AFTERPAY x FIRST DAY OF SUMMER GIVEAWAY - Official Rules
AFTERPAY FEEDBACK SURVEY PROMOTION
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Afterpay (“Afterpay”) First Day of Summer Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are 21 years of age or older at the time of entry. Employees of Afterpay US, Inc. (“Sponsor”), its respective parent, subsidiaries, affiliates, advertising and promotion agencies, distributors, and prize suppliers and Instagram (collectively, the “Released Parties”), as well as the immediate family (spouse, parents, siblings and children) and household members of each such individual, whether or not related, 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 and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sweepstakes is in not sponsored, endorsed or administered by, or associated with Instagram.
2. Sweepstakes Period: The Sweepstakes begins on 6/21/2021 at 12:00:00 PM Pacific Time (“PT”) and ends on 6/24/2021 at 11:59:59 PM PT (the “Sweepstakes Period”). Sponsor’s designated computer server is the official time-keeping device for the Sweepstakes.
3. How to Enter: You must have a Instagram account to participate; if you do not have a Instagram account, it is free to create one. During the Promotion Period, follow Afterpay’s Instagram handle, find the Sweepstakes post on Afterpay’s Instagram feed and like the post and leave a comment (“Entry”)]. You may post multiple Entries during the Promotion Period.
Irrelevant or inappropriate Entries you post will not be accepted or considered for the Sweepstakes. Sponsor has the sole discretion on decisions to remove content it deems is in violation of the “Posting Guidelines” listed below. Entries you post may be open to public commentary, which participant acknowledges is not under the Sponsor’s direct control. Sponsor shall not be responsible for any public commentary made in connection with an Entry.
4. Random Drawing/Winner Selection: On 6/25/21 (actual date of drawing subject to change), Sponsor will pick 1 (one) winner at random from among all eligible Entries received during the Sweepstakes Period. Odds of winning vary based on participation.
5. Verification of Potential Winner: If you are a potential winner, you will receive a direct message back to the same account you used to enter with instructions on how to verify your win. Sponsor shall have no liability for any potential prize-winning notification that is lost, intercepted, or not received by any potential prize winner for any reason. Prize shall not be awarded until all such properly executed forms are returned. If, despite reasonable efforts, any potential prize winner does not respond within seven (7) days of the first notification attempt, or if the prize notification or prize is returned as unclaimed or undeliverable to such potential prize winner, the potential prize winner will forfeit his or her prize and an alternate winner may be selected from remaining eligible entries. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified, and an alternate winner may be selected. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the “Authorized Account Holder” of the Instagram Account submitted at the time of entry.
6. Prizes and Approximate Retail Value (“ARV”):
Winner/Winners will receive the following: a $2500 gift card to www.fwrd.com
Total approximate retail value of the Price is $2500.
Winner will not receive difference between actual and approximate retail value. Prize is non-transferable, non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Prize is not redeemable for cash. Sponsor reserves the right to substitute a particular prize for one of comparable or greater value. Winner is responsible for any and all applicable local, state, and/or federal taxes and fees. All expenses and costs associated with Prize acceptance and use not expressly stated in the prize description provided herein are the sole responsibility of Winner. Prize will be awarded only if the Prize Winner fully complies with these Official Rules. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.
7. Release of Liability / Conditions of Participation:
A. Transmission of Information. 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 this Sweepstakes; (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 entry process or this Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of this Sweepstakes, the uploading, the processing, or random selection of entries, the announcement of the Prize, or in any Sweepstakes-related materials; (5) late, lost, garbled, misdirected, inaccurate, incorrect, undeliverable, damaged, or stolen entries or mail; (6) costs associated with claiming or redeeming the Prize; nor (7) loss or damages resulting from an entrant’s connection to the internet via any of the websites contained herein. Released Parties are not responsible for any incorrect, mis-transcribed, misdirected, or undeliverable entries, email transmissions, incorrect announcements of any kind, or for any technical problems of any kind, 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. Sponsor assumes no responsibility for late, lost, incomplete, inaccurate, or damaged entries, or undeliverable emails resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client, or for insufficient space in user’s email account to receive email. Sponsor does not accept responsibility for any damage (whether material or non-material) caused to entrants, to their computer equipment, or to data which is stored on them, or to their personal, professional, or commercial activities. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor.
B. Reservation of Rights. Sponsor reserves the right to cancel, suspend, and/or modify this Sweepstakes, or any part of it, if any fraud, technical failures, or any other factor impairs the integrity or proper functioning of this Sweepstakes, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the Winners from among all non-suspect, eligible entries received up to the time of such action, or as otherwise deemed fair and appropriate by Sponsor. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of this Sweepstakes, or to be acting in violation of the Official Rules of this, or any other promotion, or in a disruptive manner, and void all associated entries. The preceding in no way precludes Sponsor from taking other actions against such individuals to protect its rights. Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance does not constitute the waiver of such provision.
C. Release and Indemnity. By participating, entrant indemnifies, releases and agrees to hold harmless the Released Parties, their parents, affiliates and subsidiaries, and other entities involved in the development / production / administration of the Sweepstakes, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, from any and all liability for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, arising from participating in the Sweepstakes, any Sweepstakes-related activity and/ or acceptance, receipt, possession, or use/misuse of the Prize and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy.
8. Force Majeure: If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation, or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes (or any part thereof), Sponsor reserves the right at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes and conduct the Sweepstakes selecting the prize winners from among all Eligible Entries received for such affected Sweepstakes Period prior to the action taken by Sponsor, or otherwise in a manner which is fair, equitable, and in accordance with these Official Rules, as determined by Sponsor in its sole discretion.
9. Dispute Resolution/Governing Law: To the fullest extent permitted by law, by participating in the Sweepstakes, entrant agrees that: (a) any action at law or in equity arising out of or relating to these Official Rules or this Sweepstakes shall be filed exclusively in the federal or state courts of the State of California, and entrant hereby consents and submits to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action; (b) any such action shall be resolved individually, NOT as part of a class action; (c) any claims/judgments/awards shall be limited to actual out-of-pocket costs incurred in entrant’s entry into the Sweepstakes (if any), but NOT attorneys’ fees, special damages, punitive damages, or consequential damages of any kind (including lost wages). These Official Rules and this Sweepstakes shall be governed by the internal, substantive laws of the State of California, without regard to principles of choice of laws/conflict of laws of the State of California or of any other jurisdiction.
10. Sweepstakes Winner: For a winner list (available after 6/30/2021), send a self-addressed, stamped envelope by 7/30/2021 to:
Afterpay US, Inc.
Attn: Afterpay Marketing Team
600 California St. 11th Floor
San Francisco, CA 94108
11. Privacy: By entering the Sweepstakes, and subject to the terms and conditions set forth herein, each entrant agrees to Sponsor’s collection and use of his/her personal information and acknowledges that he/she has read and accepted Sponsor’s Privacy Policy, located at https://www.afterpay.com/privacy-policy.
12. Sponsor: Afterpay US, Inc.
600 California St. 11th Floor
San Francisco, CA 94108
13. Grant of Rights: By entering, and except where prohibited by law, you (or your parent/guardian if you are under the age of majority in your jurisdiction) grant to Sponsor (and any of its agents, affiliates or subsidiaries) the irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable, and unlimited right and permission, but not the obligation, to (1) utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the Entry in any form or media now or hereafter known for any and all purposes deemed by Sponsor in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives, including but not limited to reposting the Entry online (e.g., on our brand websites and social media pages) and (2) use your name, online handle, and profile/avatar picture in connection with, or to reference the fact of, your Entry. You understand that your Entry may be edited in the sole discretion of Sponsor. You represent and warrant that the Entry will not contain any third party trademarked or copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of such material or you are otherwise legally entitled to post the material and to grant Sponsor all relevant licenses and permissions to use the material as contemplated herein. You agree not to take any legal action against, and release and discharge, the Released Parties from all claims in connection with the use of the Entry as contemplated herein.
14. Posting Guidelines: Failure to comply with the following Guidelines will cause your Post, which could include photographs, videos, comments or other material to be rejected and pulled from Afterpay pages on social media and may result in you being permanently banned from posting on Afterpay pages on social media. The following Posts and subject matter will be rejected and result in immediate disqualification from Afterpay pages on social media: Personal Attacks: Personal attacks will not be tolerated. Disrespecting, insulting or attacking other users or Posts will not be permitted. It's okay for users to challenge an opinion or view, but ensure that it is done respectfully. Behavior/comments that may result in others feeling threatened or specifically targeted or abused will not be allowed; Discrimination: Discrimination or prejudice based upon race, ethnicity, sex, religion, disability status, migrant worker status, communicable disease carrier status, or marital status or pregnancy/nursing period status, and any other category protected by law will not be tolerated. Any prejudicial statements, behaviors, comments or remarks will cause the Post to be immediately disqualified and removed; Pornographic Material: Pornographic material and/or references to it are not allowed in Posts, and Posts containing such will be removed; Violence: Anything inciting or directly referring to violence, past violence or the threat of violence is prohibited and will be removed; Hatred: Constructive debate is allowed, but hatred towards anyone will not be tolerated; Libelous Statements: Libel is a statement or comment about a person or organization that cannot be proved to be true and may be considered damaging to their reputation and or interests. Libel will not be permitted; SPAM: Anything that disrupts the normal flow of chat. Examples: garbled or nonsense sentences, duplication of words and numbers. Cannot use the community in connection with surveys, sweepstakes, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Posting under multiple nicknames is not allowed; Slang or References to Upsetting/Distressing Subjects: Slang referring to upsetting or distressing subjects will not be permitted and will be immediately removed. Such references include drug use, sexual acts of an indecent nature (and anything considered to be explicitly sexual in nature), references to religion, political beliefs, or anything deemed to distress the parents or guardians of users or anything deemed to be socially unacceptable in Sponsor’s sole discretion; Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity will not be permitted, including Drugs, Prostitution, Fraud, Stalking, Extortion, and Terrorism.
