Contest Rules for the City of Boston

Boston’s Safest Driver Contest & Sweepstakes Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.    

You are providing your information to the City of Boston and the Promotion Entities as later described in these Official Rules. The information you provide will only be used in accordance with the City of Boston’s privacy policy which may be viewed at http://www.cityofboston.gov/copyright/privacypolicy.asp and these Official Rules. Apple® and Google® are not sponsors or otherwise associated with the Contest or Sweepstakes. Apple and Google are not responsible in any manner for this Promotion including the conduct of the Promotion or the awarding of any prize.

1. PROMOTION TIMING: The Boston’s Safest Driver Contest & Sweepstakes (collectively the “Promotion”) entry period begins on Monday, October 3, 2016 at 12:00:01 a.m. Eastern Time (“ET”) and ends on Sunday, December 4, 2016 at 11:59:59 p.m. ET (the “Promotion Period”). The Promotion will consist of skill based time periods and prizes and random drawing time periods and prizes. All skill based eligible entries received during the Promotion Period will be rated and awarded safe driver rating points (“Points”)  based on Cambridge Mobile Telematics (“CMT”) predefined Points award criteria as later described in these rules. 
2. ACCEPTANCE OF RULES: Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes. Each person who downloads the Boston’s Safest Drive (the “App”) App to enter the Promotion (“Entrant”), unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the City of Boston, 1 City Hall Plaza, Boston, MA 02201-2013  (the “Sponsor”), Cambridge Mobile Telematics (“CMT”) (“App Administrator”) and/or COHEN-FRIEDBERG ASSOCIATES, LLC Framingham, MA 01702 www.cfapromo.com (the “Administrator”), whose decisions shall be final and legally binding in all respects and not subject to additional review.
3. ELIGIBILITY: This Promotion is open to legal residents of the City of Boston (comprised of 51 participating Zip Codes listed at the end of these Official Rules) who are eighteen (18) years of age or older at the time of entry and who reside in the United States at the time of entry. Employees, officers, and directors of Sponsor, app Administrator, Administrator, City of Boston, Vision Zero Task Force Representatives, Arbella Insurance Foundation or Arbella Service Company,  CMT, and each of their affiliated companies, subsidiaries, licensees, franchisees, distributors, dealers, sales representatives, their advertising and promotion agencies, and any and all other companies associated with the Promotion (collectively, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. Eligibility is subject to all federal, state, provincial and local laws and regulations. 
4. HOW TO ENTER: To participate, you will need to download the Boston Safest Driver App to your mobile phone.  You may download the free App online at the Apple App Store or the Google Play Store.  As part of the entry process, you will need to enter your participating zip code on the registration page.  Only valid City of Boston participating zip codes will be allowed entry into this Promotion and to win prizes. In order to activate your App and to begin entry in the Promotion you must begin a trip via your vehicle and/or travel by bus, train, ferry or by bicycle (collectively “Actions”). 

DEFINITIONS:

• “Joining” will be defined as downloading the Boston’s Safest Driver and activating the App by starting a Trip.
• A “Trip” will be defined as taking any of the above Actions and generating movement in order to activate the installed APP.
• “Trip Ends” will be defined as no movement after five minutes (5) of starting a Trip.
• “Car Free Trip” will be defined as an Action for traveling by train, ferry, bicycle and/or bus.
• Skill based “Points” or “Score” will be determined by the App based on individual driving skills as determined by the App’s exclusive methodology. The methodology monitors acceleration intensity, braking intensity, harsh cornering, speed of the vehicle in relation to posted speed limits along with interacting time with phone while the vehicle is moving. Participants will receive a star rating for each of these categories and suggestive corrective action after each trip.

"Driving Score” & “Star Ratings”:

• At the end of a Trip, participants will receive a "Star Rating" in five categories including braking, acceleration, cornering, speeding and phone distraction.  Ratings will be from 1-5 stars with 5 stars be the best. 
• A user then receives a "Driving Score" after a reasonable amount of Trips have been completed (typically a days-worth of trips with an average amount of driving).  This Driving Score is calculated (out of 100, with 100 being the highest) using the last two weeks of rated Trips.  The Driving Score is based on the five star-rated sub-scores – braking, acceleration, cornering, speeding and phone distraction.
• “Rolling Score” will be defined as a rolling-two week aggregate Driving Score of each participant’s trips. For example; on day #1 your Driving Score starts. Your Driving Score will continue to be the aggregate of the ratings for all your trips to date. On day #15 the Total Trips and Driving Score will drop your trips from Day #1, aggregating only the past two weeks of trips. Each two week period stands on its own. This Driving Score will appear in the dashboard of your App.

5. You may download one (1) Boston’s Safest Driver App per person and you may enter this Promotion only one (1) time. All entries are subject to verification and approval by the Administrator, App Administrator and Sponsor. Entries that do not meet the requirements for the levels of prize rewards specified below or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of entry other than as described herein is void. App Administrator and Sponsor will determine in their sole discretion, what constitutes a valid entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged.  Sponsor reserves the right to cancel or modify the Promotion if fraud or technical failures destroy the integrity of the Promotion as determined by the App Administrator and Sponsor, in at their sole discretion and to award the prizes based on eligible entries received prior to the cancelation.  
6. Entry Notes:  Once an Action has been submitted to the App, Entrant cannot access/revise entry in any way except to modify the mode of transportation after a drive - to categorize it as "passenger" or one of the other modes of transport, in case the App misclassified it.  Entries made on another’s behalf by any other individuals or any other entity, including but not limited to commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Promotion. Tampering with the entry process or the operation of the Promotion is prohibited and any entries deemed by the Administrators and Sponsor, in their sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. By entering, all Entrants release the Promotion Entities and each of their respective employees, officers, directors and agents from and against all claims and damages arising in connection with each Entrant's participation and/or entry in the Promotion and/or his/her receipt or use of any prize awarded in this Promotion. Sponsor is not responsible for problems downloading or uploading of any Promotion related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, app failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in this Promotion. In the event of a tie in any category a random drawing will be conducted between the tied entries to determine the winning entry.  
7. SKILL BASED AND SWEEPSTAKES DRAWING DATES/QUALIFICATIONS TO ENTER & PRIZES: Only the prizes listed below will be awarded in this Promotion. Weekly Best Drivers: Based on Skill Score. To qualify, Entrant must have at least 8 Trips that total 30 miles or more in qualifying week.

Sweepstakes Drawing: To qualify Entrant must have joined the Promotion during the qualifying week and logged one (1) trip or more.        

Sweepstakes Drawing: Car Free. To qualify entrant must have taken two (2) or more Action trips (by train, ferry, bicycle and/or bus) during the qualifying week.

Most Improved Driver: Based on Skill Score. To qualify, Entrant must have participated for two (2) consecutive weeks and logged eight (8) or more Trips with at least 30 miles logged in each of the qualifying weeks.  All most improved Entrant’s scores within the relevant entry periods will be combined into one (1) drawing each week.

Sweepstakes Drawing: To qualify entrant must have taken a minimum of one (1) vehicle trip during the qualifying week.

Grand Prize Skill Based: To qualify an Entrant must have the highest score during the Grand Prize qualifying period listed below. In addition, Entrant must have logged a minimum of 16 trips with a minimum of 60 miles during the qualifying two weeks below.

PRIZE LIMIT: One (1) skill based prize (excluding Grand Prize) and one (1) random drawing prize per person over the Promotion Period. Random drawings will be conducted based on the schedule listed above from all eligible entries received during the relevant drawing period by the Administrator. All skill based winners will be determined by the App Administrator. All expenses and costs associated with prize acceptance and use not expressly stated in the prize description provided herein are the sole responsibility of winner.  All taxes are the responsibility of the winner. Prize is not transferable. Sponsor reserves the right to substitute a Prize (or portion thereof) of equal or greater value if the advertised Prize (or portion thereof) becomes unavailable. Prize will be awarded only if the prize winner fully complies with these Official Rules. Sponsor or Sponsor's representative reserves the right to remove or to deny portions of the prize package to Winner with no further compensation, if Winner engages in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Total approximate value of all Promotion prizes $6,100.

WINNER NOTIFICATION: Prize winners will be notified by phone and/or by email or mail or express mail using the contact information provided at the time of entry. Potential prize winners with a prize value of $600 or more, shall be required to verify name and complete address and to execute and return within seven (7) days an affidavit of eligibility/ W-9 tax payer identification form and liability/publicity release covering eligibility, liability, advertising, publicity unless prohibited by law. Prize shall not be awarded until all such properly executed forms are returned.  Administrator and Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within (2) days of the first notification attempt, or if the prize notification or prize is returned as unclaimed or undeliverable to such potential prize winner, the potential prize winner will forfeit his or her prize and an alternate winner may be selected from remaining eligible entries with the highest score or if a Sweepstakes from all remaining eligible entries in the relevant drawing. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected.  

PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Acceptance of any prize constitutes prize winner's permission for the Promotion Entities to use prize winner's entry materials, name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Promotion Entities from all claims arising out of the use of such Attributes.   Each Entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive, royalty-free license to publish, display, reproduce, modify, edit or otherwise use his/her photo and the Attributes, in whole or in part, for advertising or promoting the Promotion the Promotion Entities or for any other reason; (ii) waives all moral rights in and to his/her Photo and the Attributes  in favor of the Sponsor; and (iii) agrees to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relate in any way to the entry, the use of the Attributes as permitted hereunder or the Promotion. The Sponsor/Administrators reserve the right, in its/their sole and absolute discretion and at any time during the Promotion, to modify, edit or remove any Entrant, if a complaint is received with respect to the Entrants entry methods or violation of these Official Rules or for any other reason. If such an action is necessary, then the Sponsor reserves the right, in its sole and absolute discretion, to remove the Entrant from the Promotion. By submitting an entry, you agree that your submission is gratuitous and made without restriction, and will not place Administrators or Sponsor under any obligation that Administrators and Sponsor are free to disclose or otherwise disclose the details contained in the Entry on a non-confidential basis to anyone or otherwise use the Entry data without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related data previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

DISQUALIFICATION: Administrators and Sponsor reserves the right in their sole     discretion to disqualify any individual who is found to be tampering with the entry     process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to disparage, annoy, abuse, threaten or harass any other person, and Sponsor     reserves the right to seek damages and other remedies from any such person to the     fullest extent permitted by law. No incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these 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 rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

LIMITATION OF LIABILITY: PROMOTION ENTITIES, SPONSOR, ADMINISTRATOR, APP ADMINISTRATOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, INSURERS, PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, PREDECESSORS, SUCCESSORS, REPRESENTATIVES, ADVERTISING, PROMOTION, AND FULFILLMENT AGENCIES, AND LEGAL ADVISORS (collectively, “Released Parties”) are not responsible for, and Entrant hereby releases the Released Parties from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Promotion; (iv) electronic or human error which may occur in the administration of the Promotion or the processing of entries or data; (v) any injury or damage to persons or property, including but not limited to Entrant's computer, mobile phone, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Promotion and (vi) use of any prize.

DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class     action, and exclusively by the appropriate federal or state court of the Commonwealth of Massachusetts located exclusively in the Commonwealth of Massachusetts and Entrant hereby submits to the exclusive jurisdiction of such courts and waives any objection it might have based upon improper venue or inconvenient forum; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) unless otherwise prohibited, 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 the Promotion shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the State of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.

WINNERS LIST: To obtain a legally required list of winners, send a self-addressed stamped envelope to: Boston’s Safest Driver Winners, PO Box 2312, Framingham, MA 01703-2312. Winners list will be available after 12/30/16. All such requests must be received by 12/30/16.

PARTICIPATING NEIGHBORHOOD ZIP CODES: Allston 02134, 02135, 02163, Brighton Back Bay Beacon Hill 02108, 02116, 02117, 02199, 02217, 02133 Central Boston 02109, 02110, 02111, 02112, 02113, 02114, 02196, 02201, 02203, 02205, 02211, 02212, 02222, 02241, 02283, 02297 Chinatown Charlestown 02129 Dorchester 02122, 02124, 02125 East Boston 02128, 02228 Fenway/Kenmore 02115, 02215, 02123 Hyde Park 02136, 02137 Jamaica Plain 02130 Mattapan 02126 Mission Hill Roslindale 02131 Roxbury 02119, 02120, 02121 South Boston 02127, 02210 Seaport South End 02118 West End West Roxbury 02132 Additional Zip codes 02204, 02266, 02284, 02293, 02298.