rules and the terms and conditions.
Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different Instagram, Facebook or other social media accounts, identities, registrations and logins, or any other methods will void that Entrant’s Entries and that Entrant may be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the Instagram, Facebook or other social media account used to participate will be deemed to be the Entrant.
The Qualifying Post must be a participant's sole creative work and must not incorporate ideas or work of any other person or material that would require the consent of a third party in any jurisdiction or under any applicable law, other than HopSkipDrive “#HopSkipThanks” images. Without limitation, the content of the Qualifying Post must not infringe or violate any trademark, copyright, publicity right, privacy or any other right of any other person or entity, under any applicable law. By entering the Sweepstakes, you agree that your Qualifying Post conforms to the Content Restrictions as defined below and that Sponsor, in its sole discretion, may remove your Qualifying Post and disqualify you from the Sweepstakes if it believes that your Qualifying Post fails to conform to the Content Restrictions.
Content Restrictions. The Qualifying Post:
- Must comply with these Official Rules and the terms of service or use associated with Facebook, Instagram or other applicable social media;
- 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;
- Cannot contain any personal identification, such as license plate numbers, e-mail addresses or street addresses;
- Must not disparage Sponsor or any other person or party affiliated with the Sweepstakes;
- Must not contain images other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Qualifying Post in this Sweepstakes;
- Must not contain images or artwork that were not created by the entrant;
- Must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Qualifying Post is created; and
- Cannot contain individuals who do not meet required age of thirteen (13) years old or older and are not legal residents of the United States.
Creating a Submission constitutes participant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Sponsor and its affiliates are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void. You hereby forever waive and relinquish all so-called “moral rights” now or hereafter recognized in connection with entries submitted as part of the Sweepstakes. Sponsor and its agents shall not be responsible for returning or preservation of the images submitted or for compensating or crediting you in any way. All entries that are posted on Sponsor’s social media pages may be available to be viewed by anyone with access to the Internet.
- One (1) Customer Entrant will be chosen at random to receive four (4) AMC movie gift cards. Each AMC movie gift card will have a value of $20.
- One (1) CareDriver Entrant will be chosen at random to receive four (4) AMC movie gift cards. Each AMC movie gift card will have a value of $20.
The winners described above shall be referred to herein as the “Prize Winners.” Prizes cannot be transferred, assigned, or redeemed for their cash value. All prizes will be awarded “AS IS” and “WITHOUT WARRANTY OF ANY KIND,” express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
Taxes. The Prize Winners are responsible for all taxes and fees associated with prize receipt and/or use.
Prize Drawing for Participants. The Prize Winners will be selected on November 30, 2015 at 10am PST at random from the Entries properly submitted during the Sweepstakes Period. The Prize Winner will be notified via comment and tagging in the Qualifying Post on Facebook, Instagram or via email to the email address provided if a screenshot was submitted via email. If a potential winner does not respond within seven (7) days of being contacted, the potential winner forfeits the prize. Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible Prize Winner from among the remaining eligible entries (in which case the foregoing provisions of this section shall apply to such new selected Prize Winner). Prize Winners will be sent an acceptance package to be completed and returned to Sponsor. The Prize Winner will receive the acceptance package via e-mail. The Prize Winner will have seven (7) days from the date such acceptance package is received to claim his/her Prize by completing and returning, as evidenced by postmark or e-mail time stamp, the Affidavit of Eligibility, the Publicity/Liability Release, and the US IRS Form W-9, if applicable. If the Prize Winner cannot be contacted, provides incorrect e-mail, is ineligible, does not comply with these Official Rules, fails to claim the Prize, fails to return the completed and executed forms as required, or if the Prize notification or Prize is returned as undeliverable, an alternate eligible Prize Winner may, in Sponsor’s sole discretion, be selected. All prizes will be fulfilled approximately one month after the conclusion of the Sweepstakes. For more information on the specific drawing and randomization procedures, please send an express written request to: HopSkipDrive, Inc. Attn: Legal Dept., 1933 S. Broadway, Suite No. 1144, Los Angeles, CA 90007.
Odds of Winning. Odds of winning a prize depend on the number of eligible entries received at the end of the Sweepstakes Period.
Winners' List. The Winner List will be compiled after the winner’s confirmation process is complete and will be made available upon express written request. Please send all requests for the Winners' List with a self addressed stamped envelope to: HopSkipDrive, Inc. Attn: Legal Dept.,1933 S. Broadway, Suite No. 1144, Los Angeles, CA 90007.
Publicity. Except where prohibited by law, participation in the Sweepstakes constitutes the Prize Winner’s grant to Sponsor and its subsidiaries, affiliates and those acting pursuant to its authority, a perpetual, worldwide, royalty-free license and right to print, publish, broadcast and use in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, the winner's name, address (city and state), portrait, picture, voice, likeness and biographical information for advertising and promotional purposes, without additional review, compensation, permission or approval of any Prize Winner. Prize Winner agrees that the Sponsor shall have no liability whatsoever for, and the Prize Winner will defend and hold harmless Sponsor from any liability resulting from any injury, loss or damages of any kind to persons, including death, and property, or the posting of any picture, due in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the Prize or participation in this Sweepstakes. All Entries become the sole property of Sponsor and none will be returned. In the event of a dispute, Entries will be deemed made by the authorized account holder of the Facebook or Instagram account or other social media account submitted at the time of Entry. The “authorized account holder” is deemed the natural person who is assigned to an Instagram account or other account by Instagram or the other applicable social media company. The eligible Prize Winner may be requested to provide Sponsor proof that the eligible Prize Winner is the authorized account holder of the Facebook or Instagram account associated with the winning Entry.
Release. Sponsor assumes no responsibility for: (1) technical delays or failures of any kind, (2) unauthorized human intervention during any part of the Sweepstakes, (3) technical or human error during the administration or processing of the Sweepstakes, (4) lost, late, incomplete, illegible or misdirected entries of any kind, or (5) any loss, injury, or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in the Sweepstakes. By entering into this Sweepstakes, entrants agree to release and hold harmless the Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each company's officers, directors, employees and agents from and against any claims, cause of actions, expenses, costs, and liabilities including, but not limited to, damage to or loss of property arising out of participation in the Sweepstakes; the Entrant’s conduct during and in connection with this Sweepstakes, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy, or defamation; and/or the Entrant’s receipt or use or misuse of any prize.
Each Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor reserves the right to correct typographic, clerical or printing errors in any Sweepstakes materials. Sponsor is not responsible for any typographical or other error in the printing of this Sweepstakes, the administration of the Sweepstakes or in the announcement of the Winner, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event), the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor, in its sole discretion, elects to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event.
Additional Terms. Sponsor reserves the right to substitute prizes of equal or greater value. Sponsor also reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes or, as determined by the Sponsor in their sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall 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 shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Applicable Laws and Jurisdiction. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.