These are the current Express Lanes Terms of Use and Conditions (“Terms and Conditions”) and they replace any other terms of use or terms and conditions for the Express Lanes previously published. These Terms and Conditions may be varied or amended by the publishing of amended Terms and Conditions.
By viewing the website found at https://www.expresslanes.com or any pages thereof (the “Website”) and the associated mobile application (the “Mobile App”), you accept that you’ve been provided with sufficient notice of any such amendment. By continuing to access or use the Website or Mobile App after any amendment, you confirm your acceptance of these Terms and Conditions, as amended. Please take some time to read the terms below and enjoy driving the Express Lanes.
These Terms and Conditions should be read in conjunction with the E-ZPass® Customer Service Agreement for your respective E-ZPass® agency. You can find The Virginia E-ZPass® Customer Service Agreement here. And as for the Maryland E-ZPass® Account Terms and Conditions, you can read them here.
Official Rules
NO PURCHASE NECESSARY.
VOID WHERE PROHIBITED BY LAW.
The 395 Express Lanes: Get Going Giveaway Sweepstakes (the “Promotion”) begins at 12:01 a.m. Eastern Time (“ET”) on October 9, 2019, and ends at 11:59 p.m ET on October 25, 2019 (the “Promotion Period”), subject to all applicable federal, state and local laws, regulations, and ordinances.
1. ELIGIBILITY: The Promotion is open only to persons who, as of the start of the Promotion Period, (1) are at least eighteen (18) years old or the age of majority, whichever is older, (2) have a valid U.S. driver’s license, (3) are legal residents of the 50 United States (excluding Florida and New York) and the District of Columbia, (4) have a valid Virginia-based E-ZPass®. You can determine whether you have a valid Virginia-based E-ZPass by contacting E-ZPass Virginia customer service at 1-877-762-7824. Employees, officers, and directors of Transurban (USA) Operations Inc. (“Sponsor”) and those of its parent, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, and web masters, as well as any of the immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household as any of the aforementioned (whether related or not), are not eligible to enter or win a prize.
2. HOW TO PARTICIPATE: Two (2) ways to participate:
A. Entrants with an active Virginia E-ZPass® account that is in good standing, who complete and submit a form with the entrant’s contact information, including first name, last name, zip code of residence, telephone number, email address, license plate number and state of issuance, and E-ZPass transponder number and state of issuance, will be eligible to win a prize.
B. Mail-in Entry: You may also enter without an E-ZPass® transponder by hand printing your first and last name, complete address, and email address on a 3” X 5” index card and, during the Promotion Period, mailing it to Sponsor at: P.O. Box 23530, Alexandria, VA 22304. Mail-in entries must be postmarked by October 23, 2019 and received no later than October 27, 2019, to be considered.
In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
By entering into the Promotion, the entrant agrees that the Sponsor may use the entrant’s name and photograph and/or video images of an interview with the Sponsor for promotional and marketing purposes, without compensation to the entrant, in the event the entrant is selected as the winner.
3. DRAWING/NOTIFICATION AND VERIFICATION OF WINNERS: Sponsor will select three (3) winners, one (1) winner per drawing, from a series of three (3) random drawings from among all eligible entrants. The first drawing will take place on October 15, 2019; the second drawing will take place on October 22, 2019; and the third and final drawing will take place on October 29, 2019. The odds of winning any one prize depends on the total number of qualified entrants. Any winner of a drawing will be ineligible to win any future drawing in connection with this Promotion. One entry will be sufficient to be considered for each drawing, provided that the entry is received by the Sponsor no less than two calendar days prior to the drawing(s) entrant wishes to be eligible for. The winners will be notified via email or by phone (at Sponsor’s sole discretion). Once notified, the winners are required to keep the results of the prize drawing confidential until such time as Sponsor publicly discloses the results of the prize drawing. Potential winners will be required to present proof of their U.S. driver’s license before delivery of the prize.
Except where legally prohibited, winners must, if requested, sign and return, within 48 hours of being notified, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize.
Return of any prize notification as undeliverable or the inability to contact a potential winner via phone or email may result in disqualification and selection of an alternate winner. If a potential winner is unavailable to accept the prize within 48 hours, or if the potential winner fails to comply with these Official Rules as determined by Sponsor in its sole discretion, the potential winner will be disqualified and an alternate potential winner will be selected in his/her place in a random drawing from all remaining eligible entries.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
4. PRIZE: Three (3) prizes are available in connection with this Promotion:
4.1 One (1) winner in connection with this Promotion will receive three (3) weeks of free travel on the 395, 95, and 495 Express Lanes, commencing at 12:01 a.m. on January 1, 2020 and continuing until 11:59 p.m. on January 21, 2020, subject to a maximum limit of $50.00 in toll charges per day, following the winner’s fulfillment of all requirements set forth in these Official Rules. Approximate Retail Value (“ARV”) of prize: $1,100.00.
4.2 One (1) winner in connection with this Promotion will receive nine (9) weeks of free travel on the 395, 95, and 495 Express Lanes, commencing at 12:01 a.m. on January 1, 2020 and continuing until 11:59 p.m. on March 4, 2020, subject to a maximum limit of $50.00 in toll charges per day, following the winner’s fulfillment of all requirements set forth in these Official Rules. Approximate Retail Value (“ARV”) of prize: $3,200.00.
4.3 One (1) winner in connection with this Promotion will receive five (5) months of free travel on the 395, 95, and 495 Express Lanes, commencing at 12:01 a.m. on January 1, 2020 and continuing until 11:59 p.m. on June 1, 2020, subject to a maximum limit of $50.00 in toll charges per day, following the winner’s fulfillment of all requirements set forth in these Official Rules. Approximate Retail Value (“ARV”) of prize: $7,650.00.
Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the sole responsibility of the winner. Prize is not transferable, valid only with one E-ZPass® transponder used on up to two (2) vehicles, and no substitutions are allowed except in Sponsor’s sole discretion. Sponsor reserves the right to substitute prize of equal or greater value if advertised prize (or portion of prize) is unavailable. Prize is awarded without warranty of any kind from Sponsor, express or implied. Sponsor will not replace any lost or stolen prize.
5. GENERAL CONDITIONS: Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the participation process, the web site, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the participation process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, void any suspect entries and (a) modify or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
6. RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT SPONSOR AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEB SITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, LOSS, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY OF SPONSOR’S WEB SITES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH WEB SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS AFFILIATES, SUBSIDIARIES, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE WEB SITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. 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 in Virginia; (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) 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 Virginia, without giving effect to any choice of law or conflict of law rules (whether of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Virginia.
8. ENTRANT’S PERSONAL INFORMATION: Information collected from entrants is subject to Sponsor’s Privacy Policy located at www.ExpressLanes.com.
9. WINNERS’ NAME. For the name of the winners, send your request in writing with a stamped, self-addressed envelope to: P.O. Box 23530, Alexandria, VA 22304.
10. SPONSOR: Transurban (USA) Operations Inc., P.O. Box 23530, Alexandria, VA 22304.
Transurban (USA) Operations Inc. shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright ©2019 Transurban (USA) Operations Inc. All rights reserved. E-ZPass® is a registered trademark of The Port Authority of New York and New Jersey in the United States and/or other countries. All other trademarks or logos used herein are trademarks of their respective owners in the United States and/or other countries. We do not intend our use or display of third-party logos, tradenames, trademarks, or service marks to imply a relationship with, or endorsement or sponsorship of us or this Promotion by, those third parties.