RESEARCH SURVEY PROGRAM (THE “PROGRAM”)
TERMS AND CONDITIONS
BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY.
ANY DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND YOU WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. Please review Section 9 (Dispute Resolution and No Class Relief) below for the applicable terms.
1. Program Description: This Program will begin on September 15, 2020, at 12:01 AM PDT, and end on October 14, 2020, at 11:59 PM PDT (“Program Period”). The Program is open only to the first one thousand (1,000) eligible individuals who submit a Program application form at https://drivethearc.com/rewards-program/entry to us, the DRIVEtheARC Project Consortium which includes Kanematsu Corporation and Nissan Motor Co., Ltd. (the “DTAPC”), during the Program Period (the “Applicants”). Registration for the Program will be closed once this number of applicants is reached. Applicants who are eligible as set forth below and who satisfy the following Program conditions during the Program Period (as determined by the DTAPC in its sole discretion) will receive a $50 Amazon.com Gift Card (the “Reward”) [Restrictions apply, see https://amazon.com/gc-legal]: (i) downloading both the DRIVEtheARC app and the EV Co-Driver app (available at the App Store or Google Play) and setting up accounts to register as a DRIVEtheARC user and an EV Co-Driver user, which includes accepting the applicable Terms of Service or Use (persons who downloaded these apps and set up accounts before the beginning of the Program Period are also eligible so long as the apps have been updated and the accounts are active) and (ii) complete a BEV Drivers Research Survey by the deadline specified by the DTAPC. We currently anticipate that a link to the survey will be sent to participants on or around October 15, 2020, and the survey must be completed by October 31, 2020. NO PURCHASE IS NECESSARY TO APPLY FOR THIS PROGRAM. Please note that individuals who wish to charge their EVs at a DRIVEtheARC station will also need to register with EVgo Services LLC and obtain an EVgo membership ID. However, neither registering with EVgo nor charging at a DRIVEtheARC station is required to participate in this Program.
Limit of ONE (1), AND ONLY ONE (1), application per person. Multiple entries received from any person beyond this limit will void all additional applications. You may not apply more times than indicated by any means, such as using multiple email addresses, identities, or devices, in an attempt to circumvent these Terms and Conditions. If you use fraudulent methods or otherwise attempt to circumvent these Terms and Conditions, your application may be removed from eligibility at the sole discretion of the DTAPC. Applications that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted.
Failure to follow any instructions provided in these Terms and Condition or otherwise may result in the disqualification of your application. All materials submitted become the property of the DTAPC, and applications might not be acknowledged or returned. You are responsible for your costs of applying, including online access charges. The time of receipt of any valid application shall be the time such valid application becomes available to the DTAPC as determined by the DTAPC in its sole discretion. The DTAPC’s computer shall be the official clock of the Program.
2. Eligibility: This Program is open only to individuals who are eighteen (18) years of age or older as of the date of application who have or drive BEVs (Battery Electric Vehicles. The Program is only open to residents of California and Nevada and is void where prohibited by law. Employees of the Kanematsu Corporation, Nissan Motor Co., Ltd., EVgo Services LLC, New Energy and Industrial Technology Development Organization, and their affiliates, subsidiaries, and advertising and promotion agencies (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Program. The Program is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited by law.
3. Agreement to Terms and Conditions: By participating, you agree to be fully, unconditionally bound by these Terms and Conditions, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of the DTAPC as final and binding as they relate to this Program.
4. Reward: The Reward is available to up to 1,000 individuals. The actual number of Rewards distributed to Applicants may be less than 1,000, in the event that any Applicants are found to be ineligible or do not meet the Program conditions set forth herein or any other of these Terms and Conditions. The specifics of the Reward, such as limitations or deadlines on use, and other conditions, will be determined by the DTAPC or the issuer. The Reward has no cash value. Actual/appraised value may differ at time the Reward is provided. The Reward is nontransferable. Any and all Reward-related expenses shall be the sole responsibility of Applicant. Once issued, the Reward cannot be re-issued or replaced.
5. Notification: Applicants who are determined by the DTAPC, in its sole discretion, to qualify for a Reward will be notified by email or other suitable means of notification within a commercially reasonable time following the conclusion of the Program Period. The DTAPC shall have no liability for any Applicant’s failure to receive notices due to spam, junk e-mail or other security settings or for Applicant’s provision of incorrect or otherwise non-functioning contact information. If an Applicant cannot be contacted, is ineligible, or fails to claim the Reward within thirty (30) days from the time the Reward notification was sent, the Reward will be forfeited. Receipt by each Applicant of a Reward is conditioned upon compliance with any and all federal, state, and local laws and regulations.
6. Program Administration and Integrity: The DTAPC reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program should virus, bug, non-authorized human intervention, fraud, or other cause beyond the DTAPC’s control, corrupt or affect the administration, security or proper conduct of the Program. In such case, the DTAPC may select the Applicants who are qualified to receive the Reward from all eligible applications received prior to and/or after (if appropriate) the action taken by the DTAPC. The DTAPC reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the application process or the operation of the Program or website or violates these Terms and Conditions. The DTAPC has the right, in its sole discretion, to maintain the integrity of the Program, to void applications for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by these Terms and Conditions; or the use of bots, macros, scripts, or other technical means for applying. Any attempt by you to deliberately damage any website or undermine the legitimate operation of the Program may be a violation of criminal and civil laws.
7. Limitation of Liability and Release: By applying, you agree to release and hold harmless the DTAPC, and our parent company, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) your participation in the Program and/or acceptance, possession, use, or misuse of any Reward or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the application process or the Program; (v) electronic or human error in the administration of the Program or the processing of entries. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
BY APPLYING, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE, ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
8. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of you, the DTAPC, or its affiliated companies, business partners, or their directors, officers, employees or representatives officers in connection with the Program will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
9. Dispute Resolution and No Class Relief. Except with respect to the protection and enforcement of the intellectual property rights of the DTAPC or its affiliated companies or business partners and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to these Terms and Conditions or the Program shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in San Jose, California, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in Santa Clara County, California, and all parties agree to submit to the personal jurisdiction of those courts. You irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with the Program, or any Reward, will be resolved individually, without resort to any form of class action.
12. Facebook, etc. The Program is in no way sponsored, endorsed, administered by, or associated with Facebook or any other SNS company even if notices or other information about the Program are posted on such sites, etc.
13. Questions? If you have any questions about the Program, please contact us at email@example.com.
DRIVEtheARC Project Consortium
2-1, Shibaura 1-chome
Minato-ku, Tokyo 105-8005, Japan
Attn.: General Manager, TDX-Department, Electronics & Device Division
Nissan Motor Co., Ltd.
1-1, Takashima 1-chome
Yokohama, Kanagawa 220-8686, Japan
Attn.: General Manager, External & Government Affairs Department