Affirm Social Media Contest Official Rules

Transcription

1 Affirm Social Media Contest Official Rules NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MAXIMUM ONE (1) ENTRY PER PERSON. VOID WHERE PROHIBITED BY LAW. 1. Sponsor The Contest is sponsored by Affirm, Inc., 633 Folsom Street, 7 th Floor San Francisco, CA ( Affirm or Sponsor ). This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. You understand that you are providing your information to Sponsor, and not to Facebook or Twitter. The information you provide will only be used for the purposes and in the manner described herein. Participants agree to release and hold harmless Facebook and Twitter, and their respective subsidiaries, affiliates, suppliers, officers, directors, employees and agents from and against any claim or cause of action arising out of participation in this Contest or receipt or use or misuse of any prize. 2. Eligibility What s Your Affirm Story (the Contest ) is open only to legal residents of the United States, 18 or older. Persons who live outside the United States and/or are employees of Sponsor, and each of its parent, affiliates, subsidiaries, directors, and agents, and the immediate family of such employee CANNOT participate in the Contest. Void outside the U.S. and where prohibited by law. Participation in the Contest is subject to these Official Rules and Sponsor s decisions, which are final and binding in all respects and not subject to appeal. 3. Agreement to Official Rules Participation in this Contest constitutes participant s full and unconditional agreement to and acceptance of these Official Rules, Sponsor s online Terms of Service and Privacy Policy (incorporated herein by reference), and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. 4. Timing Contest entries will be accepted online starting on [12/07/16, 12 a.m. PT] and ending [12/21/16, 11:59 p.m. PT] (the Entry Period ). All online entries must be received by [12/21/16, 11:59 p.m. PT].

2 Entries that are submitted outside the Entry Period will be disqualified and will not be counted towards the prizes. Sponsor s computer will be the official timekeeping device for the Contest. Phase Start Date End Date Approximate Notification Date Submission Entry Period 12/07/2016 (12:00am PST) 12/21/2016 (11:59pm PST) 12/26/ Entry Rules and Requirements a. To Enter. In order to participate, participants must be members of Facebook.com or Twitter.com. Membership is free visit or to join. Once a participant has become a member of Facebook or Twitter, the participant may to submit their story as to how Affirm helped them within the applicable character limits (your Submission ) in accordance with the entry instructions below. You may optionally submit a photo to accompany your Submission, but the photo will not be considered by Sponsor for winner determination. The Contest must be entered by submitting an entry on one of the following social media channels of your choice: (1) Facebook or (2) Twitter. Participants must follow Affirm and include in their entry post/update if submitting on Twitter. When posting the Submission on Twitter or Facebook, be sure to follow with the hashtag #MyAffirmStoryContest. If posting the Submission on Facebook, be sure to post the Submission to the timeline on (NOT your own personal timeline). If you do not have or do not wish to use your account on any of the above social media channels to participate in the Contest, you may instead submit your Submission via to contests@affirm.com. Be sure to include My Affirm Story Contest and your full name in the subject line of . The Submission must be original material taken by the contest entrant. By entering the Contest, entrant represents, acknowledges, and warrants that the Submission is the original work created solely by the entrant and that no other party has any right, title, claim or interest in the Submission. Submissions must be consistent with the Guidelines and Content Restrictions, as described below in Section 7. Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions. You will not be permitted to edit your Submission once submitted. b. Entry Restrictions: No more than one (1) entry per person during the Entry Period will be counted. Any attempt by any participant to obtain more than the stated number of entries by providing the same Submission by using multiple/different addresses, identities, registrations and logins, or any other methods will void that

3 participant's entries and that participant 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 address used to register will be deemed to be the participant. The authorized account holder is the natural person assigned the address or social media account used to register for the Contest, as that is determined by the Internet access provider, online service provider or other organization responsible for assigning addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Submissions, which may be disqualified, or for any error, human, technical or otherwise. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Contest or to be acting in violation of these Official Rules. 6. Prizes and Requirements for Winners a. Selection. Winner will be selected at random from among all eligible entries received during the Entry Period. The odds of winning a prize depend upon the number of eligible entries that are received. Participants may win one (1) Contest prize. The total value of prizes will equal approximately US $399. Prize values are accurate as of 12/07/2016. Prices and exchange rates may vary, and dealers may sell for less; winners will not be awarded any difference between stated approximate retail price and actual retail price at time of prize reward. Prize must be accepted as awarded and may not be transferred, substituted or redeemed for cash or otherwise, except at Sponsor s sole discretion or as contemplated herein. Sponsor reserves the right to substitute a prize of equal or greater monetary value if the prize, or any component of the prize, cannot be awarded for any reason. If winner is deemed a minor in his/her state or place of residence, prize will be awarded in the name of a parent or legal guardian. Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Winners are responsible for all applicable federal, state, provincial and local taxes, and any other costs and expenses associated with prize receipt, acceptance and/or use not specified herein as being provided. All prize details not specified in these Official Rules will be determined in Sponsor s sole and absolute discretion. Please allow six (6) to eight (8) weeks for shipment of prizes. b. Winner notification and requirements. The potential drawing winners will be notified by on or around the dates listed in the timing charts above. The potential winners must reply to the notification with any requested information within five (5) days of the time the win notification was sent. Sponsor shall have no liability for a potential winner s failure to receive notices due to spam, junk or other security settings or for a potential winner s provision of incorrect or otherwise nonfunctioning contact information. Potential winners may be required to sign and return to Sponsor, within five (5) days of the date notice is sent, a confirmation of an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit"). If a potential winner of any

4 prize cannot be contacted, fails to respond to the notification within five (5) days (if applicable), or fails to sign and return the Affidavit or Declaration within the required time period (if applicable), he/she forfeits the applicable prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner. ANY VIOLATION OF THESE OFFICIAL RULES BY A POTENTIAL WINNER (AT SPONSOR S SOLE DISCRETION) WILL RESULT IN SUCH POTENTIAL WINNER S DISQUALIFICATION AS A POTENTIAL WINNER OF THE CONTEST, AND ALL PRIVILEGES AS A POTENTIAL WINNER WILL BE IMMEDIATELY TERMINATED. 7. Content Guidelines and Restrictions By uploading your Submission and optional photo, you agree that your Submission(s) conform to the Guidelines and Content Restrictions below and that Sponsor, in its sole discretion, may remove your Submission(s) and disqualify you from the Contest if it believes that any of your Submissions fail to conform to these Guidelines and Restrictions. Submission Guidelines: The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is crated. All Submissions must be in English. All Submissions must include the hashtag #MyAffirmStoryContest. Submissions must share an experience using Sponsor s services. All text Submissions on Twitter must not exceed 140 characters in length. Any photo included must be in.jpg format and may not exceed 2 GB in size. The Submission cannot have been submitted previously in a promotion to any other Sponsor. Content Restrictions: The Submission must not contain material that violates or infringes another s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Participant must have permission from all individuals mentioned or displayed in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein and if requested, participant must be able to provide such permissions in a form acceptable to the Sponsor. The Submission must not disparage the Sponsor or any other person or party affiliated with the promotion or administration of this Contest. Submission may contain Affirm s mark in Submission materials solely for the purpose of this Contest. The Submission must not contain material not created by participant.

5 The Submission must be suitable for publication and viewing by all ages and must not contain material that is inappropriate, indecent, obscene, tortious, defamatory, harassing, grossly harmful, slanderous, libelous, disparaging or that is ethnically objectionable, or promotes bigotry, racism, hatred, harm or discrimination against any group, individual or entity. The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created. If the Submission contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining any and all releases and consents necessary to permit the exhibition and use of the Submission in the manner set forth in these Official Rules without additional compensation. Where feasible, entrant should obtain a personal release from all persons, who appear in the Submission, authorizing use of the Photograph in Sponsor s promotional materials to feature the winning entry, without compensation, permission or notification, unless prohibited by law. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner. 8. Re-Posting of Submissions. Sponsor may choose, in its sole discretion, to post (or re-post, as the case may be) Submissions on one or more of its social media accounts. Should Sponsor choose to do so, such posting/re-posting is for entertainment and informational purposes only and will have no bearing on the selection of winners. POSTED/RE-POSTED SUBMISSIONS DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/RE- POSTING/PUBLICATION OF SUBMISSIONS AND DISCLAIMS ANY RESPONSIBILITY FOR SCREENING, MONITORING OR REVIEWING SUBMISSIONS PRIOR TO POSTING, RE- POSTING, OR PUBLICATION OF SAME. 9. Release Participants agree to release and hold harmless Sponsor, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies 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, damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize. Participants assume sole liability and accept all risk of loss for injuries, including personal injuries and/or damage to property, caused or claimed to be caused by participating in the Contest, or the acceptance, shipping and handling, receipt, possession, loss, use or misuse of any prize. By participating in the Contest, each Participant agrees to the maximum extent allowable under applicable law, to indemnify and keep indemnified,

6 to defend, release and hold the Released Parties at all times harmless from and against any liability, personal injury, death, damages, losses, claims, demands or causes of action, suits or proceedings, costs and expenses (including reasonable attorney s fees) arising from, accruing out of, or in any way connected with his/her participation in the Contest, any Submission entered, or any act, default, omission, or breach by him or her of any warranty set forth herein, or for the receipt, possession, loss, use or misuse of any prize awarded, or the fraudulent activities of others. 10. Participants and Winners Ownership and License of Entries; Publicity Each participant retains ownership rights in and to his/her entry. Sponsor does not claim ownership of participants' entries, however, by submitting an entry and/or by claiming a prize in this Contest (i) each participant hereby grants to Sponsor, its subsidiaries, agents and assigns, an irrevocable, worldwide, perpetual, royalty-free, non-exclusive, transferable right and fully-paid up, fully-sublicensable license, under any and all such rights, to use, post, publicly perform and display, publish (or not publish), in whole or in part, or otherwise exploit in any manner his/her entry, including opinions, testimonial statements, photos, or other material submitted as part of his/her entry or in connection with this Contest, along with his/her name, without any restrictions, on and through website(s) owned and/or controlled by Sponsor, as well as in a blog or other commentary postings by Sponsor, in and in connection with the Contest, publicity and advertising for this Contest and related Sponsor's products and/or services, without any further attribution, notification payment or compensation to the participant or winner, his/her successors or assigns, or any other person or entity claiming by or through him/her. Acceptance of entries and/or selection of winners in this Contest creates no obligation (express or implied) on the part of Sponsor to use, commercialize or otherwise exploit any participant's or winner's entry, and participants shall not be entitled to any damages or other relief by reason of Sponsor's use or non-use of any entry. 11. General Conditions Sponsor reserves the right to terminate, amend, suspend or modify this Contest in whole or in part, at any time and without notice or obligation, if in Sponsor s sole discretion, any factor interferes with its proper conduct as contemplated by these Official Rules. Without limiting the generality of the foregoing, if, for any reason, the Contest is not capable of running as planned, including infection by bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process. Any attempt by any person to deliberately undermine the legitimate operation of the Contest 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

7 extent permitted by law. Sponsor s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or of any other provision of these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. 12. Limitations of Liability The Released Parties are not responsible, to the extent permitted by law, for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or omission or by any of the equipment or programming associated with or utilized in the Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) any injury or damage to property which may be caused, directly or indirectly, in whole or in part, from participant s participation in the Contest or receipt or use or misuse of any prize; or (6) any breach of contract or any infringement or other violation of copyright or any other intellectual property right, right of publicity, or proprietary rights, or for any loss (including loss of opportunity), injury, damage (including, but not limited to, direct, indirect or consequential loss), cost, expense, or claim arising from or in relation to the Contest or any entry submitted, or participation in this Contest, or any Contest-related activity, or for the authorized, unauthorized fraudulent activities Contest participants, or other third parties. If for any reason an participant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant s sole remedy is another entry in the Contest provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its 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. 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, unawarded, eligible prize claims. 13. Disputes Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and

8 exclusively by the United States District Court for the Northern District of California or the appropriate California State Court located in San Francisco County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant 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 participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Some jurisdictions do not allow for limitations of certain remedies or damages and so this provision may not apply to you. 14. Participant s Personal Information By participating in this Contest, participant acknowledges and agrees that Sponsor may collect the personal information submitted by you, and use the information pursuant to its privacy policy. Any personal information a participant submits as an entry will be stored on servers in the United States of America. Where applicable, entry into the Contest constitutes participant's consent to the export of any personal information collected by Sponsor to the United States of America and its use there only for the purposes of administering this Contest and associated processing (e.g., but not limited to back-up, archiving). Participants' personal information will be stored on these servers and used for the purposes of administering this Contest and associated processing of entries. For further information about how Sponsor manages your personal information, please see Sponsor s privacy policy at Your conduct and privacy on the Facebook and Twitter services are governed by the terms available on facebook.com and twitter.com, respectively. 15. Contest Results; Posting of Official Rules The Contest winner will be posted on and twitter.com/affirm for at least four weeks following the close of the Contest. The posting of the official rules will be available at Affirm, Inc. All rights reserved.