Contest
OFFICIAL CONTEST RULES
"Tell Us Your Story" Contest
Void where prohibited or restricted by law. By entering the Tell Us Your Story Contest ("Contest"), entrants consent to be bound by these Official Rules, which shall constitute a contract between entrants and Capital Metropolitan Transportation Authority ("Capital Metro"). All decisions of Capital Metro with respect to the Contest shall be final.
1. Contest Description. Capital Metro is sponsoring a "Tell Us Your Story" contest as part of its i-Ride marketing campaign to promote Capital Metro's services. The Contest is an opportunity for those who ride the bus, participate in Capital Metro RideShare programs, or use Capital Metro's special services to talk about why they ride and share information about their Capital Metro experiences. Capital Metro may (in its sole discretion) use submitted contest entries in marketing materials to present the benefits and features of Capital Metro services and encourage others to take advantage of them. NO PURCHASE IS NECESSARY AND NO ENTRY FEE IS REQUIRED TO ENTER THE CONTEST.
2. Contest Period. The Contest shall begin on February 13, 2008 at 12:01 a.m. Austin, Texas time and shall continue until April 12, 2008, at 11:59 p.m. Austin, Texas time ("Contest Period") unless extended or shortened by Capital Metro in accordance with these rules. The Contest Period may be extended for a period of up to 4 additional months at the sole discretion of Capital Metro in the event that the number of qualified entries does not reach 200. In the event that the Contest Period is extended or shortened, Capital Metro will post a notice to that effect giving the new closing date and time on its website at www.capmetro.org/iride.
3. Prizes. Capital Metro will award the following prizes in the Contest to winners in both the video and non-video category:
Grand Prize
The Grand Prize winner may choose either:
One (1) Apple 8GB iPhone (current retail value = $399.00) and a $500 cash prize; or
One (1) Apple 8GB iPod Touch (current retail value = $299.00) with a
$100 iTunes gift card and a $500 cash prize.
First Prize
One (1) Apple 8GB iPod Nano (current retail value = $199.00)
Second Prize
One (1) Apple iPod Shuffle (current retail value = $79.00)
Third Prizes
Ten (10) $15 iTunes gift cards
All prizes are awarded "as is" and without warranty of any kind by Capital Metro or any other person, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). No substitutions (including for cash) are permitted, except Capital Metro reserves the right to substitute prizes of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these Official Rules. Winning entrants shall be solely responsible for any and all activation, monthly use, and other service fees that may be required in order to use the applicable prize.
4. Eligibility. To be eligible to win prizes and subject to the exclusion of Arizona residents from the Contest, you must be at least 18 years of age and a resident of one of the 50 states of the United States or the District of Columbia, and you must comply with these Official Rules. This Contest is not available to residents of Arizona due to applicable state law requirements. Officers, directors, employees, vendors and contractors of Capital Metro, judges for the Contest, and employees and partners of either Sherry Matthews Advocacy Marketing or Jackson Walker L.L.P., as well as those individuals'€™ immediate family members and the residents of their households are not eligible.
Capital Metro reserves the right, exercisable upon its sole discretion, to disqualify any individual it finds has: (1) violated these Official Rules, (2) interfered with, or attempted to manipulate, the Contest or these Official Rules, (3) violated any law or regulation by participating in the Contest; or (4) provided false information to Capital Metro.
Capital Metro has endeavored to comply with all legal requirements in developing this Contest and does not desire to accept entries from residents of jurisdictions where the Contest does not comply with the laws of the jurisdiction in which the individual resides or is otherwise deemed to be a resident. If any governmental entity in any jurisdiction determines that the Contest violates applicable laws or regulations of such jurisdiction, Capital Metro shall have the option, in its sole discretion to disqualify entrants who are residents of that jurisdiction and return any associated entry materials.
5. How to Enter. Eligible individuals may enter the Contest by sending a qualified entry to Capital Metro during the Contest Period. Entries must be received during the Contest Period. Any entries received outside the Contest Period will be not be considered by the judges. An individual may enter as many times as he or she desires so long as each entry satisfies the entry requirements. Entrants must submit a personal testimonial or commercial of why they ride Capital Metro or want to ride Capital Metro. Entries can be submitted online, by video, email, or regular mail. Entries will be judged in two categories: (1) video and (2) non-video. A Grand Prize, First Prize, Second Prize and Third Prizes will be awarded to winners in both categories.
6. Video Entries. Testimonials or commercials submitted in the video category may include video shot either with a standard video camera or a cell phone's built-in video camera. Video testimonials may not exceed two minutes.
Video submissions can be submitted through YouTube according to the YouTube Terms of Use (http://www.youtube.com/t/terms) and these Official Rules. Capital Metro reserves the right to reject any entries or comments that violate the YouTube Terms of Use or which are deemed inappropriate by Capital Metro. Submissions must be completed prior to 11:59 p.m. Austin Texas time on April 12, 2008, or 11:59 p.m. of the final date of the Contest in the event that the Contest Period is extended or shortened in accordance with these Official Rules.
Before submitting video entries through YouTube, you must first create your own YouTube account (www.youtube.com/signup) and join the group i-Ride Capital Metro Contest (www.youtube.com/group/iRide). Complete the electronic entry form and upload your video submission to the i-Ride Capital Metro Contest group showcasing why you ride or why you want to ride Capital Metro. Capital Metro reserves the right (but not the obligation) to approve all video entries prior to being posted under the i-Ride Capital Metro Contest group name. NO RESPONSIBILITY IS ASSUMED BY CAPITAL METRO FOR YOUR INABILITY TO COMPLETE THE SUBMISSION PROCESS DUE TO ANY SOFTWARE, HARDWARE, TELEPHONE, MODEM, OR INTERNET MALFUNCTIONS, PROBLEMS OR FAILURES, INCLUDING THE UNAVAILABILITY OF THE YOUTUBE WEBSITE DUE TO SUCH MALFUNCTIONS, PROBLEMS OR FAILURES.
Video entries can also be submitted in DVD format by regular mail. Video entries submitted by DVD must include a completed entry form and must be postmarked by April 12, 2008, or the final date of the Contest in the event that the Contest Period is extended in accordance with these Official Rules, and sent to:
Capital Metro
2910 E. 5th Street
Attn: Marketing Department: i-Ride Contest
Austin, TX 78702
Capital Metro is not responsible for any destruction, loss, or damage resulting in illegibility, or delay in receipt, of entries due to U.S. mail or any other circumstances beyond the control of Capital Metro. Upon submission, all entries become the property of Capital Metro and will not be returned.
7. Non-video Entries. Non-video entries must include a completed entry form and may be submitted by mail or email. A maximum of 500 words for each entry is allowed. Entries must be written in English. A valid entry is one that has all required information and contains a legible and understandable description of an entrant's Capital Metro experience or reasons for riding or wanting to ride. Entrants are strongly encouraged to submit a photograph of themselves with their non-video testimonial, but submission of a photograph is not required for a non-video entry.
Non-video submissions can take many forms, including but not limited to a letter, email, poem, song, jingle, poster or illustration. Capital Metro reserves the right to reject any entry for any reason in its sole discretion.
Recorded songs and jingles can be submitted through YouTube according to the YouTube Terms of Use (http://www.youtube.com/t/terms) and these Official Rules. Capital Metro reserves the right to reject any entries or comments that violate the YouTube Terms of Use or which are deemed inappropriate by Capital Metro. Submissions must be completed prior to 11:59 p.m. Austin Texas time on April 12, 2008, or 11:59 p.m. of the final date of the Contest in the event that the Contest Period is extended or shortened in accordance with these Official Rules.
Before submitting song entries through YouTube, you must first create your own YouTube account (www.youtube.com/signup) and join the group i-Ride Capital Metro Contest (www.youtube.com/group/iRide). Complete the electronic entry form and upload your submission to the i-Ride Capital Metro Contest group showcasing why you ride or why you want to ride Capital Metro. Capital Metro reserves the right (but not the obligation) to approve all entries prior to being posted under the i-Ride Capital Metro Contest group name. NO RESPONSIBILITY IS ASSUMED BY CAPITAL METRO FOR YOUR INABILITY TO COMPLETE THE SUBMISSION PROCESS DUE TO ANY SOFTWARE, HARDWARE, TELEPHONE, MODEM, OR INTERNET MALFUNCTIONS, PROBLEMS OR FAILURES, INCLUDING THE UNAVAILABILITY OF THE YOUTUBE WEBSITE DUE TO SUCH MALFUNCTIONS, PROBLEMS OR FAILURES.
Recorded songs or jingles may also be submitted on a CD or cassette tape.
Mailed submissions including the entry form and a testimonial letter, poem, song or jingle lyrics, poster, illustration, or other non-video submissions must be postmarked by April 12, 2008, or the final date of the Contest in the event that the Contest Period is extended in accordance with these Official Rules, and sent to:
Capital Metro
2910 E. 5th Street
Attn: Marketing Department: i-Ride Contest
Austin, TX 78702
Email submissions must be sent to iride@capmetro.org. Email submissions do not need to include an entry form, but entrants must submit the required information for each emailed non-video entry, including name, phone number and/or valid email address. NO RESPONSIBILITY IS ASSUMED BY CAPITAL METRO FOR YOUR INABILITY TO COMPLETE THE SUBMISSION PROCESS DUE TO ANY SOFTWARE, HARDWARE, TELEPHONE, MODEM, OR INTERNET MALFUNCTIONS, PROBLEMS OR FAILURES, INCLUDING THE UNAVAILABILITY OF THE CAPITAL METRO WEBSITE DUE TO SUCH MALFUNCTIONS, PROBLEMS OR FAILURES.
Capital Metro is not responsible for any destruction, loss, or damage resulting in illegibility, or delay in receipt, of entries due to U.S. mail or any other circumstances beyond the control of Capital Metro. Upon submission, all entries become the property of Capital Metro and will not be returned.
8. Entry Forms for Mailed Video Entries and Mailed Non-video Entries. Beginning on February 13, 2008, entry forms can be picked up at 2910 E. 5th Street, 310 Congress Ave or downloaded at www.capmetro.org/i-ride. In addition, beginning on such date, entry forms may be available on Capital Metro buses. Entrants must submit the required information for each mailed video entry and each mailed non-video entry, including name, phone number and/or valid email address. Entry forms must be completed in typewriting or legible printed handwriting.
9. Content. Entry submissions must be "in good taste" and may not contain any sexually explicit material or illegal content or activity. Video entries containing nudity or inappropriate language will automatically be disqualified. Capital Metro reserves the right to reject any entry for any reason in its sole discretion.
10. Determination of Winners. Entries will be judged based on imagination, creativity, expression of thought, wit, positive social values, human interest, humor, originality, and positive references to Capital Metro. Three judges will determine the winning video and non-video entries based upon the foregoing criteria with a fourth judge to be utilized and who will select the winning entry or entries only in the case of a tie. The judges shall know the identity of the entrant when judging the content of the entries.
Based on the foregoing criteria, the judges will score all entries. Based on a predetermined method distributed in advance of judging to all judges, the judges will select the highest scored video entry and the highest scored non-video entry. The judges will then rank all remaining entries in both video and non-video categories from 1 to 11 and will rank 10 runners up in each category in case prizes are forfeited. If a prize winner forfeits the applicable prize, the other winners will serve as runners-ups in consecutive order based on rankings.
The highest-scored video entry and non-video entry will receive Grand Prize awards. The next highest-ranked video entry and non-video entry will receive First Prize awards. The next highest-ranked video entry and non-video entry will receive Second Prize awards. The next ten highest-ranked video entries and non-video entries will receive the Third Prizes.
11. Number of Entries and Odds of Winning. The number of qualified entries that will be accepted in the Contest is unlimited, though Capital Metro reasonably anticipates receiving approximately 250 acceptable entries. Winners shall be chosen from all qualified entries, and because this is a contest of skill, there are no odds of a particular entry being chosen by the judges.
12. Notification of Winners. The names of all winners will be posted online at www.capmetro.org and www.capmetro.org/iride on or before six (6) months following the end of the Contest Period. Capital Metro will also attempt to notify winners by e-mail, phone and/or regular mail within seven (7) days of the prizes being awarded. At Capital Metro's sole discretion, winners may be asked to sign and return a declaration of eligibility and compliance with these Official Rules, a publicity/liability release (unless prohibited by law), and any other requested documents within the time period stipulated in the documents. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification. A winner may be required to provide Capital Metro with proof that he or she is the entrant responsible for submission of the entry. If a prize is not claimed within seven (7) days of the notification being sent, or if a winner is disqualified, then the prize will be forfeited and awarded to the entrant who would have won the prize had the original winner not done so. Any person may obtain a copy of the list of winners by sending a self-addressed, stamped envelope, to: Capital Metro, 2910 E. 5th Street, Attn: Marketing Department: i-Ride Contest List of Winners, Austin, TX 78702. Residents of Vermont and other jurisdictions where submission of return postage is prohibited may omit return postage.
13. Taxes and Fees. ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. WINNERS SHALL ALSO BE SOLELY RESPONSIBLE FOR ANY AND ALL ACTIVATION, MONTHLY USE, AND OTHER SERVICE FEES THAT MAY BE REQUIRED IN ORDER TO USE THE APPLICABLE PRIZES.
14. Transfer and Release of Rights. The content of each entry and the name, city, state and county of each entrant are non-confidential for all purposes and Capital Metro may disclose this information in conjunction with announcements related to prize winners and the Contest. All entries and submissions become the property of Capital Metro once submitted and all title and interest therein, including all rights of copyright, shall rest with Capital Metro at the time they are submitted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. To the extent that any entry or submission is not assignable, by submitting an entry or any other submission to Capital Metro, an entrant grants Capital Metro a royalty-free, perpetual, world-wide, exclusive license to reproduce the entry, to create derivative works of the entry, and to display and otherwise exploit the entry (and permit others to do any or all of the foregoing), in any medium now known or hereafter to become known and as desired by Capital Metro in its sole discretion. The submission of such materials in no way creates any obligation or duty on the part of Capital Metro to post or use such materials or, if it elects to do so, to give you credit.
By participating in the Contest, each entrant: (i) waives any moral rights that might exist with respect to the submission, (ii) warrants that the submission is original to the entrant and that all persons appearing in the submission have provided their full consent to the use and ownership by (or if applicable license to) Capital Metro as set forth herein and that no part of the submission infringes upon the intellectual property rights of any third party, and (iii) consents to Capital Metro's use of his or her name, photograph and/or likeness, address, voice, and statements made by or attributed to him or her, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast, and Internet), for all business purposes including advertising and promotional activities without additional compensation, notice or approval, unless prohibited by law.
15. Personal Information and Privacy. During or after the Contest, Capital Metro may utilize information received from entrants, such as email addresses and mailing addresses, to distribute information pertaining to Capital Metro programs and services. To opt out of such distributions, please send a request to be removed from the distribution list to: Capital Metro, 2910 E. 5th Street, Attn: Marketing Department: i-Ride Contest Mailing Opt Out, Austin, TX 78702.
16. LIMITATIONS OF LIABILITY. IN NO EVENT WILL CAPITAL METRO, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, IMMEDIATE FAMILY MEMBERS OR RESIDENTS OF THEIR HOUSEHOLDS, OR JUDGES OF THE CONTEST, JACKSON WALKER L.L.P. AND SHERRY MATTHEWS ADVOCACY MARKETING, AND THEIR RESPECTIVE EMPLOYEES AND PARTNERS, CAPITAL METRO's WEB DESIGNER OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, IMMEDIATE FAMILY MEMBERS OR RESIDENTS OF THEIR HOUSEHOLDS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY OR PUNITIVE DAMAGES. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE CONTEST AND TO THE PRIZES, CAPITAL METRO MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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.
17. DISPUTE RESOLUTION. BY ENTERING THE CONTEST, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO PARTICIPATION IN THE CONTEST SHALL BE SETTLED BY ARBITRATION, BEFORE A SINGLE ARBITRATOR, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE LOCALE OF THE ARBITRATION SHALL BE IN AUSTIN, TEXAS, AND SHALL NOT BE SUBJECT TO TRANSFER TO ANOTHER VENUE OR LOCALE FOR ANY REASON. BY ENTERING THE CONTEST, EACH ENTRANT FURTHER AGREES THAT HE WILL NOT COMMENCE OR PARTICIPATE IN ANY LITIGATION OR PROCEEDING, EITHER AS A CLASS REPRESENTATIVE OR AS A CLASS MEMBER, AND THAT HE WILL NEVER SEEK TO OBTAIN FROM CAPITAL METRO AWARDS FOR, AND HE HEREBY WAIVES ALL RIGHTS TO CLAIM, STATUTORY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEY's FEES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH ENTERING THIS CONTEST).
18. Governing Law. Entrants and Capital Metro agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to the Contest, these Official Rules, the entire relationship between Capital Metro and entrants, and any legal proceeding arising therefrom (whether grounded in tort, contract, law or equity). In the case of a dispute, subject to the provisions of the Dispute Resolution paragraph above, entrant and Capital Metro agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Travis County, Texas. Entrant hereby irrevocably and unconditionally consents to the jurisdiction of any such court and hereby irrevocably and unconditionally waives any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
19. Amendment of Rules. The Official Rules may be amended by Capital Metro in its sole discretion. Amendments will be posted on Capital Metro's website at www.capmetro.org/iride. Unless otherwise specified, any amendments will become effective on the day they are posted on this site. Any person may obtain a copy of these Official Rules, by sending a self-addressed, stamped envelope, to: Capital Metro, 2910 E. 5th Street, Attn: Marketing Department: i-Ride Contest Official Rules, Austin, TX 78702. Residents of Vermont and other jurisdictions where submission of return postage is prohibited may omit return postage.
20. Sponsor. The name and address of the contest sponsor is: Capital Metropolitan Transportation Authority, 2910 E. 5th Street, Austin, TX 78702.