“Afterpay App Usage Survey Prize Draw” Sweepstakes
THE FOLLOWING SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY. PLEASE DO NOT SUBMIT AN ENTRY IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS LISTED IN THE “ELIGIBILITY” SECTION BELOW.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING A PRIZE.
1. DATES OF SWEEPSTAKES: The “Afterpay App Usage Survey Prize Draw” Sweepstakes (the “Sweepstakes”) begins at 2:00pm Pacific Time (“PT”) on December 1st, 2023 and ends at 5:00pm PT on December 8, 2023 (the “Sweepstakes Period”) .
2. ELIGIBILITY: The Sweepstakes is open only to recipients of the Invitation (which advertises and references this Sweepstakes) who are legal residents of the fifty (50) United States and the District of Columbia and are eighteen (18) years or older at time of entry (the “Entrant”). Entrants must have Internet access as of August 8, 2023 to be eligible to participate in the Sweepstakes via the Survey (defined below). Officers, directors, managers and employees of Afterpay US Services, LLC (the “Sponsor”) and its client(s), and each of their respective parents subsidiaries, affiliates and related companies, dealers, advertising and promotion agencies, including companies providing marketing and market research services to Sponsor or its client(s), consultants and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such person, and any others engaged in the development, production, execution or distribution of this Sweepstakes,, are not eligible to participate. The Sweepstakes is void outside the fifty (50) United States and the District of Columbia, and where ever else restricted or prohibited by law.
3. HOW TO ENTER: To enter the Sweepstakes by taking the online survey (the “Survey”) click the Survey URL (the “Website”) during the Sweepstakes Period which can be found in your Invitation and answer all questions. When you have completed the Survey, and when prompted, click the “I Accept” button found beneath the “Online Release” in order to receive one (1) entry into the Sweepstakes. In order to be eligible and receive your entry into the Sweepstakes, you must complete the entire Survey and click the “I Accept” button. If you do not complete the Survey and click the “I Accept” button, you will not receive an entry into the Sweepstakes, and therefore will not be eligible to win a Prize (defined in the “Prizes” section of these Official Rules).
There is a limit of one (1) entry per Entrant for the Sweepstakes. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different email addresses, and /or any other methods will void that Entrant’s entries and that Entrant may be disqualified from the Sweepstakes. In the event of a dispute regarding the identity of an Entrant entering via the Survey, the entry will be assigned to the authorized account holder of the e-mail submitted. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (i.e. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Entries submitted by anyone other than the Entrant are void. Sponsor will not verify receipt of entries for Entrants. All entries submitted become the sole property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, misdirected, illegible, damaged or postage-due mailed entries.
4. WINNING: On or about December 15, 2023, four (4) prize winners (each, a “Prize Winner”) will be selected in a random drawing conducted from among all eligible entries received during the Sweepstakes Period. The random drawing will be conducted by the Sponsor , whose decisions are based upon their sole discretion and interpretation of these Official Rules and are final and binding in all respects. Odds of being selected as a Prize Winner will depend upon the total number of eligible entries received during the Sweepstakes Period.
WINNERS:
Lisa Beckwith
Deveron Prince
Duane Carter
Rachel Freeman
5. NOTIFICATION/PRIZE CLAIMS: Upon confirmation of each Prize Winner, each potential Prize Winner will receive his/her Prize (defined below) by email within seven (7) business days from the drawing date. If a Prize is returned as “undeliverable” the Prize Winner forfeits his/her right to the Prize (defined below), and Sponsor shall have no liability or obligation to such individual. Then, the Sponsor will select an alternate potential Prize Winner from the remaining non-winning eligible entries received. Each Prize Winner consents to the Sponsor’s use of his/her first name, last initial, city and state, for the purposes of publishing a winners list as required by law.
6. PRIZES: One (1) prize of a $250 egift card will be awarded to each Prize Winner (the “Prize”). There are a total of four (4) Prizes to be awarded in the Sweepstakes. The total ARV of all Prizes to be awarded in the Sweepstakes is $1,000.00. Limit of one (1) Prize per Entrant/household. The egift card to be awarded will be determined by the Sponsor. The terms and conditions of the egift card are determined by the issuer of the egift card. Prizes cannot be substituted, assigned, or transferred; except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute the Prize with a prize of comparable or greater value. Sponsor will not replace any lost or stolen Prizes. Prize Winners are solely responsible for any taxes on the Prize he/she has received, including but not limited to any and all federal, state and local taxes, if applicable. No more than the stated number of Prizes set forth in these Official Rules will be awarded.
7. GENERAL CONDITIONS: Should any portion of the Sweepstakes be, in Sponsor’s sole discretion, compromised by non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or proper submission of entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and conduct the Sweepstakes in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted at the Survey URL. In such event, Sponsor reserves the right to award the Prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false entry. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES 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 THESE PROVISIONS.
8. RELEASE: AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
9. LIMITATIONS OF LIABILITY: The Released Parties do not have any responsibility or liability whatsoever for: (a); unauthorized human intervention in any part of the entry process or the Sweepstakes; (b) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (c) any property loss, damage, personal injury, or death, in connection with the Prizes provided pursuant to this Sweepstakes and/or any person’s participating in the Sweepstakes; (d) any printing or typographical errors in any Sweepstakes-related materials; (e) stolen, lost, late, misdirected, corrupted, incomplete, damaged or indecipherable entries; or (vi) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software (if applicable).
10. DISPUTE RESOLUTION: THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER. THEY AFFECT EACH PARTY’S RIGHTS CONCERNING THE RESOLUTION OF ANY DISPUTE (DEFINED BELOW) BETWEEN THE PARTIES. This Disputes section applies to any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded. To the extent of any conflict in dispute resolution terms, the Afterpay Terms of Service control.
To expedite resolution and the cost of any dispute, controversy or claim between you and us related to any dispute or controversy arising from or relating to the Sweepstakes and generally with respect to Afterpay, this Agreement or the enforcement of any provision of this Agreement (a “Dispute”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is your most recent address provided to us in connection with your Account, or an email to the email address you have provided in your Afterpay Account. Our address for such notices is: Afterpay US, Inc, PO Box 328, San Francisco, CA 94104-0328, Attention: Legal, or by email to [email protected]. Any Notice from you must include your name, pertinent Account information, a brief description of the Dispute, and your contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. Any Notice from us will include pertinent Account information, a brief description of the Dispute, and our contact information, so that you may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.
IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, THE PARTIES AGREE THAT EITHER YOU OR WE MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and we may litigate in court to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any suit to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or (3) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In addition, either party may assert claims, if they qualify, in small claims court in San Francisco County, California.
The parties agree that any arbitration will be limited to the Dispute between us and you individually. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
Arbitration will take place in San Francisco County, California. The parties agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the state and federal courts located in San Francisco County, California have exclusive jurisdiction and the parties agree to submit to the venue the personal jurisdiction of such courts.
You may opt out of the foregoing arbitration clause and class action/jury trial waiver provision of this Agreement by NOTIFYING US IN WRITING WITHIN 30 DAYS OF THE DATE YOU ENTER THE SWEEPSTAKES. To opt out, you must send a written notification to us at [email protected], Attention: Legal, that includes (i) your Afterpay Account identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address and (vi) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver sections.
Any dispute arising under or related hereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles and will be brought exclusively in the state and federal courts located in San Francisco, California, and each entrant accepts and submits to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising from or relating to this Sweepstakes or these Official Rules.
11. ENTRANTS PERSONAL INFORMATION: Sponsor will use Entrant’s personal information, including, his/her first name, last name, address, city, state, zip code, and email address (if applicable), solely for the purposes of confirming the eligibility of such Entrant, notifying a potential Prize Winner, awarding a Prize, and reporting Prize Winner information as required by law (as applicable), if Entrant is selected as a Prize Winner. All other information collected from Entrants (including but not limited to the Entrant’s gender and any other demographic information) is collected for analysis purposes only. Information collected from Entrants is subject to Sponsor’s privacy policy, located at https://www.afterpay.com/en-US/privacy-policy.
12. WINNER’S LIST/RULES REQUEST: For the name of the Prize Winners, please submit a self-addressed, stamped envelope for receipt to “Afterpay App Usage Survey Prize Draw Sweepstakes” (please specify “Winner’s List” or “Rules Request”), PO Box 458, Newark, NY 14513 . A copy of these Official Rules may also be obtained at URL during the Sweepstakes Period. Rules requests must be received no later than one month after the end of the Sweepstakes Period and winner’s list request must be received within three (3) months of the end of the Sweepstakes Period. Vermont residents may omit return postage for rules request.
13. SPONSOR: Afterpay US Services, LLC, NMLS ID 1870854 NMLS Consumer Access. 222 Kearny Street, Suite 600, San Francisco CA 94108
This Sweepstakes shall not be published without the written permission of the Sponsor.
