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Venmo New Member Sweepstakes
Venmo New Member Sweepstakes
Venmo New Member Sweepstakes
Venmo New Member Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.Please read carefully all terms and conditions of this agreement. These terms include an agreement to resolve disputes by arbitration on an individual basis.1. Eligibility: Venmo New Member Sweepstakes (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 old or older and do not have a Venmo account at the time of entry. Employees of PayPal, Inc., Merkle, Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, grandparents, siblings, children and grandchildren) and household members (whether related or not) 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 a prize is contingent upon fulfilling all requirements set forth herein. 2. Sponsor: PayPal, Inc., 2211 North First Street, San Jose, CA 95131. Administrator: Merkle, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.3. Timing: The Sweepstakes begins on October 3, 2022, starting at 12:00 a.m. Pacific Time ("PT") ends on November 14, 2022, at 11:59 p.m. PT (the "Promotion Period") and consists of two (2) entry periods (each an “Entry Period”) as outlined in the chart below. Sponsor's servers are the official time-keeping devices for the Sweepstakes.
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.Please read carefully all terms and conditions of this agreement. These terms include an agreement to resolve disputes by arbitration on an individual basis.1. Eligibility: Venmo New Member Sweepstakes (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 old or older and do not have a Venmo account at the time of entry. Employees of PayPal, Inc., Merkle, Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, grandparents, siblings, children and grandchildren) and household members (whether related or not) 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 a prize is contingent upon fulfilling all requirements set forth herein. 2. Sponsor: PayPal, Inc., 2211 North First Street, San Jose, CA 95131. Administrator: Merkle, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.3. Timing: The Sweepstakes begins on October 3, 2022, starting at 12:00 a.m. Pacific Time ("PT") ends on November 14, 2022, at 11:59 p.m. PT (the "Promotion Period") and consists of two (2) entry periods (each an “Entry Period”) as outlined in the chart below. Sponsor's servers are the official time-keeping devices for the Sweepstakes.
Entry Period | Starts at (12:00 a.m. PT) | Ends at (11:59 p.m. PT) | Drawing on/around |
|---|---|---|---|
1 | October 3, 2022 | October 17, 2022 | October 27, 2022 |
2 | October 18, 2022 | November 14, 2022 | November 28, 2022 |
4. How to Enter: During the Promotion Period, visit venmo.com/gettingstarted/mysteryoffer and follow the instructions to create a new Personal Venmo account. The Sweepstakes is open only to new Venmo members. It is free to create a Venmo account. After creating your new account, you will receive one (1) entry into the Sweepstakes for the applicable Entry Period drawing. Released Parties (as defined in Section 7, below) are not responsible for lost, late, unreceived, incomplete, invalid, un-intelligible, or delayed entries or failure to receive the entry due to limitations of third-party social network platforms all of which will be void. Limit: You may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same phone number/Venmo account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different phone numbers, identities, 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.The potential winners may be required to show proof of being the authorized account holder.5. Drawings: Sponsor and Administrator are independent judging organizations whose decisions as to the administration and operation of the Sweepstakes drawing and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received in each Entry Period on or around the dates listed above in Section 3. Entries from each Entry Period will remain separate. The potential winners will be notified by email and will be required to follow the instructions to provide their name and any other identifying information to confirm eligibility and for prize fulfillment purposes in order to claim a prize. If a potential winner cannot be contacted or fails to provide any other requested information within the required time period, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential Grand, First, Second, or Third Prize winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries in the applicable Entry Period. Only three (3) alternate drawings will be held, after which the applicable prize will remain un-awarded. Unclaimed Fourth Prizes will remain un-awarded. 6. Prizes:ENTRY PERIOD 1:SEVEN HUNDRED (700) GRAND PRIZES: $500 transferred into the winner’s Venmo account. Approximate Retail Value (“ARV”): $500. ONE THOUSAND FOUR HUNDRED (1,400) FIRST PRIZES: $250 transferred into the winner’s Venmo account. ARV: $250. TWO THOUSAND ONE HUNDRED (2,100) SECOND PRIZES: $100 transferred into the winner’s Venmo account. ARV: $100. TWO THOUSAND EIGHT HUNDRED (2,800) THIRD PRIZES: $50 transferred into the winner’s Venmo account. ARV: $50. TWO THOUSAND FIVE HUNDRED (2,500) FOURTH PRIZES: $20 transferred into the winner’s Venmo account. ARV: $20.ENTRY PERIOD 2:THREE HUNDRED (300) GRAND PRIZES: $500 transferred into the winner’s Venmo account. Approximate Retail Value (“ARV”): $500. SIX HUNDRED (600) FIRST PRIZES: $250 transferred into the winner’s Venmo account. ARV: $250. NINE HUNDRED (900) SECOND PRIZES: $100 transferred into the winner’s Venmo account. ARV: $100. ONE THOUSAND FIVE HUNDRED (1,500) THIRD PRIZES: $50 transferred into the winner’s Venmo account. ARV: $50. TWO THOUSAND FIVE HUNDRED (2,500) FOURTH PRIZES: $20 transferred into the winner’s Venmo account. ARV: $20.For all prizes: No prize substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize/prize component for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the applicable Entry Period. TOTAL ARV OF ALL PRIZES: $1,615,000. 7. Release: By receipt of any prize, winner agrees 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 useor misuse of a prize. 8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winners’ consent to Sponsor’s and its agents’ use of winner’s name, prize information, 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, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, 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 for any or all of 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: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the 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 the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (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 Sweepstakes or receipt or useor misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, 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.11. Agreement to Arbitrate: Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that the claimant may assert claims in small claims court, if the claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbiration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator also must follow the terms of this agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, shall be for a court of competent jurisdiction to decide.The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court.The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the parties subject to the discretion of the arbitrator to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, either party may attend by telephone, unless the arbitrator require otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Sponsor will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Sponsor for all fees associated with the arbitration paid by Sponsor on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.12.Prohibition of Class and Representative Actions and Non-Individualized Relief: Entrant and Sponsor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both Entrant and Sponsor agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).13. Limitation of Liability: Entrant agrees that 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. 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 Delaware without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware. 14. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy (https://www.paypal.com/webapps/mpp/ua/privacy-full).15. Winner List:For a winner list, click here. The winner list will be posted after winner confirmation is complete.© 2022 Merkle, Inc. All rights reserved.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator also must follow the terms of this agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, shall be for a court of competent jurisdiction to decide.The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court.The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the parties subject to the discretion of the arbitrator to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, either party may attend by telephone, unless the arbitrator require otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Sponsor will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Sponsor for all fees associated with the arbitration paid by Sponsor on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.12.Prohibition of Class and Representative Actions and Non-Individualized Relief: Entrant and Sponsor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both Entrant and Sponsor agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).13. Limitation of Liability: Entrant agrees that 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. 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 Delaware without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware. 14. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy (https://www.paypal.com/webapps/mpp/ua/privacy-full).15. Winner List:For a winner list, click here. The winner list will be posted after winner confirmation is complete.© 2022 Merkle, Inc. All rights reserved.
4. How to Enter: During the Promotion Period, visit venmo.com/gettingstarted/mysteryoffer and follow the instructions to create a new Personal Venmo account. The Sweepstakes is open only to new Venmo members. It is free to create a Venmo account. After creating your new account, you will receive one (1) entry into the Sweepstakes for the applicable Entry Period drawing. Released Parties (as defined in Section 7, below) are not responsible for lost, late, unreceived, incomplete, invalid, un-intelligible, or delayed entries or failure to receive the entry due to limitations of third-party social network platforms all of which will be void. Limit: You may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same phone number/Venmo account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different phone numbers, identities, 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.The potential winners may be required to show proof of being the authorized account holder.5. Drawings: Sponsor and Administrator are independent judging organizations whose decisions as to the administration and operation of the Sweepstakes drawing and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received in each Entry Period on or around the dates listed above in Section 3. Entries from each Entry Period will remain separate. The potential winners will be notified by email and will be required to follow the instructions to provide their name and any other identifying information to confirm eligibility and for prize fulfillment purposes in order to claim a prize. If a potential winner cannot be contacted or fails to provide any other requested information within the required time period, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential Grand, First, Second, or Third Prize winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries in the applicable Entry Period. Only three (3) alternate drawings will be held, after which the applicable prize will remain un-awarded. Unclaimed Fourth Prizes will remain un-awarded. 6. Prizes:ENTRY PERIOD 1:SEVEN HUNDRED (700) GRAND PRIZES: $500 transferred into the winner’s Venmo account. Approximate Retail Value (“ARV”): $500. ONE THOUSAND FOUR HUNDRED (1,400) FIRST PRIZES: $250 transferred into the winner’s Venmo account. ARV: $250. TWO THOUSAND ONE HUNDRED (2,100) SECOND PRIZES: $100 transferred into the winner’s Venmo account. ARV: $100. TWO THOUSAND EIGHT HUNDRED (2,800) THIRD PRIZES: $50 transferred into the winner’s Venmo account. ARV: $50. TWO THOUSAND FIVE HUNDRED (2,500) FOURTH PRIZES: $20 transferred into the winner’s Venmo account. ARV: $20.ENTRY PERIOD 2:THREE HUNDRED (300) GRAND PRIZES: $500 transferred into the winner’s Venmo account. Approximate Retail Value (“ARV”): $500. SIX HUNDRED (600) FIRST PRIZES: $250 transferred into the winner’s Venmo account. ARV: $250. NINE HUNDRED (900) SECOND PRIZES: $100 transferred into the winner’s Venmo account. ARV: $100. ONE THOUSAND FIVE HUNDRED (1,500) THIRD PRIZES: $50 transferred into the winner’s Venmo account. ARV: $50. TWO THOUSAND FIVE HUNDRED (2,500) FOURTH PRIZES: $20 transferred into the winner’s Venmo account. ARV: $20.For all prizes: No prize substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize/prize component for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the applicable Entry Period. TOTAL ARV OF ALL PRIZES: $1,615,000. 7. Release: By receipt of any prize, winner agrees 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 useor misuse of a prize. 8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winners’ consent to Sponsor’s and its agents’ use of winner’s name, prize information, 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, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, 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 for any or all of 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: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the 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 the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (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 Sweepstakes or receipt or useor misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, 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.11. Agreement to Arbitrate: Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that the claimant may assert claims in small claims court, if the claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbiration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator also must follow the terms of this agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, shall be for a court of competent jurisdiction to decide.The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court.The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the parties subject to the discretion of the arbitrator to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, either party may attend by telephone, unless the arbitrator require otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Sponsor will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Sponsor for all fees associated with the arbitration paid by Sponsor on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.12.Prohibition of Class and Representative Actions and Non-Individualized Relief: Entrant and Sponsor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both Entrant and Sponsor agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).13. Limitation of Liability: Entrant agrees that 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. 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 Delaware without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware. 14. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy (https://www.paypal.com/webapps/mpp/ua/privacy-full).15. Winner List:For a winner list, click here. The winner list will be posted after winner confirmation is complete.© 2022 Merkle, Inc. All rights reserved.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator also must follow the terms of this agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, shall be for a court of competent jurisdiction to decide.The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court.The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the parties subject to the discretion of the arbitrator to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, either party may attend by telephone, unless the arbitrator require otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Sponsor will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Sponsor for all fees associated with the arbitration paid by Sponsor on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.12.Prohibition of Class and Representative Actions and Non-Individualized Relief: Entrant and Sponsor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both Entrant and Sponsor agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).13. Limitation of Liability: Entrant agrees that 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. 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 Delaware without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware. 14. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy (https://www.paypal.com/webapps/mpp/ua/privacy-full).15. Winner List:For a winner list, click here. The winner list will be posted after winner confirmation is complete.© 2022 Merkle, Inc. All rights reserved.