NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
SPONSOR/ADMINISTRATOR
The San Francisco PayByPhone Giveaway (the “Sweepstakes”) is sponsored and administered by PayByPhone Technologies Inc., 600-1290 Homer Street, Sixth Floor, Vancouver, BC V6B 2Y5, Canada (“Sponsor”, “Administrator”) and is governed by these terms and conditions (the “Official Rules”). The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with any third party, including Instagram.
SWEEPSTAKES PERIOD
The Sweepstakes begins at 3:00 PM (“PST”) JULY 17, 2023 and ends at 11:59 PM (“PST”) AUGUST 7, 2023 (“Sweepstakes Period”).
ELIGIBILITY
The Contest is open to all legal residents of the San Francisco area, who are 18 years or older at the time of Entry (as defined below) (each an “Entrant” and collectively, “Entrants”). Employees of the Sponsor and Administrator, and their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this promotion are ineligible to enter or win.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
AGREEMENT TO OFFICIAL RULES
By participating, Entrants agree to abide by and be bound by these Official Rules as well as any decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER
There is one way to enter:
1. Form -
Fill out the form located at
https://www2.paybyphone.com/park-pay-play-sanfrancisco which includes a full name, email address and a PayByPhone account number.
Sponsor reserves the right to disqualify any person or e-mail address that submits more than maximum allowed entries. Released Parties (as defined below) are not responsible for: lost, late, incomplete, invalid, unintelligible, illegible, or misdirected entries. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned. By participating, Entrants consent for Sponsor to obtain, use, and transfer their name, address, and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.
PRIZES & PRIZE CONDITIONS
There are a total of two (2) prizes available to be won. The total value of each prize is $616.98 USD.
Grand Prize: There are two (2) Prize consisting of a $100 USD gift card to Blue and Gold Fleet, $100 USD gift card to Cioppino’s restaurant, a $100 USD gift card to Pier Market restaurant, 2 tickets to Ripley’s Believe It Or Not & Madame Tussaud’s total value $91.98 USD, a $100 USD gift card to Aquarium of the Bay, a $25 USD Ben & Jerry’s gift card, a $100 USD Bay City Bike Rentals gift card, and each will be redeemable on the business’s website/in their store. The prizes cannot be returned in exchange for cash/credit.
WINNER SELECTION
There will be one (2) draws from among all eligible Entries received by the Administrator (the “Drawings”). The Drawings for the prizes will take place at the Sponsor’s office on or around August 14, 2023. Entrants do not need to be present for the Drawings.
ODDS
Odds of winning a Prize will depend on the total number of eligible entries received during the Sweepstakes Period.
WINNER NOTIFICATION
After the Drawing, the selected Entrant (the “Potential Prize Winner”) will be contacted by the Administrator via the email they provided in the entry form. Potential Prize Winner will then have three (3) business days to respond to the Sponsor, complete the required documentation, and claim their Prize. If a Prize or prize notification is returned as unclaimed or undeliverable to the Potential Prize Winner, if a Potential Prize Winner cannot be reached via phone within three (3) calendar days from the first notification attempt, if the Potential Prize Winner fails to return requisite document(s), within the specified time period, or if a Potential Prize Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsors' sole discretion, an alternate Potential Prize Winner may be selected for the Prize at issue. The Prize notification process outlined above will be repeated until such time as the Prize is awarded. Once a Potential Prize Winner successfully communicates with the Sponsor and completes the required document(s), and receives the Prize, then the Potential Prize Winner becomes a “Prize Winner”.
ALL EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF A PRIZE NOT MENTIONED HEREIN ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNERS. No substitution or transfer of Prizes will be permitted. The Sponsors reserve the right at their sole discretion to substitute the Prize with another Prize of equal or greater value in the event that the aforementioned Prize is not available. By accepting any Prize, the Prize Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of the prize in question. The Prize Winner will be responsible for all local, state, and federal taxes associated with the receipt of their accepted prize. The Prize Winners are solely responsible for all matters relating to their prize after it is awarded.
By accepting a Prize, where permitted by law, the Prize Winner grants to the Released Parties (defined below) and those acting pursuant to the authority of the Sponsors and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
RELEASE AND LIMITATIONS OF LIABILITY
By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor/Administrator, and its respective parent companies, employees, officers, directors, volunteers, members, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, action, injury, loss, damage or cause of action arising out of or relating to participation in the Sweepstakes, acceptance or receipt of any prize, use or misuse of any prize, or participation in any prize-related activity, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) errors in the administration of the Sweepstakes or the processing of entries; or (d) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, entries. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
GENERAL CONDITIONS
If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.[Text Wrapping Break] ALL EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF A PRIZE NOT MENTIONED HEREIN ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNERS. No substitution or transfer of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute the prize with another prize of equal or greater value in the event that the aforementioned prize is not available. By accepting any prize, the Prize Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of the prize in question. Prize winners will be responsible for all local, state, and federal taxes associated with the receipt of their accepted prize. The Prize Winners are solely responsible for all matters relating to their prize after it is awarded. If a prize or prize notification is returned as unclaimed or undeliverable to the potential winner, if a potential Winner cannot be reached via phone within three (3) calendar days from the first notification attempt, or if the potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected for the prize at issue.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS PROFIT, CLAIMS OF THIRD PARTIES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
USE OF DATA
All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at
https://paybyphone.com/about/terms-privacy. By participating in the Sweepstakes and providing any personal contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
DISPUTES
By entering the Sweepstakes, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased 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 Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with the Laws of the entrants resident Province or State. Any legal proceedings arising out of this Sweepstake or relating to these Official Rules shall be instituted only in the province/state courts of relevant city, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the Approximate Retail Value thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated Approximate Retail Value, the difference will not be awarded in cash.
