Affirm – Debit Virtual Holiday Baking Event With Lili Reinhart Sweepstakes
Affirm Debit+ Virtual Holiday Baking Event with Lili Reinhart Sweepstakes OFFICIAL RULES
NO PURCHASE, OBLIGATION, PAYMENT OR CARD ACTIVATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT, OR UTILIZING ANY AFFIRM SERVICES OR PRODUCTS, WILL NOT INCREASE ODDS OF WINNING. INTERNET ACCESS OR SOCIAL MEDIA ACCOUNT REQUIRED TO ENTER.
SWEEPSTAKES PERIOD: The Affirm Debit+ Virtual Holiday Baking Event with Lili Reinhart Sweepstakes (the “Sweepstakes”) begins 12:00:00 AM Pacific Time (“PT”) on October 27, 2021 and ends 11:59:59 PM PT on October 31, 2021 (“Sweepstakes Period”). Administrator’s clock is the official time keeping device for this Sweepstakes.
RANDOM DRAWING/ODDS: Five (5) potential winners will be randomly selected from among all eligible Entries received during the entire Sweepstakes Period. Random drawing will be conducted on or about November 1, 2021 by Administrator, an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. The odds of winning a prize will depend on the total number of eligible Entries received during the Sweepstakes Period.
FIVE (5) PRIZES: Each prize consists of a virtual baking event with Influencer (to last at least 45-minutes) for winner and one (1) invited guest of winner via Zoom or other video conference service to be scheduled by December 31, 2021 (hereinafter, the “Virtual Event”). Virtual Event has promotional value only. Sponsor will ship to the winner’s permanent residence within the eligibility area for delivery prior to the Virtual Event the small kitchen appliances (stand mixer and/or hand mixer), bakeware, measuring utensils and food ingredients (collectively valued at up to $2,500.00) required to bake Influencer-designated chocolate chip and holiday cookie recipes. Winner will be required to have access to the internet and a webcam capable device, and a working standard or convection oven/range kitchen appliance capable of baking cookies. Prize components are subject to change without notice. Any depiction of the prize is for illustrative purposes only and may not reflect actual prize won. The approximate retail value (“ARV”) of each prize is $2,500. Total ARV of All Prizes: $12,500. Any and all other costs and expenses associated with prize acceptance and use not specifically stated within these Official Rules as being provided, are the sole responsibility of the individual winners, including, without limitation, all federal, state, and local taxes. The ARV of the advertised prizes set forth above represents Sponsor’s good faith determination of the actual fair market value and, as ultimately determined by Sponsor, is final and binding. Any difference between the ARV of a prize and the actual fair market value of such prize, will not be awarded in cash or otherwise. Prizes are not redeemable for cash, assignable or transferrable in whole or in part, and must be accepted as a whole. If any prize or portion of a prize is not available for any reason, Sponsor reserves the right to substitute another prize or that portion of the prize with another prize of comparable or greater value. Any portion of a prize not accepted by a winner will be forfeited. Limit one (1) prize per person/household.
Prize Restrictions/Conditions: If a winner is considered a minor in his/her state or place of residence (the age of majority is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), prize will be awarded in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on the winner as set forth herein and must be such winner’s invited guest. Internet access and a webcam-enabled device and a working standard or convection oven/range kitchen appliance capable of baking cookies will be required to participate in the Virtual Event. Each winner is responsible for distributing Virtual Event information to his/her invited guest. Each winner and his/her invited guest are responsible for having adequate internet access and access to Zoom or other video conference service. A Zoom account is not required in order to join the Zoom video conference as a participant. The Sweepstakes Entities are not responsible for technical failures of any kind while connecting to or during the Zoom or other video conference, including, but not limited to, the malfunctioning of any computer, mobile device, cable, network, hardware or software. All details including date/time of Virtual Event are in Sponsor/Influencer’s sole discretion and must be used on date/time specified or prize will be forfeited. The appearance of Influencer in connection with prize is not guaranteed, is subject to availability and is subject to cancellation or modification. No compensation will be paid in lieu of a cancelled appearance. By entering this Sweepstakes and accepting a prize, each winner and their guest agrees to dress and act appropriately during the Virtual Event and maintain his/her good-behavior in accordance with all applicable laws and generally accepted manners and social practices. Sponsor reserves the right to terminate a winner’s participation in the Virtual Event, in whole or in part, with no further compensation, in the event such winner or their guest engages in behavior that is or appears to be, in Sponsor’s sole determination, obnoxious, threatening, or illegal; annoys, abuses, threatens or harasses any other person; is rude, uncooperative or disruptive; may or does cause damage to person, property, or the reputation of Sponsor; or otherwise violates the policies of the Sweepstakes Entities; all as determined by Sponsor in Sponsor’s sole discretion. Each winner and his/her invited guest are solely responsible for advising Sponsor of any food allergies or restrictions prior to the Event. By accepting a prize, each winner and invited guest acknowledges and accepts the inherently dangerous nature and risk of food preparation and operating kitchen appliances, including but not limited to an oven/range, such risk including but not limited to personal injury such as food poisoning, cuts, burns, and damage to person or property due to fire, acknowledges that his/her acceptance and use of the prize is voluntary, acknowledges that there are natural factors and occurrences which may impact or affect the safety of baking and he/she assumes the risk of such factors and occurrences and agrees that the Sponsor and the Released Parties defined below shall not be in any way responsible for any resulting injury, property damage and/or death.
If the Virtual Event is unable to take place as planned for any reason, including, but not limited to, cancellation, scheduling conflicts or unavailability of Influencer, lockout, labor dispute, strike, inclement weather, or an event of Force Majeure, as defined below, the remaining components of the prize will be awarded and Sponsor’s obligation to each winner will be fulfilled, and no other additional compensation or substitution will be provided. Virtual Event may be recorded, photographed, videotaped and otherwise saved by Sponsor (collectively, the “Footage”). Footage will be owned by Sponsor who has the right to use, edit, adapt, post, stream, copy and exploit such Footage and all elements embodied therein, including any names and likenesses embodied therein, on social media and in any and all media now known or hereafter devised throughout the world, in perpetuity, for advertising, promotional, trade and other purposes. By accepting the prize, each winner agrees that their name and likeness (and that of their invited guest) may be included in the Footage, in Sponsor’s sole discretion. Each winner agrees to assist Sponsor in retaining necessary releases (as applicable) from his/her invited guest.
NOTIFICATION OF WINNERS/DECLARATIONS: Potential winners will be notified via telephone and/or email on or about November 1, 2021. Potential winners will be required to digitally complete, sign and submit via email, a Declaration of Compliance, Liability Waiver, Publicity Release & Assignment of Rights (“Declaration”), if legally permissible, within twenty-four (24) hours of Administrator’s attempted delivery. Invited guest of each potential winner must be 18 or older and must digitally sign a guest release (“Guest Release”). If a potential winner and/or his/her invited guest does not return the Declaration or Guest Release or provide any required information within the time period specified by Sponsor, or if a Declaration is returned undeliverable, or in the event that a potential winner declines the prize, is or is later found ineligible for any reason or has not complied with or is in violation of these Official Rules, Sponsor will have the right to disqualify such potential winner, forfeit their prize or require immediate prize return, and determine an alternate winner, time permitting (in which event the procedures and requirements set forth herein will apply to the alternate winner). Subject to receiving sufficient eligible Entries, the prize will be awarded provided it is properly claimed. Administrator will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Administrator (including, without limitation, government-issued photo identification). Failure to provide any required documentation, including but not limited to such proof of identity, to the satisfaction of Administrator in a timely manner may result in disqualification and prize forfeiture. An Entrant is not a winner unless and until Entrant’s eligibility has been verified and the Entrant has been notified that verification is complete and all required documentation fully and accurately executed. To the fullest extent permitted by applicable law, Sponsor or Administrator reserve the right but without obligation to conduct a background check and/or informal investigation on any potential winner prior to awarding a prize. Without limitation, Sponsor reserves the absolute right not to award a prize to any potential winner (or to require immediate prize return or forfeiture, if applicable) if doing so could bring the Sponsor or any of the Sweepstakes Entities into public disrepute, scandal or embarrassment, or could negatively reflect on the Sponsor or any Sweepstakes Entities’ business, goodwill or reputation. Sponsor is not responsible for fraudulent calls or emails made to entrants not by the Sponsor or Administrator.
Potential winners are strictly restricted from any communication (e.g., announcing, telling any other person, or posting online via website, blog or any social media platform) stating or implying that they have been contacted or are a potential winner unless and until Administrator has fully verified eligibility and Administrator has notified such potential winner in writing that he or she has been approved to communicate their prize-winning status. Any violation of the foregoing sentence may disqualify such potential winner from receiving any potential prize.
Time permitting, Sponsor will make three (3) attempts to award any given prize and, if after three (3) attempts a prize remains unclaimed or a potential winner is not confirmed, such prize may not be awarded in Sponsor’s sole discretion. There will not be a second chance drawing.
TAXES: Any valuation of the prizes stated above is based on available information provided to Administrator and the value of the prizes awarded to the winners will be reported for tax purposes as required by law. Each winner must provide Administrator with a valid taxpayer identification number or social security number (as applicable) before the prize will be awarded. A Form 1099 will be issued to winners of prizes valued at $600 or more. Each winner is solely responsible for reporting and paying any and all applicable Federal, State and local taxes. Sponsor will not pay for or offset any tax liability associated with any prize.
GENERAL CONDITIONS: Sponsor has the right, in its discretion, to cancel, suspend and/or modify the Sweepstakes, or any part of it, in connection with any artifice, fraud, technical failure or problem or occurrence that in Sponsor’s judgment could affect or impair the security, fairness, integrity or proper functioning of the Sweepstakes or any part thereof, or prevents the Sweepstakes from being conducted as planned, as determined by Sponsor in its sole discretion. In the event of cancellation or early termination of the Sweepstakes, winners may be determined in accordance with the procedures set forth in these Official Rules from among all eligible Entries received as of the date of the event giving rise to the cancellation. Sponsor’s or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR ANY ELEMENT THEREOF MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor and Administrator, in their discretion, will determine the validity of each Entry. If they determine or believe that any Entry is fraudulent, illegitimate or invalid, or that any Entrant is ineligible, or has failed to comply with or has violated any provision of these Official Rules, Sponsor will have the right in its discretion to disqualify any affected Entrant and/or to disqualify any suspect or affected Entries. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. In the event of any conflict between these Official Rules and any Sweepstakes communication or information provided elsewhere (including, without limitation, in advertising or marketing materials and written or verbal communications), these Official Rules shall prevail.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in and/or entering the Sweepstakes, to the fullest extent permitted by applicable law, each Entrant releases and agrees to hold harmless Sponsor and the Sweepstakes Entities, and the successors and assigns of each of the foregoing (including, without limitation, any paid influencers and spokespersons) and the directors, officers, employees, representatives, advisors, agents and contractors of each of the foregoing, and the applicable social media platform (collectively, the “Released Parties”) from and against any and all alleged or actual claims, causes of action, demands, losses, settlements (whether or not litigation is commenced), liabilities, and damages (“Claims”) of any kind that the Entrant or other person ever had, now has or might in the future have arising out of or relating to the Sweepstakes or any element thereof, participation in the Sweepstakes (or inability to participate), the provision, acceptance or use of any prize or prize component (including activities and participation associated with the Virtual Event), or any use of the Entry or Footage as permitted pursuant to these Official Rules, including without limitation any and all Claims (a) relating to any personal injury, death or property damage or loss sustained by any Entrant or any other person, (b) a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of a winner and/or his/her invited guest participating in the Sweepstakes or the Virtual Event, wherever, whenever or however the same may occur; (c) based upon any allegation of violation of copyright, trademark, the right of privacy or publicity, misappropriation, defamation, disparagement, or violation of any other personal or proprietary right, or (d) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each Entrant agrees to the fullest extent permitted by applicable law not to assert any such claim or cause of action against any of the Released Parties. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical, printing, production, distribution or other error and may modify, rescind, cancel or revoke this Sweepstakes or any part thereof based upon any such error without liability and at Sponsor’s sole discretion. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, damaged, corrupted or incomplete Entries, incorrect or inaccurate capture of, damage to, or loss of Entries or Entry information or any other human, mechanical or technical error of any kind relating to the Sweepstakes, any website associated with the Sweepstakes, communications or attempted communications with any Entrant, failures of or delay in any mobile, wireless, Internet or cellular transmission or connection or the submission, collection, storage and/or processing of Entries, or any failures or inability to collect such information, or the administration of the Sweepstakes. To the fullest extent permitted by applicable law, Entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind these releases. A waiver by one or more of the Released Parties of any term in these Official Rules does not constitute a waiver of any other provision.
Each winner and his/her invited guest fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that will be implemented from time to time by the United States Department of Health and Human Services and/or the Centers for Disease Control and Prevention (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
FORCE MAJEURE: In the event an insufficient number of eligible Entries are received to award the prizes and/or Sponsor is prevented from awarding the prizes or continuing with this Sweepstakes as contemplated herein by any event reasonably beyond its control, including but not limited to fire, flood, natural or man-made pandemic or epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state/provincial or local government law, order, regulation, or guideline, public health crisis or pandemic (e.g., Coronavirus), order of any court or jurisdiction, or any other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate this Sweepstakes or any element thereof. If the Sweepstakes is terminated before the designated end date, but only if commercially reasonable and practicable under the circumstances, winners may be determined in accordance with the procedures set forth in these Official Rules from among all eligible Entries received as of the date of the event giving rise to the termination. Inclusion in such selection process shall be each Entrant’s sole and exclusive remedy under such circumstances.
DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, Claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in the State of 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 Sweepstakes, but in no event attorneys’ fees; (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; 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, so the above may not apply to you. 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 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.
WINNERS LIST: For a list of winners, available for ninety (90) days after November 1, 2021, send an email to: Winners@dja.com with WINNERS & 08-2828-06 as the subject line. Winners List will be sent after the prizes have been awarded.
SPONSOR: Affirm, Inc., 650 California Street. San Francisco, CA 94108.
ADMINISTRATOR: Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.
The Affirm Debit+ card is issued by Evolve Bank & Trust, Member FDIC and is not available to residents of New Mexico or U.S. territories. Payment options are offered by Affirm, are subject to eligibility checks, and may not be available in all states. Affirm Loan Services, LLC, NMLS ID 1479506. CA residents: Loans by Affirm Loan Services, LLC are made or arranged pursuant to a California Finance Lender license.