Afterpay Co-marketing Competition Terms and Conditions

LIMITED TO E-COMMERCE STORE BUSINESS OWNERS WHO RESIDE IN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA

THIS GIVEAWAY SHALL BE CONSTRUED ACCORDING TO AND GOVERNED EXCLUSIVELY BY U.S. LAW.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION OR OTHER STIPULATIONS WOULD BE REQUIRED OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION.

1. ELIGIBILITY:

Participation in the June 2021 Marketing Fund competition (the “Giveaway” or “Prize Draw” or “Promotion”) is limited only to active Afterpay small and medium businesses who are legal residents of the 50 United States or the District of Columbia, and are legal age of majority in their jurisdiction of residence at time of entry, who have successfully implemented Afterpay and have not processed their first customer order with Afterpay before 1 July . Void where prohibited or restricted by law. Afterpay US, Inc. (the “Sponsor”),their parent companies, affiliates, subsidiaries, advertising and promotion agencies, and each of their respective directors, officers, employees and assigns (collectively “Released Parties”) and their immediate family members and/or those living in the same household of each (whether related or not) are not eligible. For purposes of this Giveaway the term “family member” is defined as spouse, partner, parent, legal guardian, in-law, grandparent, child, or grandchild.

2. AGREEMENT TO THESE OFFICIAL RULES:

Participation in this Giveaway constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and Sponsor’s decisions which are final and binding. Determination of winners is subject to verification of eligibility as noted herein and receipt of a prize is contingent upon fulfilling all applicable requirements set forth herein.

 3. TIMING:

The Giveaway begins at 12:00:01 AM Pacific Time (“PT”) on July 1, 2021 and ends July 31, 2021 at 11:59:59 PM PT (the “Promotion Period”). Sponsor’s clock is the official timekeeping device for this Giveaway. Entrants are solely responsible for determining the corresponding time zone in their respective jurisdictions.

 4. HERE’S HOW TO ENTER: 

During the Promotion Period, to enter, Eligible Merchants must either:

a) process at least three (3) or more unique customer orders with Afterpay greater than or equal to $25 in total value; or 

b) process at least one (1) or more unique customer orders with Afterpay greater than or equal to $500 in total value.

5. ELIGIBLE ENTRY

will be individually judged (by representatives of Afterpay) on the set criteria of the highest total value of customer orders with Afterpay during the Promotion Period. The winners will be selected from all valid entries received during the Promotion Period. Entries will be judged at 10 August 2021.

There will be a total of 1 winner(s), who will be notified by email within 2 business days of the judging date on 10 August 2021. Winners’ names will be published within 2 business days of the judging date on https://www.afterpay.com/en-US/co-marketing-competition-terms for at least 28 days.

6. WINNER NOTIFICATION AND VERIFICATION PROCESS:

Potential winners will be notified via email by the Sponsor and will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, and where lawful, a Publicity Release (“Documents”) within five (5) days (including Saturdays, Sundays and Holidays) of attempted delivery of same. Winners who are U.S. residents will also be required to complete a W-9 Tax form. Potential winners may be required to provide additional documentation in order to validate eligibility, at Sponsor’s sole discretion. If it is determined that any Entry has not complied with these Official Rules, Sponsor is unable to contact a potential winner within a reasonable period, potential winner has failed to properly execute and return any required documents within the specified time period, or has made false statements, or if a potential winner declines the prize, then such Entry will be disqualified, and an alternate may be selected. Sponsor reserves the right to disqualify any potential winner at any time, in their sole discretion, in the event circumstances arise that would constitute a breach of these Official Rules or otherwise.

Sponsor assumes no responsibility for undeliverable email resulting from any form of active or passive filtering by an email client or for insufficient space in user’s account to receive email messages. Sponsor reserves the right to modify the notification procedures and applicable deadlines for responding at its sole discretion. If a prize is legitimately claimed, it will be awarded. Upon prize forfeiture or inability to use a prize or portion thereof, no compensation will be given and Sponsor will have no further obligation to that participant.

Up to two (2) alternate drawings will be held, if applicable, after which un-awarded prizes will remain un-awarded.

7. AVAILABLE PRIZES AND APPROXIMATE RETAIL VALUES (ARV).

All prize values are stated in US Dollars (USD). One (1) First Prize – The Eligible Merchant with the highest number of customer orders during the Promotion Period will receive $4000 worth of marketing on Afterpay's channels to use towards mutually agreed marketing activities promoting Afterpay being available with the Merchant. Total ARV $4000 USD. 

8. For All Prizes: 

• Prizes are subject to all federal, state, local, provincial, and other tax liabilities (including income and withholding taxes) and taxes/duties in connection with receipt of a prize will be the responsibility of the winners.

• Winners of prizes who are legal residents of the United States will be issued a 1099 for the value of the prize as stated herein. If there is any restriction to receiving a prize in the country of a winner, an alternate prize may be provided.

• No transfer or substitution of prize by winner permitted. Sponsor reserves the right, where lawful, to substitute a prize in whole or in part, of equal or greater value. All costs and expenses associated with the acceptance and use of a prize not specified herein are the sole responsibility of the winners.

• Prize details not specifically stated in these Official Rules will be determined in Sponsor’s sole discretion.

• Prizes will be awarded in August 2021. Limit: One (1) prize per person/e-commerce store.

• For a potential winner to be eligible for the Afterpay prize, it must have (1) entered into an Afterpay Merchant Agreement with Afterpay US, Inc. and Afterpay US Services, LLC or an affiliate of Afterpay US, Inc. (“Afterpay”) and (2) agreed to comply with the reasonable direction given by Afterpay regarding the integration of the Afterpay electronic payment gateway system on any applicable website.

• Only merchants located in territories where Afterpay provides its services are eligible for the prize. Notwithstanding anything herein to the contrary, selection of the winner will be subject to the reasonable discretion and approval of Afterpay. Afterpay has no obligation to supply the Afterpay Services until the winner has completed and returned to Afterpay all required documentation, including documents for identity verification procedures and a debit authorization form authorizing Afterpay to arrange for funds to be debited from the winner’s bank account held at its financial institution pursuant to the Afterpay Merchant Agreement.  

• Winner acknowledges that the Released Parties (as defined above) have not made, nor are in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, merchantability, or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective prize supplier’s terms, and winners agree to look solely to such supplier for any such warranty and/or guarantee.

 9. RELEASE: 

Entrants/winners agree to release, discharge and hold harmless Released Parties from and against any claim or cause of action or liability (including but not limited to, personal injury, death or damage to or loss of property as well as claims based on publicity rights, defamation and/or invasion of privacy) arising out of participation in the Promotion or acceptance/receipt/use or misuse of any prize, and agree to be bound by the Official Rules and the decisions of the Sponsor, and/or Sponsor’s representatives, which are final. Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winner’s name, likeness, photograph and/or hometown and state/province for purposes of advertising and trade without further compensation, in any media, worldwide, unless prohibited by law. 

10. GENERAL: 

All federal, state, provincial and local laws and regulations apply. All submitted information is subject to verification. Sponsor may assign, delegate, subcontract, or transfer any of its rights or obligations hereunder and may authorize any direct or indirect affiliate of Sponsor to act as Sponsor’s agent for purposes of this Agreement, including fulfillment of prizes. In the event of a dispute as to the identity of an Entrant, the Entry will be deemed to have been made by the registered account holder of the e-mail address provided on the online entry form. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry in question may be disqualified in Sponsor’s sole discretion. Sponsor’s determination that an entrant is (or is not) legally prohibited from entering or receiving a prize will be conclusive, and Sponsor shall have no liability to any entrant or any other person in connection with such determination.

 ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 

Sponsor will not be responsible for lost, late, damaged, misdirected or mutilated mail, misdirected email, or for any technical problems, faulty, lost, garbled, incomplete, incorrect or mistranscribed data transmissions, incorrect announcements of any kind, malfunctions, technical hardware or software failures of any kind including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with this Promotion.

Sponsor is not responsible for malfunctions or breakdown of any network systems, unavailable service connections, lost, incomplete, faulty network connectivity of any kind, failures of any service providers, or any combination thereof, which may limit a person’s ability to participate in this Promotion.

Sponsor reserves the right to suspend, cancel or modify the Promotion if it cannot be executed as planned for any reason including, but not limited to, if fraud, human error, technical failures, or any other factor impairs the integrity or proper functioning of the Promotion; or if a virus, bug or other technical problem corrupts the administration, security, or proper play of the Promotion as determined by Sponsor in its sole discretion. If the Promotion is so cancelled or modified, Sponsor may award prizes from among all eligible participants prior to such action and Sponsor shall have no further obligation to any participant in connection with this Promotion.

Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the participant fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor will not be responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the prizes.

 11. DISPUTES: 

All federal, state, provincial and local laws and regulations apply. THE APPLICABLE COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE PROMOTION AND APPLICABLE STATE AND FEDERAL LAWS SHALL GOVERN THE PROMOTION. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS FOR ANY REASON AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Claims may not be resolved through any form of class action.

Entrant agrees that any and all claims, judgments, and awards shall be limited to the lower of either reasonable or actual out of pocket costs incurred, including any costs associated with participation in this Promotion but in no event attorneys' fees; and under no circumstances will Entrants/winners be permitted to obtain awards for and Entrants/winners hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for the lower of either reasonable or actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

If any provision of these Official Rules is invalid under the law, rules or regulations of a particular country, it will only apply to the extent permitted. In addition to the tax liability disclosures in these Rules, winners are subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and regulations of the winner’s country of residence.

By entering and participating in the Promotion, Entrants hereby expressly agree and accept that for all that is related to the interpretation, performance and enforcement of these Official Rules, each of them expressly submit themselves to the laws of the United States of America, expressly waiving to any other jurisdiction that could correspond to them by virtue of their present or future domicile or by virtue of any other cause.

 12. PERSONAL DATA: 

Information collected from entrants is subject to the Sponsor’s privacy policy which can be found at INSERT URL. Sponsor assures that your information will be kept confidential in accordance with data protection regulations fulfilling the applicable requirements of EU data protection law. Data will be stored in the United States and may be shared with a third-party fulfillment company only to administer this Promotion, verify winners, and fulfill prizes unless you have given your prior express consent to receive additional information from Sponsor or a third party.

13. WINNERS: 

Winners will be announced at INSERT.

14. MISCELLANEOUS: 

The invalidity or unenforceability of any provision herein shall not affect in any way the validity and enforceability of any other provision in these Official Rules.