BART Survey & Contest: Official Rules
1. SPONSOR AND OPERATOR: The sponsor and operator is Bay Area Rapid Transit, P.O. Box 12688 (LKS-18) Oakland, California 94604-2688 (“Sponsor”).
2. ENTRY PERIOD: The BART Customer Satisfaction Survey & Contest (this “Sweepstakes”) begins on September 11, 2018 at 4:00 AM Pacific Daylight Time (“PDT”), and ends on October 24, 2018, at 5:00 PM PDT (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; Corey, Canapary and Galanis; and their respective affiliates, subsidiaries, advertising and promotion agencies, consultants or independent contractors, or immediate family members, or persons living in the same household, of such employees are not eligible to enter this Sweepstakes or win the prize. “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: there are two (2) methods of entering this Sweepstakes:
a. Complete the official entry form via paper questionnaire distributed by Corey, Canapary and Galanis survey staff. Paper questionnaires may be returned to survey staff during the Entry Period, or via mail to: BART, Attn: Marketing Dept. - Survey & Contest, P.O. Box 12688 (LKS-18) Oakland, California 94604-2688.
b. Complete the official entry form via paper questionnaire sent to you via mail. To request an official entry form, send an email to firstname.lastname@example.org with “satisfaction survey” in the subject line and your mailing address in the body of the email. Requests for paper questionnaires via mail must be received by October 9, 2018 at 5:00 PM PDT.
Once submitted, entries become the exclusive property of Sponsor and will not be returned. 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. All mailed entries must be postmarked by October 24, 2018 and received by Sponsor by October 31, 2018. Limit one completed survey per envelope. Entrant may receive up to a maximum of five (5) total entries in the Sweepstakes, regardless of method of entry.
5. WINNER DETERMINATION/DRAWING: Sponsor will select winner(s) from among all eligible entries received during the Entry Period in a random drawing on or about January 7, 2019 in Oakland, California. Sponsor will select five (5) winners. Limit one (1) prize per person. Entrants need not be present to win. Potential winners will be notified by email or phone. If any prize notification is returned as undeliverable, or if winner does not respond to notification within five (5) business days of the date of notification, prize will be forfeited and an alternate winner will be chosen. Unclaimed prizes may not be awarded. Potential 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 five (5) prizes. One (1) prize consists of an Apple iPad with an approximate retail value of $329, and four (4) prizes consist of Clipper cards with retail values of $100 each. Approximate aggregate prize value: $729. 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. Prizes are non-transferable. 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: 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, loss, damage, travel complications, whether direct, compensatory, incidental or consequential, to person, including death, and 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, incomplete, 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 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 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.
8. 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.
9. QUESTONS/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 January 31, 2019 to: Winners List/Marketing Dept. BART Customer Satisfaction Survey & Contest, Bay Area Rapid Transit, P.O. Box 12688 (LKS-18) Oakland, California 94604-2688.