Afterpay Holiday Sweeps Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Afterpay Holiday Sweeps (the “Sweepstakes”) 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) years of age at the time of entry. Employees of Afterpay US, Inc. (“Sponsor”), Merkle Inc., and 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 Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Afterpay US, Inc., 760 Market Street, San Francisco, CA 94102. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Sweepstakes begins on December 19, 2022 at 12:00 a.m. Pacific Time ("PT") and ends on January 1, 2023 at 11:59 p.m. PT (the "Promotion Period"). Sponsor’s servers are the official time-keeping devices for the Sweepstakes.
4. How to Enter: There are two (2) ways to enter:
a. Make a Qualifying Afterpay Purchase:
i. Open an Afterpay Account: Participants must have or open an Afterpay account (online or through the mobile app). Accounts are free, but subject to Afterpay’s Terms of Service, Installment Agreement, Loan Agreement, and Privacy Policy. Participants will be required to link a debit card or credit card to seek approval for an Afterpay loan.
ii. Opt-in to the Sweepstakes (must be completed within the Afterpay mobile app): During the Promotion Period, open the mobile app and click on the “enter button” to opt-in to participate in this Sweepstakes. You must opt-in before your Afterpay purchases will be counted towards a Sweepstakes drawing. You are only required to opt-in one time during the Promotion.
iii. Make an Afterpay Purchase: Make an online, in app, or in store purchase with any retailer that offers Afterpay as a payment method that is at least $20 (each a “Qualifying Purchase”) excluding Afterpay Plus Card purchases, which will not be considered a Qualifying Purchase. For each Qualifying Purchase made online or in app excluding Afterpay Plus Card purchases, you will automatically receive one (1) entry into the Sweepstakes. For each Qualifying Purchase made in store excluding Afterpay Plus Card purchases, you will automatically receive two (2) entries into the Sweepstakes. NOTE: Use of Afterpay services for any unlawful or fraudulent activity, including breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or agreements with us (Afterpay or Merkle) will result in disqualification of your entries.
b. Enter by Mail: To enter without making an Afterpay purchase, print your name, address, phone numbers, email address, and date of birth on a piece of paper and mail it in an envelope with proper postage to “Afterpay Holiday Sweeps,” c/o Merkle Inc., P.O. Box 5011, Department 855437, Kalamazoo, MI 49003-5011. You will receive two (2) entries into the Sweepstakes. Limit: Two (2) entries per mail-in request. All mail-in entries must be handwritten and must be postmarked by January 2, 2023 and received by January 9, 2023. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
Limit: You may receive up to fourteen (14) entries during the Promotion Period, by any combination of entry methods. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, Afterpay accounts, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. 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. The potential winner may be required to show proof of being an authorized account holder.
5. Prize Drawing and Winner Requirements: Administrator is an independent organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Grand Prize winner from all eligible entries received during the Promotion Period, on or around January 16, 2023. The potential Grand Prize winner will be notified by email. The potential Grand Prize winner will be required to sign and return a Declaration of Compliance, Liability Waiver and where not prohibited a Publicity Release ("Declaration"), which must be received by Administrator within five (5) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner of the prize cannot be contacted, fails to sign and return the Declaration or provide any other requested information within the required time period (as applicable), or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving the prize is contingent upon compliance with these Official Rules. In the event that the potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
6. Prizes: ONE (1) GRAND PRIZE: A check for $10,000.
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. Odds of winning the Grand Prize depend on the number of eligible entries received during the Promotion Period. Total ARV of all prizes: $10,000.00.
7. Release: By receipt of the prize, winners agree to release and hold harmless Sponsor, Administrator, and their respective 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 Sweepstakes or receipt or use or misuse of the prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, 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 Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its 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 the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be 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 that provision.
10. Limitations of Liability: AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, 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.
The Releasees (as defined above) are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible entries, e-mail, mail, Sweepstakes-related correspondence or postage-due mail; (b) any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the mailing or transmission of notification or correspondence, the processing of entries, the announcement of any prize or in any Sweepstakes related materials; (c) technical failures of any kind; (d) unauthorized human and/or mechanical intervention; (e) human error; (f) any error, omission, interruption, defect or delay in transmission or communication; (g) viruses or mechanical malfunctions; (h) errors, typos, or misprints in these Official Rules, in any Sweepstakes related advertisements or other materials; or (i) lost or unavailable network connections. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in entrant’s e-mail account. Sponsor is not responsible, and may disqualify entrant, if his or her e-mail address, telephone, or other contact information does not work or if it is changed. If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible.
No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
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.”
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes 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 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 Sweepstakes, 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 Sweepstakes, 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.
12. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy.
13. Winner List: For a winner list, please click HERE. The winner list will be posted after winner confirmation is complete.
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