Cruise Name Poppy’s Pals Promotion Participation Terms & Conditions
NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE.
1. PROMOTION DESCRIPTION: The Cruise Name the Fleet Promotion (the “Promotion”) offers eligible “Participants” (as defined in Section 2) the opportunity to suggest a name for one of the self-driving cars in the Sponsor’s (defined below) fleet. Name suggestions will be collected via a dedicated website (the “Car Name” and collectively with the post content or other participation information, the “Submission”). The Sponsor of this Promotion is Cruise LLC, 333 Brannan Street, San Francisco, CA 94107 ("Sponsor"). The administrator of this Promotion is Creative Zing Promotion Group, 2265 Lee Road, Suite 229, Winter Park, Florida 32789 ("Administrator"). The Sponsor and Administrator shall collectively be referred to as the “Promotion Entities”.
The Promotion will operate as follows:
Submission Period: The Submission Period begins on Wednesday, April 13, 2022 at 9:00 am Pacific Time (“PT”) and ends on May 11, 2022 at 11:59:59 pm PT.
Submission Review: Submissions will be reviewed throughout the Submission Period and Promotion Entities will select Submissions, at their sole discretion, for further consideration for possible inclusion in the Promotion.
Participant Notification: Throughout the Submission Period, Participants who have submitted Car Names approved for consideration in the Promotion (as determined at the sole discretion of the Promotion Entities), will be notified by the Sponsor or Administrator via email.
2. PARTICIPANT ELIGIBILITY: In order for their Submission to be considered, Participants must meet the following eligibility criteria:
Each Participant must be a legal United States resident physically residing within the fifty (50) United States or the District of Columbia;
Each Participant must be at least thirteen (13) years of age at time of submission and meet all other eligibility requirements. Eligible Participants who are under the legal age of majority in their state of primary residence (“Minor”) must obtain their parent or legal guardian’s permission to participate;
Participants who enter via the online submission form must be the rightful owner (or have authorized use) of the email account associated with the Submission.
3. HOW TO PARTICIPATE: During the Submission Period, Participants must submit their suggestion for the name of a car in the Sponsor’s fleet of self-driving automobiles (the “Car Name” or “Submission”). There is one (1) method of participation:
Website: Participants who wish to participate must visit https://www.getcruise.com/poppys-pals (the “Website”) during the Submission Period. Follow the onscreen prompts to accurately and completely provide all of the information requested on the submission form. Upon completion of the submission form, affirmatively accept the Terms & Conditions and click the “Submit” button.
IMPORTANT: Your Submission may appear in the Sponsor’s social media stream. Be sure you are comfortable with your Submission before submitting. If you do not want your Submission to be made public, do not participate in the Promotion. Promotion Entities reserve the right to request that any Participant edit or completely remove any content that may intentionally or unintentionally violate the Terms & Conditions.
4. SUBMISSION GUIDELINES:
For a Submission to be considered, it must:
Be original to the Participant;
Be one (1) word or (2) words that does not exceed fifteen (15) characters in length;
Be the participant’s interpretation of a fun and engaging name for a self-driving car;
Be in compliance with these Terms and Conditions;
Submissions must NOT:
Contain reference or material which is sexually explicit, lewd, obscene, pornographic, defamatory, violent, discriminatory, illegal, offensive, threatening, profane, or otherwise objectionable as determined by the Promotion Entities in their sole discretion;
Infringe on any brands, third-party trademarks or include mention or depiction of any copyrighted material (including but not limited to music, video games, films, books, television programming, etc.);
Contain material that infringes or violates any applicable laws or regulations or any right of a third party including: (1) patent, trade secret or other proprietary rights; (2) right of privacy or publicity; or (3) any confidentiality obligation; and
Contain any derogatory references to any Promotion Entities or third party.
Incomplete, unreadable, or unintelligible entries will not be considered. All Submissions provided by Participants become the property of Sponsor. Participation in the Promotion constitutes Participant's understanding of, full and unconditional agreement to, and acceptance of these Terms. Sponsor reserves the right to disqualify any Participant that Sponsor determines to be in violation of any term contained in these Terms and Conditions. Sponsor's decision not to enforce a specific provision of these Terms does not constitute a waiver of that provision or of the Terms generally. Sponsor has the right to change the Submission Period, and all other dates or deadlines set in connection with this Promotion, at any time and in its sole discretion and notice will be posted on the Website.
5. AWARD/PARTICIPANT NOTIFICATION/RELEASES: Each Participant whose Submission has been approved for consideration (as determined at the sole discretion of the Promotion Entities) in the Promotion will advance to the top of Sponsor’s Community Rider waitlist. Where multiple Submissions are approved, Participant will advance on the waitlist in order of Submission receipt.
Participants whose Submissions have been selected will be contacted via email.
6. PUBLICITY GRANT/USE OF SUBMISSION: By providing a Submission, each Participant waives all moral rights in and to the Submission and grants ownership of such Submission to Sponsor. Sponsor and its respective licensees, successors and assigns may choose to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of, and otherwise use the Submission and all elements of such Submission, together with any other material, and the name, user name, city and state of residence, voice, image and/or likeness of Participant (including, but not limited to, profile photo), in any and all media now known or hereafter devised, in any manner, in whole or in part, worldwide, without compensation or notification to, or permission from, Participant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade. Participant agrees that, if required by Sponsor, they will sign documents to this effect. Released Parties are not responsible for any unauthorized use of Submission by third parties. Sponsor has no obligation to make use of the rights granted herein.
7. NATURE OF RELATIONSHIP: Each Participant understands and acknowledges that the Promotion Entities have wide access to ideas, designs, and other materials, and that new ideas are being developed by their own employees, suppliers, and/or business partners. Each Participant also acknowledges that many ideas may be competitive with, similar, or identical to his/her Submission in theme, idea, format or other respects. Each Participant acknowledges and agrees that he/she will not bring any action against Promotion Entities or any third parties, and will not be entitled to any compensation, as a result of the Promotion Entities or any third parties use of any such similar or identical Submission or material. Participants acknowledge and agree that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of copyright or other intellectual property rights in and to the Submission. Nothing stated herein should be construed to create any kind of employment relationship, contractor relationship, work for hire, partnership or joint venture with Promotion Entities. Participants waive any right to inspect or approve any car named using the Participant’s Submission, or any advertising or other creative materials that may be used in connection therewith. Participants release Promotion Entities and anyone acting under their permission or authority, from any liability by virtue of the manner in which the Submission is utilized or the use to which it may be applied. Each Participant understands that Promotion Entities have the right, but not the obligation, to use the Submission.
8. CONDITIONS OF PARTICIPATION: Participants shall indemnify, defend and hold harmless the Promotion Entities and each of their respective parents, affiliates, divisions, subsidiaries, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the “Released Parties”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable outside attorneys’ fees, arising out of or in connection with any third-party action arising out of or resulting from a) Participant’s participation in the Promotion; (b) a breach or alleged breach of any of Participant’s obligations; and/or (c) acceptance, possession, use or misuse of a Award, including without limitation, personal injury, death and property damage arising therefrom.
The Released Parties shall not be liable for, and each Participant shall release the Released Parties from, any and all claims, damages or liabilities arising from or relating to: (a) lost, damaged, or stolen Award; (b) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Promotion; (c) acceptance, possession, grant, or use of any Award, including without limitation, personal injury, death and property damage arising therefrom; or (d) any printing, typographical, human administrative or technological errors in any materials associated with the Promotion.
These Promotion Terms are subject to modification by Sponsor at any time. In the event of a dispute, all decisions made by Sponsor are final and binding. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion (or any portion of the Promotion) if, for any reason, the Promotion is not capable of completion as planned, including, without limitation, should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit participation in the Promotion. If terminated, any unawarded Award may remain unawarded. Sponsor may prohibit an otherwise eligible Participant from participating in the Promotion or receiving a Award if, in its sole discretion, it determines that such Participant is attempting to undermine the legitimate operation of the Promotion by cheating, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Participants or Sponsor's representatives.
9. DISPUTES: This Promotion is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Promotion, Participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
10. ARBITRATION PROVISION: By participating in this Promotion, each Participant agrees that any and all disputes the Participant may have with, or claims Participant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Promotion, and/or (ii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the Participant and Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Promotion. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Participant's and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the Participant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.