Sendwave – Flight Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The Sendwave Flight Promotion (the “Promotion”) begins at 1:00:00 PM Eastern Time (“ET”) on March 3, 2023 and ends at 11:59:59 PM ET on March 31, 2023 (the “Promotion Period”). Please see world clock for time zone conversion information. The overall Promotion consists of five (5) individual entry periods (each a “Entry Period”). Each Entry Period will begin at a specified time (each a “Entry Period Start Time”) and will end at a specified time (each a “Entry Period End Time”) as detailed in the chart below. The Promotion contains a game of chance (“Sweepstakes”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion.1.ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia, continental France, the United Kingdom and Canada, excluding Quebec, who are age of majority or older in their country of residence as of date of entry, and have signed up to the Sendwave app and before or during one of the promotion’s entry period (the sign-up process is free and simple). Employees, officers and directors of Chime Inc. (doing business as Sendwave) (“Sponsor”), and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfilment and marketing agencies, (collectively, “Promotion Parties”) their immediate families (parent, child, sibling and spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in this Promotion or win a prize. By participating in this Promotion, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void in any country or jurisdiction not listed above and where prohibited by law, rule or regulation. 2.HOW TO ENTER THE PROMOTION: There are two ways to enter this Promotion:MONEY TRANSFER: To enter, log into your Sendwave account and within the Promotion Period complete transactions that add up to the following amounts or higher: two hundred United States dollars for people sending from the United States, two hundred Canadian dollars for people sending from Canada, two hundred pounds for people sending from the UK or two hundred euros for people sending from France (USD $200, CAD $200, £200 or €200). Upon registering, you will receive one (1) Entry into each of the five (5) Entry Period Prize Draws.ALTERNATE METHOD OF ENTRY (AMOE): To enter without completing a money transfer, visit [URL] (the “Website”) and enter your true and correct information, including your email address associated with your Sendwave account, on the registration form in the required fields (required fields include full name and phone number). Upon registering, you will receive one (1) Entry into each of the five (5) Entry Period Prize Draws.3. PRIZE DRAW/ODDS OF WINNING: The Sweepstakes will consist of five (5) individual Drawings (each “ Drawing”) and will be selected in an electronic, randomized drawing. The Drawing will be conducted on or around the drawing date (“Drawing Date”) specified in the chart below from among all eligible entries received during such Entry Period. Entries must be received before the end of the Entry Period to be eligible for the corresponding Drawing. All eligible non-winning entries from each Drawing will not be rolled into the next Drawing.4.PRIZES/PRIZE RESTRICTIONS: Twenty (20) prizes will be awarded during the Promotion. 1.ENTRY PERIOD PRIZES: Twenty (20) prizes will be awarded per Entry Period, consisting of (one (1) per winner):Draw 1: Four (4) round-trip flight ticket to a destination picked by the user, up to the value of $1,000.00 eachDraw 2: Four (4) round-trip flights up to the value of $1,000.00 eachDraw 3: Four (4) round-trip flights up to the value of $1,000.00 eachDraw 4: Four (4) round-trip flights up to the value of $1,000.00 eachDraw 5: Four (4) round-trip flights up to the value of $1,000.00 eachThe Approximate Retail Value (“ARV”) of the Entry Period Prizes is $4,000.00The total ARV of all prizes is $20,000.00PRIZE RESTRICTIONS: There are twenty (20) prizes available to be won in this Promotion, each consisting of a round-trip flight (approximate retail value of each prize USD $1,000.00). The total approximate retail value of all prizes is USD $20,000.00. Each flight prize includes a round trip ticket awarded to a single Sendwave user to their destination of choice up to the value of USD $1,000.00 only. The flight prize will not include accommodation. The flight prize will be arranged by The Sponsor. All travel is subject to availability. Prizes must be redeemed by April 9, 2023. Prizes will be awarded only upon winner redemption, confirmation, verification and final approval by Sponsor. Any expense not expressly described above as part of the prizes will be the winners’ responsibility. The selected Winners from the United States are required to sign an eligibility and liability release (EARL) and 1099 tax form in order to receive the prize.PRIZE RESTRICTIONS: All Promotion prizes will be fulfilled approximately four (4) to six (6) weeks after the Promotion has ended. No substitution, transfer of any prize or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value, if prize, or portion of prize, becomes unavailable. Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes. Canadian winners will be required, as a condition of winning a prize, to correctly answer the Sponsor’s mathematical skill-testing question.PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE PROMOTION PARTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL PRIZE DETAILS THAT ARE NOT SPECIFIED HEREIN ARE AT SPONSOR’S SOLE BUT REASONABLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.5. GENERAL: Each winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and place of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity , without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. This is not applicable to French entrants. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption in the Promotion Parties, including but not limited to the failure or interruption of Facebook or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed in Rule #4. All federal, state, provincial/territorial and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. The Promotion Parties reserve the right to cancel or modify the Promotion at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, or corrupted are void and will not be accepted.6.CONDUCT: By participating in this Promotion, you agree to be bound by these Official Rules and the decisions of the Promotion Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotion Parties reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties acting reasonably, to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.7.LIMITATIONS OF LIABILITY: To the extent permitted by law, the Promotion Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person’s computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the prizes from among all non-suspect, eligible Entries received for the Promotion up to the time of such action.8.RELEASES: To the extent permitted by law, all participants, as a condition of participation in this Promotion, agree to release, hold harmless and indemnify the Promotion Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Promotion, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these Official Rules. This provision does not apply to French residents.9.GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.10.ARBITRATION PROVISION: By participating in this Promotion, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Parties relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Boston, Massachusetts; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Promotion; (v) the arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.For Residents of France and the United Kingdom: The above choice of law and jurisdiction (including in respect of arbitration) does not deprive entrants of the protection under mandatory statutory provisions that cannot be waived under the law which would have otherwise been applicable. Nothing in these Official Rules shall be construed to limit or exclude any liability of the Sponsor for fraud, death or personal injury caused by the Sponsor’s negligence. Further, nothing in these Official Rules shall affect an entrant’s statutory rights.11.PRIVACY: Except as noted in these Official Rules, information collected for this Promotion is used only for the purpose of Promotion administration and winner notification and will not be re-used, sold or shared in any manner by the Promotion Parties or any third parties unless you have elected to receive additional information or promotional material from the Sponsor, or a third party. By participating in the Promotion, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at https://www.sendwave.com/privacy-policy. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.12.TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner.13. In respect of the French translation of the Rules, the English version of the Rules is for informational purposes only. In the event of any conflict, the French version of the Rules shall prevail.14.WINNERS LIST: To receive the list of winners of prizes (surname and state/province/territory and country of winner only), send a #10 self-addressed, stamped envelope for receipt by April 30, 2023 to: Sendwave Flight Promotion Winners List Request, c/o Chime Inc. (dba Sendwave), 100 Hano St, Suite #9, Boston, MA 02134. If you object to any or all of your name or country being published or made available, please contact the Sponsor at wecare@sendwave.com. SPONSORS: Sponsor of the raffle in the US and Canada: Chime Inc. (dba Sendwave), 100 Hano St, Suite #9, Boston, MA 02134.Sponsor of the raffle in the UK: Wave Transfer Ltd, 51 Eastcheap, London, EC3M 1DT, United Kingdom.Sponsor of the Raffle in France is: Sendwave SA, Place Marcel Broodthaers 8, 1060 Saint-Gilles (Brussels), Belgium, EU