Eligibility: This contest (the “Contest”) is open only to legal residents of the United States who are at least eighteen (18) years old. Employees of Lyft, Inc. (“Sponsor” or “Judges”), Motivate International, Inc., as well as the immediate family (spouse, parents, siblings, and children) and household members of those employees, are not eligible to enter.
Entry Period: The Contest begins at 12:00 AM CT on Friday, November 29, 2019 and ends at 11:59 PM CT on Tuesday, December 31, 2019 (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Contest.
How to Enter: To participate, you must have an Instagram or Twitter account, and it must be set to “public.” To enter, post a picture on your Instagram or Twitter account of you posing with or riding on Divvy’s #HoliDivvy holiday-themed bike, with the hashtags #HoliDivvy and #contest. When you do, you will receive one (1) entry (“Entry”). You may not use multiple accounts to enter. Sponsor may disqualify any entrant that attempts to enter through multiple accounts. By entering, you indicate your full agreement to these Official Rules and Sponsor’s decisions regarding the Contest, which are final and binding.
Winner Determination: The Judges will judge all eligible Entries to determine the most compelling Entry based on the following judging criteria: originality (34%), holiday spirit (33%) and focus on the #HoliDivvy bike (33%). Entries that do not include either of the above-referenced hashtags, include selfies while riding the #HoliDivvy, or that do not feature the #HoliDivvy bike are not eligible entries. On or about January 6, 2020 (“Drawing Date”), the five (5) most compelling Entries as determined by the Judges will be deemed winning Entries (the “Winning Entry”). Subject to verification of eligibility and compliance with the terms of these Official Rules, the eligible Participants that submitted the Winning Entries, as determined by the Judges, will be declared the official winners of the Contest (each a “Winner”). Sponsor will send a direct message from @divvybikes to each potential winner’s Twitter or Instagram account with instructions on how to claim the Prize. In the event of a tie, Sponsor will choose the best Entry in Sponsor’s sole discretion.
Potential Winner Requirements: Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If the Sponsor does not already have one on file, each potential winner may be required to sign and return to the Sponsor a completed Form W 9 (“W-9”) for tax reporting purposes, in order to claim his/her Prize. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. If the potential winner fails to respond within 24 hours or if the notification is returned as undeliverable or fails to reach the potential winner for any reason, the potential winner will be disqualified and an alternate winner may be selected at Sponsor’s sole discretion, who will be subject to disqualification in the same manner.
Prizes: Each Winner will receive one (1) official Divvy bike seat cover (the “Prize”). Approximate retail value of the Prize is $5.00 USD. A winner is responsible for paying any applicable income taxes and any and all other fees, costs and expenses not listed above. Any Prize details not specified above will be determined by Sponsor, in its sole discretion. A Prize may not be transferred and must be accepted as awarded, and any difference between approximate and actual Prize value will not be awarded. A winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a Prize with another prize of equal or greater value if the Prize is not available for any reason, as determined by Sponsor, in its sole discretion.
License Grant: By entering the Contest, you grant Sponsor, its agents, licensees, and assigns, an irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Entry as-is or as-edited (with or without your name, image and likeness, and the likeness of any other individuals depicted inyour Entry) in any media throughout the world for any purpose, without limitation, and without additional review, compensation or approval from you.
General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the Prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the operation of the Contest, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Sponsor reserves the right to seek damages from any person who seeks to undermine the legitimate operation of the Contest. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited.
Release and Limitations of Liability: By entering, you agree to release and hold harmless Sponsor, Twitter, Instagram, and each of its respective parents, subsidiaries, affiliates, officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to participation in the Contest or receipt or use of any Prize, including, but not limited to (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) technical errors that may prevent an individual from participating or receiving direct messages related to the Contest; (d) printing errors; (e) lost, late, postage-due, misdirected, or undeliverable mail; (f) errors in the administration of the Contest or the processing of posts; or (g) injury or damage to persons or property. You further agree that in any cause of action, in no event shall the Released Parties be liable for attorneys’ fees or other legal costs. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, or indirect damages. All potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to this Contest. An entrant is not a winner of any Prize, even if the Contest should so indicate, unless and until entrant’s eligibility and the potential winning Entry has been verified and entrant has been notified that verification is complete. Sponsor will not accept alternative evidence of winning in lieu of its validation process.
Disputes: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the rules of the American Arbitration Association. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, except as preempted by FAA, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California. In the event of any conflict between this provision and the dispute resolution and arbitration agreement in the Lyft Terms of Service https://www.lyft.com/terms, the Lyft Terms of Service shall govern.
Sponsor: The Contest is sponsored by Lyft, Inc., 185 Berry Street, Suite 5000, San Francisco, California 94107. The Contest is not sponsored by, endorsed by, administered by, or associated with Twitter or Instagram.