LUXE PARKING AMNESTY CONTEST
The Luxe Parking Amnesty Contest (the “Contest”) begins at 12:00 a.m. PT on January 19, 2016 (the “Contest Start Date”) and ends at 11:59 p.m. PT on February 2, 2016 (the “Contest End Date”), such period referred to herein as the “Contest Period”. The Contest is sponsored by Luxe Valet, Inc. (the “Contest Sponsor”). The Contest Sponsor’s computer is the official clock for the Contest. The Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter. You are providing your information to the Contest Sponsor and not to Twitter.
THESE OFFICAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
- How to Enter: To enter the Contest:
Log into your Twitter account (www.twitter.com). If you are not already a member of Twitter, download and install the free Twitter application and register for a free Twitter account;
Through either your Instagram or Twitter account, submit an original photograph of a parking ticket you have received (all parking tickets must have been received on or after January 1, 2015 to be eligible) and a creative caption explaining how you received the parking ticket; and
Caption the photograph with the hashtag #ParkingProblems and mention @LuxeValet.
- Prize: There will be 100 winners selected. Each winner will receive a prize consisting of Luxe service credits of an approximate retail value equal to the value of the winner’s parking ticket, up to USD$100.
Restrictions, conditions and limitations may apply. All Luxe credits received by winners must be redeemed at www.luxevalet.com or through the Luxe application within ninety (90) days of the Contest End Date. Use of any Luxe credits is subject to the Contest Sponsor’s Terms of Service located at www.luxevalet.com/terms. Contest Sponsor is not responsible if any winner does not use the Luxe credits. Odds of winning are affected by the number of eligible entries received by the Contest Sponsor by the Contest End Date. Total approximate retail value of all prizes: USD $[10,000]. The prizes will be delivered to the winners before February 16, 2016. There is no substitution, cash equivalent or transfer of prizes allowed. In order to receive a prize, winner may be required to register an account at www.luxevalet.com. All federal, state, and local taxes, if any, are the responsibility of the winner.
- Eligibility: The Contest is open to legal residents of the 50 United States and the District of Columbia who are at least 18 years old at the time of entry and have an active e-mail account and Internet access as of the Contest Start Date. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Contest, each entrant accepts the terms and conditions stated in these Official Rules, agrees to be bound by the decisions of the Contest Sponsor and warrants that s/he is eligible to participate in the Contest. Employees, independent contractors, officers, and directors of the Contest Sponsor, its affiliates and subsidiaries, and their respective advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Contest. CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state, provincial/territorial and local laws and regulations. Entries that are submitted in connection with the Contest will only be eligible if such entries do not contain content that is unlawful, hateful or obscene, in the Contest Sponsor’s sole discretion, and do not include any other identifiable individual other than the individual participant unless prior express consent is obtained from such individual.
- Use of Content: By submitting content to the Contest Sponsor in connection with the Contest (including, without limitation, any photograph uploaded to Twitter in the process of entering the Contest), you automatically represent and warrant that you have the right to grant, and do hereby grant, to Contest Sponsor the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such content; and (b) use the content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the content and the right to practice. You warrant that the content has not been copied from any third party and its use by Contest Sponsor will not infringe or involve the misappropriation of any third party rights and agree to indemnify and hold harmless Contest Sponsor from and against any breach of this warranty. Under no circumstances will the Contest Sponsor be required to treat such content as confidential. The Contest Sponsor will be entitled to use the content in accordance with this Section without permission from or compensation to you or any other person. For the avoidance of doubt, the Contest Sponsor will not be liable to you or any other person for any ideas for the Contest Sponsor’s business (including, without limitation, product designs or ideas) derived from the content and will not incur any liability as a result of any similarities to the content that may appear in any future products or services of the Contest Sponsor.
- Selection of Winners: On or about February 5, 2016, the winners will be selected by a panel of Contest Sponsor’s [director of communications], in such panel’s sole discretion, using the following criteria: 40% creativity and 60% originality. The 100 entrants with the highest overall scores will be deemed the potential winners and will be notified by the Contest Sponsor via the social media channel through which the entrant entered the Contest (Twitter). In the event the potential winner does not accept the prize within two (2) business days of notification, the winner is ineligible, or the prize or prize notification is not deliverable, the entrant with the next highest score may be contacted as an alternate winner. The Contest Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify winners. The winner agrees to the use of his/her name, address (by reference only to the state, province, county or region), likeness, and/or prize information by Contest Sponsor for promotional purposes in any medium without additional permission or compensation to the extent permitted by law. Where lawful, the potential winner may be required to sign and return a Publicity Consent and Liability Release within the above-referenced two (2) business day period.
- Conditions: The Contest Sponsor, Twitter, and each of their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim, to the fullest extent permitted by law) all liability arising from or relating to: (a) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; (b) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (c) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (d) any condition caused by events beyond the control of the Contest Sponsor; (e) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; or (f) any printing or typographical errors in any materials associated with the Contest. The Contest Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Contest should any unauthorized human intervention or other causes beyond the Contest Sponsors’ control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In the event that proper administration of the Contest is prevented by such causes as contemplated above, the Contest Sponsor will select the winners from all eligible, non-suspect entries received prior to such occurrence. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be deemed to be made by the authorized account holder of the email address at time of entry. “Authorized account holder” is the natural person who is assigned an email address by an internet service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. By participating in the Contest, participants and winners agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Contest, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Contest, participation in the Contest, the prize, and/or acceptance, possession, use or misuse of the prize, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. The Contest shall be governed by California law, without regard to its conflict of laws provisions. By participating in the Contest, entrants agree that California courts shall have jurisdiction over any dispute or litigation arising from or relating to the Contest and that venue shall only be in the federal courts located in the Northern District of California or the state courts located in San Mateo County, California.
- Winners List: For the name of the winner or a copy of these Official Rules, send a self-addressed envelope within ninety (90) days of the Contest End Date to the Contest Sponsor (residents of Vermont and Washington may exclude postage).
- Contest Sponsor:
[155 12th Street San Francisco CA 94103]
- Notice: The Contest Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules and/or criminal and/or civil law.
- Copyright © 2016 Luxe. All rights reserved. Luxe is a trademark of Luxe Valet, Inc.. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.
- Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate
This Section 11 is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to these Official Rules (including any alleged breach thereof), the Contest, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into the Contest and these Official Rules, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Pre-Arbitration Dispute Resolution
Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email@example.com]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to [155 12th Street San Francisco CA 94103] (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
- Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 11(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 11(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Official Rules will continue to apply.
- Future Changes to Arbitration Agreement
Notwithstanding any provision in these Official Rules to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while the Contest is running, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.