CMT Safest Driver Contest

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.

Cambridge Mobile Telematics. (“CMT”) is offering the “CMT Safest Driver Contest” (the “Contest”). The Contest is subject to these official rules (the “Official Rules”), and by participating, you (“Participant” or “You”) agree to be bound by them and the decisions of CMT, which are final and binding in all respects.

1. Definitions:

“App” is defined as the CMT Safest Driver App.

“Enrollment” is defined as a Participant’s activation and collective actions recorded in the App.

 “Participant” is defined as each person who downloads the CMT Safest Driver App and completes the steps necessary to compete in the Contest.

“Points”  or “Rating” is defined as the score for a single trip as determined by the App, using the App’s exclusive methodology, and is based on the five sub-scores including phone distraction, speeding, braking, acceleration, and cornering.

“Regional Areas” is defined as Charlotte, North Carolina, Raleigh-Durham, North Carolina, and Austin, Texas, and as further defined by the shaded boxes on the maps found below in this Section.

Charlotte, NC:

Raleigh-Durham, NC:

Austin, TX:

“Regional Miles” are defined as miles driven on trips that start and/or stop in the Regional Areas (Austin, TX; Charlotte, NC; and Raleigh-Durham, NC).

“Score” or “Driving Score” is defined as an aggregated score (out of 100) determined by the App using the Participant’s Points from the last two weeks of rated Trips.

“Trip” is defined as traveling via a vehicle with You as the driver in order to activate the installed App.

“Trip End” is defined as no movement after five (5) minutes of starting a Trip.

2. Eligibility: The Contest is only open to legal residents of the fifty (50) United States or the District of Columbia who are eighteen (18) years of age or older at the time of Enrollment who take Trips in the Regional Areas. Employees, officers, representatives, and the immediate family members of such employees, officers and representatives (i.e., parent, spouse, siblings, children, grandparents, step-parents, step-children and step-siblings, and their respective spouses, and those living in the same household, whether or not related) of Cambridge Mobile Telematics (“CMT” or “App Administrator”), Uber Technologies, Inc. (“Uber”), and Progressive Casualty Insurance Company (“Progressive”), (hereinafter altogether referred to as “Sponsors”), and Promosis, Inc. (“Promosis” or “Contest Administrator” or “Administrator”), 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 Contest (collectively, the “Contest Entities”) are not eligible to participate. Eligibility is subject to all federal, state, and local laws and regulations.

3. Contest Timing: The Contest periods for Charlotte, NC and Raleigh-Durham, NC begin on January 20, 2020 at 12:00:00 a.m. Eastern Time (“ET”) and end on April 26, 2020 at 11:59:59 p.m. ET (“Contest”). The Contest period for Austin, TX begins on January 20, 2020 at 12:00:00 a.m. Central Time (“CT”) and ends on April 26, 2020 at 11:59:59 p.m. CT (“Contest”). The Contest will consist of twelve (12) shorter Contest periods and one (1) longer Contest period for the grand prize. Each Contest Period begins at 12:00:00 a.m. and ends at 11:59:59 p.m. in the respective Contest time zone (“CT” or “ET”). CMT’s computer is the official timekeeping device for entry in the Contest. The prize periods are as follows:

Prize Period 1:  January 20, 2020 – February 2, 2020

Prize Period 2:  February 3, 2020 – February 9, 2020

Prize Period 3:  February 10, 2020 – February 16, 2020

Prize Period 4:  February 17, 2020 – February 23, 2020

Prize Period 5:  February 24, 2020 – March 1, 2020

Prize Period 6:  March 2, 2020 – March 8, 2020

Prize Period 7:  March 9, 2020 – March 15, 2020

Prize Period 8:  March 16, 2020 – March 22, 2020

Prize Period 9:  March 23, 2020 – March 29, 2020

Prize Period 10:  March 30, 2020 – April 5, 2020

Prize Period 11:  April 6, 2020 – April 12, 2020

Prize Period 12:  April 13, 2020 – April 19, 2020

Grand Prize Period:  January 20, 2020 – April 26, 2020

In addition, prizes will be awarded for driving improvement after each of four (4) improvement periods, as follows:

Improvement Period 1: February 3, 2020 – February 16, 2020

Improvement Period 2: February 17, 2020 – March 1, 2020

Improvement Period 3: March 2, 2020 – March15, 2020

Improvement Period 4: March 16, 2020 – March 29, 2020

4. To Enroll and participate you must use a smartphone: Download the App from the Apple App Store or Google Play Store to your smartphone, any time before or during the Contest. The App will be available beginning January 15, 2020.

To enroll, open the App and click ‘New User’ button, then:

• You will be presented with a welcome screen; please click the black banner that says “Join a safest driver contest, sponsored by Uber / Progressive”
• Fill in fields for “Email Address”, “Username”, “Phone Number”
• Click ‘Contest’, ‘Select One >’ and choose the city in which you will participate
• Click ‘Done’
• Review the ‘Mobile App License Agreement’, ‘Privacy Policy’, and the ‘Contest Terms and Conditions’ and then click the radio checkbox to confirm they have been read
• Click ‘Continue’ button
• You are now enrolled in the Contest

Limit one (1) App download/Enrollment per person. In order to activate your App and participate in the Contest, you must take a Trip. All eligible Trips will be rated and awarded Points. You may download the App ahead of the start of the Contest, in order to practice driving with the App.

To enter the Contest, you must take Trips in accordance with the following:

• To qualify for weekly prizes, complete at least 500 Regional Miles during the fourteen (14) days prior to the end of each prize period, as listed above in Section 3.
• To qualify for a grand prize, complete at least 3,000 Regional Miles prior to the end of the Contest period.
• To qualify for improvement prizes, complete 500 Regional Miles during the fourteen (14) days immediately preceding the start of each improvement period, and also complete at least 500 Regional Miles during the fourteen (14) days prior to the end of each improvement period, as listed above in Section 3.
• A Trip only counts toward participation in the Contest or to satisfy Regional Miles if it starts or stops within the Regional Areas.

5. Acceptance of Rules: Enrollment in the Contest does not constitute entry into any other promotion, contest, or sweepstakes. Each Participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsors, App Administrator, and/or Contest Administrator, whose decisions shall be final and legally binding in all respects and not subject to additional review.

6. App Usage Conditions: Once an Enrollment or driving data has been captured by the App, Participant cannot access/revise Enrollment or driving data in any way. Enrollments 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 Contest. Tampering with the enrollment process or the operation of the Contest is prohibited, and any Enrollments deemed by the Administrators and Sponsors, 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 Enrollment cannot be resolved to Sponsors’ satisfaction, the affected Participant will be deemed ineligible. By enrolling, all Participants release the Contest Entities and each of their respective employees, officers, directors and agents from and against all claims and damages arising in connection with each Participant’s participation and/or Enrollment in the Contest and/or his/her receipt or use of any prize awarded in this Contest. All Enrollments are subject to verification and approval by the Contest Administrator, App Administrator, and Uber. Participants who do not meet the requirements for the prizes specified below or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of Enrollment other than as described herein is void. App Administrator and Sponsors will determine, in their sole discretion, what constitutes a valid Enrollment. Sponsors reserve the right to cancel or modify the Contest if fraud or technical failure destroys the integrity of the Contest, as determined by the App Administrator and Sponsors in their sole discretion, and to award the prizes based on eligible participation prior to cancellation. Uber will not take any action against drivers using the Uber app based on the Contest data, and your Contest driving Scores will not impact your rates with Progressive or any other insurance carrier.

7. Prizes: Following each prize and improvement period, prizes will be awarded in each of the Regional Areas to the winners. Limit one (1) prize (excluding grand prizes) per person per prize and improvement period. In no event will Sponsors be obligated to award more than the stated prizes. Prizes will be awarded as follows:

Eighteen (18) prizes will be awarded to the drivers with the highest overall Score:

• 1 First prize: $250
• 1 Second prize: $100
• 1 Third prize: $50
• 15 Runner-up prizes: $10 Amazon.com e-gift cards

Fifteen (15) prizes will be awarded to drivers with the highest overall improvement Score:

• 15 prizes: $10 Amazon.com e-gift card

Three (3) grand prizes will be awarded to drivers with the highest overall Score:

• 1 First prize: $6,000
• 1 Second prize: $3,000
• 1 Third prize: $1,000

The total Approximate Retail Value (“ARV”) of the prizes offered in the Contest is $51,600. The odds of winning any prize is based upon the number of eligible entries received and the skill of the Participants. If for any reason, a prize, or any part of a prize, is unavailable, Sponsors reserve the right to modify the Contest in its sole discretion and award a substitute prize, or portion of prize, of comparable or greater value. Further, Sponsors reserve the right to deny any Participant or winner access to the App or to the prize if, in their sole discretion, the Participant’s or winner’s behavior is disruptive, belligerent, abusive, intended to annoy, threaten or harass, or not in the spirit of the Contest. Under such circumstances, the individual may forfeit the prize and an alternate individual may be selected, time permitting.

Sponsors and the Contest Entities shall have no responsibility or obligation to a potential winner or to any Participant who is unable or unavailable to, or who does not for any reason, accept or utilize a prize or any portion of a prize. In the event a potential winner or Participant does not or cannot accept a prize, an alternate potential winner will be determined among eligible Participants.  All costs and expenses not specifically listed above as part of the prizes are solely the Participant’s responsibility. The value of the prizes will be taxable to the winner as income. All U.S. federal, state, and local tax liability, and any other costs and expenses associated with acceptance or use of the prizes not specifically provided for in these Official Rules are solely the Participant’s responsibility (regardless of whether the prize, in whole or in part, is used). Prizes are not transferable.

8. Winner Determination: Winners will be determined based on the highest overall Score. In the event of a tie among Scores in any Contest prize category, the winner will be the tied Participant with the greatest number of Regional Miles for that period; if the mileage is also tied, a random drawing will be conducted between those tied Participants to determine the winner.

All winners will be determined by the App Administrator. All Trip and mileage quantities are subject to review and verification by the App Administrator. User categorization (labelling) of Trips (driver, passenger, etc.) will be analyzed for fairness, and the App Administrator reserves the right to judge the validity of Trip categorization.

Scores are available to Participants after a reasonable amount of Trips have been completed (typically in one day, with an average amount of driving). All Scores will be based on a rolling, fourteen (14) day average of each Participant’s Trips. For example: on day 1, you start receiving Points. Until day 14, your Driving Score will continue to be the average of Points from all of your Trips. On day 15, the Trips and Driving Scores will drop your Points from day 1, averaging 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.

Participants will also appear on the in-App leaderboard. The leaderboard is intended for Participants’ interest and comparison purposes only. A Participant’s current standing on the applicable leaderboard does not denote actual standing in the Contest. Participants appearing on a leaderboard during the Contest may not be eligible for prizes per eligibility requirements in Section 2 or participation requirements in Section 4.

9. Winner Notification: Potential prize winners will be notified by Promosis, via email, using the email address provided at the time of Enrollment, and, among other things described in this paragraph, will be required to complete an online winner verification and liability/publicity release within three (3) days of the date of the initial email notification, or the prize may be forfeited. Potential grand prize winners will be notified by Promosis, via email, using the email address provided at the time of Enrollment, and will be required to complete and have notarized an Affidavit of Eligibility and liability/publicity release that must be returned to Promosis within three (3) days of the date of the initial email notification, or prize may be forfeited. Potential winners may also be subject to criminal and other background checks prior to final designation as a winner. Sponsors are not responsible for changes to a Participant’s email address subsequent to enrolling. Administrators and Sponsors 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 (3) days of the first notification, 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 Participants with the highest applicable Score. All winners of prizes aggregating to and/or totaling $600 or more will be required to complete and have notarized an Affidavit of Eligibility and liability/publicity release that must be returned to Promosis before prize(s) are awarded. Winners of such prizes will be issued an IRS Form 1099-MISC for aggregate value of the prizes received.

10. Publicity Release/Assignment of Rights: By participating in this Contest, Participants hereby agree that Cambridge Mobile Telematics may share user data with the Contest Sponsors for the purpose of analyzing the impact of telematics application usage on safety outcomes. This may include driver profile information such as email address, username, phone number, and device advertising id, driving behavior data such as driving scores for trips, driving events (i.e. braking, acceleration, speeding, cornering, and phone usage events), and trip geolocation data, as well as app engagement data, such as mobile app screen views. Notwithstanding the foregoing, Progressive will not receive any individual driver-level data.

Acceptance of any prize constitutes prize winner’s permission for the Contest Entities to use prize winner’s Enrollment and participation materials, including 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 Contest Entities from all claims arising out of the use of such Attributes.

Each Participant: (i) grants to the Sponsors, 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 Contest, the Contest Entities, or for any other reason; (ii) waives all moral rights in and to his/her photo and the Attributes  in favor of the Sponsors; and (iii) agrees to release and hold harmless the Contest Entities 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 Enrollment, the use of the Attributes as permitted hereunder or the Contest.

Participants acknowledge that Sponsors do not waive any rights to use similar or related data previously known to Sponsors, or developed by their employees, or obtained from sources other than you.

11. Limitation of Liability: CONTEST ENTITIES, INCLUDING ALL SPONSORS, ADMINISTRATORS, 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 Participant 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 Enrollment process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries or data; (v) any injury or damage to persons or property, including but not limited to Participant’s computer, mobile phone, hardware or software, which may be caused, directly or indirectly, in whole or in part, from participation in the Contest and (vi) use of any prize. Apple Inc. and Google LLC are not sponsors or otherwise associated with this Contest, nor are they responsible for the awarding of any prizes.

12. Use of Information: The information that a Participant provides in connection with this Contest may be used by Sponsors in accordance with the Privacy Policy of each, available at: https://www.uber.com/global/en/privacy/notice/ and https://www.progressive.com/privacy/.

13. Dispute Resolution: Except where prohibited, Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest 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 Participant 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 Contest, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will Participant be permitted to obtain awards for, and Participant 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 Participant and Sponsors in connection with the Contest 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.

14. Contest Administrator: Promosis, Inc., 18 Prospect St., Marblehead, MA 01945

15. Sponsors: Contest is co-sponsored by Uber Technologies Inc., 555 Market St., San Francisco, CA 94105 and by Progressive Casualty Insurance Company, 6300 Wilson Mills Road, Mayfield Village, OH  44143, as a prize provider.

16.Winners List: To obtain the list of winners, available until July 26, 2020, send a standard-size postcard, only, with your name and address to: CMT Safest Driver Contest Winners List, PO Box 38, Marblehead, MA 01945. Do not send any other correspondence to this address.