Happy Money Sweepstakes
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT.
1. SWEEPSTAKES PERIOD:
The Happy Money Sweepstakes (the “Sweepstakes”) begins at 8:00am PST on 1/16/2019, and ends at 11:59pm PST on 2/28/2019 (the “Sweepstakes Period”). Sponsor’s computer is the official clock for the Sweepstakes.
Sweepstakes only open to legal residents of the U.S. and D.C., excluding MA, MS, NE, NV and WV, who are above the age of majority in their state of legal residence as of the date of entry, are a verified past or present Payoff applicant or borrower and recipient of the Sweepstakes’ email, have valid social security, have a valid checking account. Employees of Sponsor and its affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and those living in the same household of each such individual, whether or not related, are not eligible to enter or win.
3. HOW TO ENTER:
METHOD OF ENTRY: There are two methods of Entry for this Sweepstakes. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. Provided that you satisfy the Eligibility criteria set out above, you may enter by completing the survey that has been emailed directly to you. When prompted, you will be required to provide the following information: first name, last name, email address. Upon submitting a properly completed survey, you will automatically receive one Entry into the Sweepstakes. As a bonus, the first 1000 people who complete the survey will receive $10 USD in their Joy account. Entrants must have an iOS mobile device that supports the Joy application to receive the $10. If Entrants do not have a Joy account, they must open one to receive the $10. Entrants from NY and FL are not eligible for the bonus. Alternatively, Entrants may send a Self-Addressed Stamped Envelope to Sponsor’s address with their name and verified email address. Entrants will automatically receive one Entry into the Sweepstakes by either one of these methods of Entry. LIMITS: There is a limit of one (1) Entry per person for the entire Sweepstakes Period. All Entries become the property of Sponsor and will not be acknowledged or returned.
4. PRIZES, PRIZE DRAWING, AND ODDS OF WINNING:
PRIZE DRAWING: Sponsor will conduct twenty-four (24) random prize drawings from all eligible entries received during the Sweepstakes Period. All drawings will be conducted within 14 days of the end of the Sweepstakes Period. Odds of winning depend on number of eligible entries received. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor.
PRIZE DETAILS: Total of twenty-four (24) prizes. One winner will receive $2,000; three winners will receive $1,000; and twenty winners will receive $500 (“Prizes”). The approximate retail value (“ARV”) of all Prizes is U.S. $15,000. The Prize will be sent at no expense to the Winner. Sponsor will notify a Potential Winner by sending a message to the Potential Winner via email. The Potential Winner is responsible for responding and providing the correct ship-to address within 30 days after issuance of notification. A signature may be required at the time of delivery. The Winner is solely responsible for any taxes on the prize. Only one prize will be awarded per Winner. PRIZE AWARDING: All Prizes will be awarded, provided more than enough entries have been received. Sponsor will not replace any lost or stolen prize. No transfers, cash awards, or prize substitutions are permitted, except by Sponsor. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Prize winner may be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return the same, properly executed, within seven (7) days of issuance of notification. (TN residents need not sign the publicity releases). If a prize or prize notification is returned as undeliverable; or if a Potential Winner cannot be contacted after a reasonable number of attempts, is ineligible according to these Official Rules, fails to provide the required information and/or return the required documents within the specified time period, decides to decline his/her prize for any reason whatsoever, or otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the Affidavit is received within the specified time period, is verified, and receives final approval by Sweepstakes Entities, then and only then will a Potential Winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsor are final in all respects of the Sweepstakes.
PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. Winner will not be obligated to purchase any other Sponsor products or services. Entrant agrees to indemnify, release, and hold harmless Sweepstakes Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the prize resulting from participating in this Sweepstakes. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Entrant or that of Entrant’s heirs, executors, and administrators relative to Entrant’s use of the prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the prize awarded to Entrant. Winners of Prizes may be required to sign an IRS Form W-9 with the Winner’s full social security number or the equivalent. Failure to submit a Form W-9 upon request will result in forfeiture of the prize.
5. CONDITIONS OF ENTRY:
Sweepstakes Entities are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, personal electronic devices, software, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer or mobile device related to or resulting from participation in the Sweepstakes or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right to void any entries at issue and/or to suspend, modify, cancel, or terminate the Sweepstakes, in whole or in part, at any time without notice and award the prizes in a random drawing from among all non-suspect eligible entries received as of the termination date. In case of a dispute as to the owner of an Entry, Entry will be deemed to have been submitted by the authorized account holder of the email address with which the Entry was made. The authorized account holder is deemed as the natural person assigned to an email address by an Internet access provider, service provider, or other organization responsible for assigning email addresses or the domain associated with the submitted email address. Caution: Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
This Sweepstakes is conducted in English. Except where prohibited, 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 this promotion, 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 in the State of California.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY.
7. DISPUTE RESOLUTION:
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action, or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, Washington, DC, New York City, NY, Los Angeles, CA, Atlanta, GA, or Dallas, TX (whichever is closest to Entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
8. WHO WON:
For the name of the prize winners, please send a self-addressed, stamped envelope to Attention: Compliance, Payoff, Inc., d/b/a Happy Money, 3200 Park Center Drive, Suite 800, Costa Mesa, CA 92626. Requests for winner’s name must be received within 60 days of the end of the Sweepstakes Period.
Payoff, Inc., d/b/a Happy Money, 3200 Park Center Drive, Suite 800, Costa Mesa, CA 92626.