Afterpay x New York Fashion Week Contest Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 

1. Eligibility: Afterpay x New York Fashion Week Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or for residents of Alabama and Nebraska, at least nineteen (19) year of age at the time of entry.   Employees of Afterpay US, Inc. (“Sponsor”), Merkle Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.   

2. Sponsor: Afterpay US Inc., 600 California Street, 11th Floor, San Francisco, CA 94108. Administrator: Merkle Inc., 3000 Town Center, Floor 21, Southfield, MI 48075.

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein including consent to a confidential background check to confirm the potential winner’s eligibility and compliance with these Official Rules. Due to the nature of the prize offered, if a background check reveals that a potential winner has engaged in conduct that could damage the reputation of or reflect unfavorably on Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, the potential winner may be disqualified.

4. Timing: The Contest begins on August 10, 2021 at 12:00 a.m. Pacific Time ("PT") ends on August 22, 2021 at 11:59 p.m. PT (the "Contest Period"). Sponsor's computer is the official time-keeping device for the Contest.

5. How to Enter: During the Contest Period, download, open, and create an account on the AfterPay mobile app. The mobile app is free to download; and it is free to create an account. Next follow the links and instructions to complete and submit the Contest registration form, including your name and email address and your short essay responding to why you should be selected to attend a weekend of New York Fashion Week (collectively referred to as your submission ("Submission"). By uploading your Submission, you agree that it conforms to the guidelines, permissions, and content restrictions below and that Sponsor, in its sole discretion, may disqualify you if it believes that it fails to conform. Where your Submission meets all requirements, your Submission will be deemed one (1) Contest entry.

Guidelines: 

• The Submission must be in English.

Permissions: Entrant must have permission from any individuals who are referenced in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Minors may only be included in the Submission if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.

Content Restrictions: 

• The Submission must be your original work;
• The Submission must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;
• The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement and therefore must not contain brand names or trademarks other than those owned by Sponsor; 
• The Submission must not disparage Sponsor, or any other person or party;
• The Submission must not contain material that is inappropriate, offensive, indecent, obscene, sexually explicit, tortious, defamatory, slanderous or libelous;
• Your Submission must not make references to or include: alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
• The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
• The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.

Limit: Each entrant may submit one (1) Contest Submission during the Contest Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions; all of which will be void. 

6. Sponsor's Use of Submissions: Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. 

7. Winner Determination: After the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the one (1) entrant who had the highest-scoring Submission (the "Potential Winner") from among all eligible Submissions based on the following criteria (“Judging Criteria”):

• Submission demonstrates excitement and passion for New York Fashion Week (40%); 
• Submission demonstrates passion for the financial accessibility provided by AfterPay (40%); and
• Submission is articulate and well written (20%)

In the event of a tie, the entrant whose Submission received the highest score for “Submission demonstrates passion for the financial accessibility provided by AfterPay”  , as determined by the qualified judges, in their sole discretion, will be deemed the Potential Winner from among the tied entrants. Sponsor reserves the right to not select a Potential Winner, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor will not disclose judging scores.

8. Winner Requirements: Potential winner will be notified by email on or around August 25, 2021. The potential winner (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release ("Declaration"), including an agreement to a confidential background check, which must be received by Administrator within two (2) days of the date notice or attempted notice is sent, in order to claim the prize. NOTE: There exists an inherent risk of exposure to COVID-19 in any public place where people are present. COVID-19 is a contagious disease that can lead to severe illness and death. By accepting this prize, winner and winner’s guest voluntarily assume all risks related to exposure to COVID-19.

If a potential winner cannot be contacted, fails to execute and return the Declaration, if the background check reveals that the potential winner has engaged in conduct that could damage the reputation of Sponsor, or if potential winner does not comply with these Official Rules, potential winner forfeits the prize. If a potential winner forfeits the prize or is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion, time permitting. Confirmed winner will be required to allow Afterpay to follow winner’s Instagram and/or Tiktok account. Winner confirms that Afterpay has permission to copy and repost any of winner’s social content, without any additional compensation or specific requests for permission. 

9. Prize: ONE (1) GRAND PRIZE: A trip for winner and guest to New York City, NY on September 9 - 11, 2021 to attend Sponsor’s New York Fashion Week events. Trip package includes round trip, coach-class air transportation for two (2) from a major airport near winner’s home to an airport that services the New York City area (departure and arrival airports will be determined by Sponsor in its sole discretion); two (2) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); round trip transfers between destination airport and hotel; a NYFW tote bag filled with an assortment of New York City “goodies;” special access to an AfterPay sponsored   fashion show and a concert sponsored by AfterPay (“Events”) that will take place in outdoor venues on 9/10/21; $1,500 spending money (fulfilled in part by check and in part by prepaid card); and a check for $2,470 that winner may use to assist with taxes associated with acceptance of this prize. Winner must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. Winner is obligated to work with Sponsor’s travel agent to book trip immediately upon winner confirmation. Travel and accommodations are subject to availability. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel companion must be at least eighteen (18) years of age or older as of the date of departure or child/ward of winner who is at least thirteen (13) years of age   and must travel on same itinerary and at the same time as the winner.    Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Winner and travel companions are responsible for complying with any COVID-19 requirements set forth by airline, car service, hotels, event venues or other vendors offering services that are part of the trip prize. Failure to comply with any required COVID-19 requirements, may result in forfeiture of this aspect of the prize. Forfeiture of any aspect of the trip due to winner or guest’s failure to meet these requirements will not impact the value of the trip as reported on an IRS Form 1099. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion.  Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if the Events are delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided. Approximate Retail Value (“ARV”) of the trip is $8,230. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. 

10. Release: By receipt of any prize, winner agrees to release and hold harmless the Sponsor, IMG,  Administrator, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize, including any related travel.  

11. Publicity Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Required Social Posts, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. 

12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest if any fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the Contest, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Contest, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winner from among all non-suspect, eligible entries received up to time of such action using the judging procedure outlined above. Sponsor may also modify the prizes offered. In addition, Sponsor reserves the right to disqualify any individual it finds to be tampering with the Entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Entries. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (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 Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.

14. Disputes: Except where prohibited, each entrant 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 United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (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) 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. 

15. Entrant's Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy. 

16. Winner List: For a winner list, visit https://bit.ly/3fBJwvL  . The winner list will be posted after winner confirmation is complete.

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