BART Survey & Contest: Official Rules

The following Official Rules apply to the BART East Bay Commuter Survey Sweepstakes.
 

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VALID ONLY IN CALIFORNIA.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  NEED NOT BE PRESENT TO WIN.  ANY PERSONAL INFORMATION YOU PROVIDE WILL BE USED FOR AND BY SPONSOR, WHICH IS USING YOUR ENTRY(IES) PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THESE OFFICIAL RULES AND ITS PRIVACY POLICY.  FOR A COPY OF THESE OFFICIAL RULES, ACCESS AND PRINT THEM AT WWW.BART.GOV/SURVEY.

  1. SPONSOR AND OPERATOR:  The sponsor and operator is the San Francisco Bay Area Rapid Transit District (BART), P.O. Box 12688 (LKS-18) Oakland, California 94604-2688 (“Sponsor”).
     
  2. ENTRY PERIOD:  The BART East Bay Commuter Survey Sweepstakes (this “Sweepstakes”) begins on January 28, 2020 at 5:00 AM Pacific Standard Time (“PST”), and ends on March 1, 2020, at 11:59 PM PST (the “Entry Period”).  Sponsor’s computer is the official time-keeping device for this Sweepstakes.
     
  3. ELIGIBILITY:  This Sweepstakes is open only to residents of California who are at least eighteen (18) years old at the time of entry.  Employees and agents of Sponsor, and their immediate family members and persons residing in the same household of such employees are not eligible to enter or win. “Immediate family members” shall mean parents, spouses, children, siblings or grandparents and each of their respective spouses, regardless of where they reside. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
     
  4. HOW TO ENTER: Go to www.bart.gov/eastbay.  The Sweepstakes entry fields are at the end of the online survey.  Public libraries have free internet access. Each participant will need to provide an email address, and check the box next to “Enter me in a drawing for a chance to win a $250 Clipper card* as a thank you for completing this survey” to be entered into the Sweepstakes.  By completing and submitting the Sweepstakes entry fields during the entry period, each participant with a unique email address will earn one (1) sweepstakes entry.  Participants can receive additional bonus entries by referring others to take the survey.  Participants will earn one additional bonus entry for each referred person with a unique email address who takes the survey using participant’s referral link.  Participants can earn a maximum of one (1) entry for taking the survey, and a maximum of 25 bonus entries for referrals.  Once submitted, entries become the exclusive property of Sponsor. No automatic, programmed, robotic or similar means of entry are permitted.  Sponsor is not responsible for incomplete, damaged, delayed, destroyed, garbled, mutilated, misdirected, illegible or lost entries. 
     
  5. WINNER DETERMINATION/DRAWING:  Sponsor will select one (1) winner from among all eligible entries received during the Entry Period in a random drawing on or about March 2, 2020 in Oakland, California.  Entrant need not be present to win.  Winner will be notified by email.  If any prize notification is returned as undeliverable, or if winner does not respond to notification within seven (7) business days of the date of notification, prize will be forfeited and an alternate winner will be chosen. Unclaimed prizes may not be awarded.  Winner may be required to sign and return an Affidavit of Eligibility and Release within fourteen (14) calendar days of notification in order to receive a prize.  In the event of noncompliance with these requirements, the prize will be forfeited and an alternate winner will be selected.  In the event of a dispute over the identity of an entrant submitting his or her entry, entries will be deemed to have been submitted by the authorized account holder.
     
  6. PRIZES/ODDS. Sponsor will award a total of one (1) prize.  Prize consists of a Clipper card with cash value of $250 that can be used on any Bay Area transit agency that participates in Clipper.  Approximate retail value of prize: $253.  Odds of winning depend on the number of eligible entries received.  Winner is responsible for all taxes on prizes and associated expenses, including, without limitation, federal, state and local sales and income taxes, luxury taxes, and any other costs incurred in claiming or using the prize.  Unclaimed prizes may not be awarded.  No transfer, refund, substitution or replacement of a prize is permitted, except that the Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value.  Purchase will not increase your chances of winning.  Sponsor makes no representation to winner as to the fitness or suitability of the prize for any purpose, and Sponsor hereby disclaims any and all warranties, express or implied, concerning any prize.

    7.    GENERAL:   This sweepstakes is subject to applicable federal, state and local laws.  By entering this Sweepstakes, entrant hereby waives and releases, and agrees to hold harmless Sponsor, and any of their affiliated and subsidiary companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any and all rights, claims and causes of action whatsoever that he or she may have, or which may arise, against any of the Released Parties for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, death, loss, travel complications, tax liability or damage of any kind, whether direct, compensatory, incidental or consequential, to person or property arising in whole or in part, directly or indirectly, from his or her acceptance, possession, use or misuse of the prize, his or her participation in this Sweepstakes, or his or her participation in any prize-related activity.

The Released Parties assume no responsibility for electronic hardware, programming or software malfunctions, or failures, or line connections, accessibility or availability, or technical failures of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of any entry or other information, or for the failure to capture any such information.  Sponsor is not responsible for: (1) late, delayed, destroyed, garbled, or incomplete entries; (2) any incorrect or inaccurate information, whether caused by entrants, or by any of the equipment or programming associated with or utilized in this Sweepstakes; (3) human error or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (4) unauthorized human intervention in any part of the entry process or this Sweepstakes; or (5) technical malfunction or human error which may occur in the administration of this Sweepstakes or the processing of entries. 

Further, if, for any reason, this Sweepstakes is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes, and randomly select the winner from the eligible entries received prior to the action taken.

By entering or participating in this Sweepstakes, entrant agrees to be bound by these Official Rules and by the decisions of the judges, which are final and binding in all respects.  Entrant waives any right to claim any ambiguity or error in these Official Rules or this Sweepstakes itself.  By entering or participating in this Sweepstakes, entrant expressly acknowledges that these Official Rules have been drafted in the English language, and that any translation prepared for any other reason will be of no legal effect, and the English version of these Official Rules shall govern any dispute.

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 this Sweepstakes or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil law, and, should such an attempt be made, 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 Official Rules shall not constitute a waiver of that provision.  Acceptance of prize shall constitute and signify the winner’s agreement and consent that Sponsor may use his/her name, address (city and state only), likeness, and/or prize information for promotional purposes in any media now existing or hereinafter devised, without additional compensation, where legal.

  1. DISPUTE RESOLUTION.  Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in Alameda County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
     
  2. WARNING. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS; AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING SEEKING CRIMINAL PROSECUTION.
     
  3. QUESTIONS/WINNERS LIST. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor. For a list of winners, send a hand-printed, self-addressed, stamped envelope by March 31, 2020 to: Winners List/Marketing Dept. BART East Bay Commuter Survey Sweepstakes, Bay Area Rapid Transit, P.O. Box 12688 (LKS-18) Oakland, California 94604-2688.
     
  4. Personal information. The personal information provided to enter the Sweepstakes will be used to notify the winning entry of the prize won. BART does not share, sell, trade, or rent personal information to anyone, or disclose personal information except: 1) When the purpose and manner of the disclosure has been disclosed prior to the provision of the information, or 2) When disclosure is required by law. BART’s privacy policy is available at: bart.gov/siteinfo/privacy.aspx