Synchrony Bank – Carecredit Let’s Get Digital – Win of a check

CareCredit Let’s Get Digital Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND
WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The CareCredit Let’s Get Digital Sweepstakes (the “Promotion”) is open only to
legal residents of the fifty (50) United States and US Territories including the District of Columbia
who are at least eighteen (18) years old at the time of entry and who are CareCredit card holders
as of September 14, 2020. Employees of Synchrony Bank, Merkle Inc., Stephens Advertising
LLC, Jellyfish and their respective parent and affiliate companies (collectively, (“Sweepstakes
Entities”)) as well as the immediate family (spouse, parents, siblings and children) and household
members of each such employee are not eligible. The Promotion 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 and Sponsor’s and
Administrator’s decisions, which are final and binding in all matters related to the Promotion.
Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion
consists of a sweepstakes (the “Sweepstakes”) and an instant win game (the “Instant Win
Game”).
2. Sponsor: Synchrony Bank, 170 Election Road, Draper, UT 84020. Administrator: Merkle
Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075. The CareCredit credit card is issued
by Synchrony Bank.
3. Timing: The Promotion begins on September 14, 2020 at 12:00 a.m. Eastern Time (“ET”) and
ends on October 31, 2020 at 11:59 p.m. ET (the “Promotion Period”). The Sweepstakes consists
of seven (7) weekly entry periods (each a “Weekly Entry Period”) and a grand prize entry period
(the “Grand Prize Entry Period”), as outlined in the below table. The Weekly Entry Periods and
the Grand Prize Entry Period are referred to herein collectively as “Entry Periods.”
Entry
Period
Start Date
at 12:00 a.m. ET
End Date
at 11:59 p.m. ET
Post mark
Date
Received
by Date
Approximate
Drawing Date
Weekly 1 9/14/2020 9/20/2020 9/21/2020 9/28/2020 10/1/2020
Weekly 2 9/21/2020 9/27/2020 9/28/2020 10/5/2020 10/8/2020
Weekly 3 9/28/2020 10/4/2020 10/5/2020 10/12/2020 10/15/2020
Weekly 4 10/5/2020 10/11/2020 10/12/2020 10/19/2020 10/22/2020
Weekly 5 10/12/2020 10/18/2020 10/19/2020 10/26/2020 10/29/2020
Weekly 6 10/19/2020 10/25/2020 10/26/2020 11/2/2020 11/5/2020
Weekly 7 10/26/2020 10/31/2020 10/31/2020 11/7/2020 11/12/2020
Grand
Prize
9/14/2020 10/31/2020 10/31/2020 11/7/2020 11/12/2020
Administrator’s computer is the official time-keeping device for this Promotion.
4. How to Enter: During the Promotion Period, visit CareCredit.com/LetsGetDigital (the
“Website”) and complete and submit the registration form including a valid email address. You will
receive one (1) Sweepstakes entry into the applicable Weekly Entry Period drawing, one (1)
Sweepstakes entry into the Grand Prize drawing, and one (1) Instant Win Game play for that day.
Once on the Instant Win Game page, follow the links and instructions to play the Instant Win
Game. The Instant Win Game results will be instantly displayed. You will either win an Instant
Win Game prize, receive two (2) additional Sweepstakes entries into the applicable Weekly Entry
Period drawing and two (2) additional Sweepstakes entries into the Grand Prize drawing, or
receive a lose message. Potential winners of the Instant Win Game will be provided directions for
validation. All potential winners are subject to verification before any prize will be awarded. An
entrant may only win one Instant Win Game prize during the entire Promotion Period.
Administrator is responsible for the functionality of the Instant Win Game.
Limit: Each entrant may receive one (1) Sweepstakes entry during the Promotion Period for
registering; each entrant may receive one (1) Instant Win Game play per day during the
Promotion Period for either registering or logging in but are limited in the prizes that can be
received as set forth below; and each entrant may also receive up to ten (10) additional
Sweepstakes entries into the applicable Weekly Entry Period drawing and ten (10) additional
Sweepstakes entries into the Grand Prize drawing during the Promotion Period as an outcome of
playing the Instant Win Game. Multiple entrants are not permitted to share the same email
address. Any attempt by any entrant to obtain more than the stated number of plays/entries by
using multiple/different email addresses, identities, registrations and logins, or any other methods
will void that entrant’s plays/entries and that entrant may be disqualified. Use of any automated
system to participate is prohibited and will result in disqualification. Sponsor is not responsible for
lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified.
In the event of a dispute as to any registration or play, the authorized account holder of the email
address used to register will be deemed to be the entrant or player. 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 for the domain
associated with the submitted address. Potential winners may be required to show proof of being
the authorized account holder.
Additional Sweepstakes Entries: During the Promotion Period, there are several ways to earn
additional Sweepstakes entries up to the overall Sweepstakes limit, as outlined below:
a. Sign-up for eBill*: After you enter the Promotion, follow the links and instructions to click
on the “Sign-up for eBill” button and you will receive two (2) additional Sweepstakes
entries into the applicable Weekly Entry Period drawing and two (2) additional
Sweepstakes entries into the Grand Prize drawing.
*Mail-in Alternate Method of Entry (“AMOE”): To earn additional entries without signing
up for eBill, or if you have already signed up for eBill, hand print your name, address, day
and evening phone numbers, email address, and date of birth on a 3″ x 5″ piece of paper
and mail it in an envelope with proper postage to “CareCredit Let’s Get Digital
Sweepstakes – eBill Bonus Entry,” c/o Merkle Inc., P.O. Box 5011, Department 845008,
Kalamazoo, MI 49003-5011, U.S.A. You will receive two (2) additional Sweepstakes
entries into the applicable Weekly Entry Period drawing and two (2) additional
Sweepstakes entry into the Grand Prize drawing for each entry. Limit: One (1) request
per envelope. All mail-in entries must be handwritten and must be postmarked by the
dates listed in Section 3 above. All entries become the exclusive property of Sponsor
and none will be acknowledged or returned. Proof of sending or submission will not be
deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late,
incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will
be disqualified.
Limit: With respect to subsection a, the eBill method of entry/AMOE, each entrant is
limited to two (2) additional Sweepstakes entries into applicable Weekly Entry Period
drawings and two (2) additional Sweepstakes entries into the Grand Prize drawing during
the Promotion Period.
b. Click on CareCredit Social Channels Buttons: After you register for the Promotion,
follow the links and instructions to click on the Facebook, Twitter, Instagram, Pinterest,
and/or YouTube icons and you will earn one (1) additional Sweepstakes entry into the
applicable Weekly Entry Period drawing and one (1) additional Sweepstakes entry into
the Grand Prize drawing per clicked icon. Limit: Each entrant may complete this
action/obtain the applicable additional entries only one (1) time per icon during the
Promotion Period.
c. Answer Survey Questions: After you enter the Promotion, follow the links and
instructions to answer the provided survey questions and you will receive one (1)
additional Sweepstakes entry into the applicable Weekly Entry Period drawing and one
(1) additional Sweepstakes entry into the Grand Prize drawing. You must answer all the
provided questions in order to earn additional Sweepstakes entries. Sponsor will use your
survey responses for the personalization of future marketing messages. Limit: Each
entrant may complete this action/obtain the applicable additional entries only one (1) time
during each Weekly Entry Period.
d. Visit CareCredit Podcast: After you enter the Promotion, follow the links and
instructions to click on the button to visit the CareCredit podcast and you will receive one
(1) additional Sweepstakes entry into the applicable Weekly Entry Period drawing and
one (1) additional Sweepstakes entry into the Grand Prize drawing. Limit: Each entrant
may complete this action/obtain the applicable additional entries only one (1) time during
the Promotion Period.
e. Enter a Secret Word: Locate a Promotion secret word which may be found on the
Sponsor’s social channels, mobile app*, website or via marketing emails. Once you
locate a secret word, visit the Website and follow the links and instruction to enter the
secret word and you will earn one (1) additional Sweepstakes entry into the applicable
Weekly Entry Period drawing and one (1) additional Sweepstakes entry into the Grand
Prize drawing. Limit: Each entrant may receive up to eighteen (18) additional
Sweepstakes entries into the applicable Weekly Entry Period drawing and up to eighteen
(18) additional Sweepstakes entries into the Grand Prize drawing for this method.
*Mail-in Alternate Method of Entry (“AMOE”): To earn additional entries without having
the mobile app, hand print your name, address, day and evening phone numbers, email
address, and date of birth on a 3″ x 5″ piece of paper and mail it in an envelope with
proper postage to “CareCredit Let’s Get Digital Sweepstakes – Secret Word Bonus
Entries,” c/o Merkle Inc., P.O. Box 5011, Department 845008, Kalamazoo, MI 49003-
5011, U.S.A. You will receive one (1) additional Sweepstakes entry into the applicable
Weekly Entry Period drawing and one (1) additional Sweepstakes entry into the Grand
Prize drawing. Limit: One (1) request per envelope. All mail-in entries must be
handwritten and must be postmarked by the dates listed in Section 3 above. All entries
become the exclusive property of Sponsor and none will be acknowledged or returned.
Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible,
misdirected or postage-due entries, which will be disqualified. Limit: Each entrant may
receive up to nine (9) additional Sweepstakes entries into the applicable Weekly Entry
Period drawing and up to nine (9) additional Sweepstakes entries into the Grand Prize
drawing for this method.
Limit: With respect to subsection e, the secret word method of entry/AMOE, each entrant
is limited to up to eighteen (18) additional Sweepstakes entries into applicable Weekly
Entry Period drawings and up to eighteen (18) additional Sweepstakes entries into the
Grand Prize drawing during the Promotion Period.
f. Provide a Testimonial**: After you enter the Promotion, follow the links and instructions
to provide a written testimonial (five hundred (500) characters or less), a written
testimonial (five hundred (500) characters or less) and photo, or video testimonial (ninety
(90) seconds or less) telling us about a time your CareCredit Credit Card pulled through
for you ** (“Testimonial”). If you provide a written Testimonial, you will receive one (1)
additional Sweepstakes entry into the applicable Weekly Entry Period drawing and one
(1) additional Sweepstakes entry into the Grand Prize drawing. If you provide a written
Testimonial and photo, you will receive three (3) additional Sweepstakes entries into the
applicable Weekly Entry Period drawing and three (3) additional Sweepstakes entries into
the Grand Prize drawing. If you upload a video Testimonial, you will receive five (5)
additional Sweepstakes entries into the applicable Weekly Entry Period drawing and five
(5) additional Sweepstakes entries into the Grand Prize drawing. Limit: Each entrant may
complete this action/obtain the applicable additional entries one (1) time for providing a
written testimonial, one (1) time for providing a written testimonial and photo and one (1)
time for providing a video testimonial during the Promotion Period.
g. Social Challenge**: To participate, you will need to have a Twitter and/or Instagram
account (each a “Social Account”). Creating each Social Account is free but is subject to
the applicable terms and conditions (http://twitter.com/tos) or
(http://instagram.com/about/legal/terms/#). Posting on Instagram requires a mobile
device and therefore message and data rates may apply. If entering via a mobile
device and using your wireless carrier’s network, standard data charges from your
wireless carrier may apply. Your account settings on the Social Account you use to enter
must be set to “unprotected” and/or “public” in order for your Tweets or comments to
Sponsor’s posts to be viewable by Sponsor.
During the Promotion Period, tweet/post a photo on Twitter or Instagram based on the
applicable Weekly Entry Period Social Challenge, as outlined below:
Weekly Entry Period Social Challenge
1 Pet Exercise – Share a photo of your pet letting loose and
doing some daily exercise
2 Fitness at Home – Share a photo of your favorite fitness
routine or favorite piece of equipment while at home
3 Living your Best Life – Share a photo of you living your best
life, relaxing and pampering yourself to enjoy the beautiful day.
4 Beautiful Fall Day – Share a photo of you and your best friend
enjoying the wonderful fall weather
5 Favorite glasses – Share your favorite selfie showing off your
favorite pair of frames
6 Best Selfie – Show off your favorite selfie, and of course, smile
is required
7 Halloween Pet – Share a photo of your pet in their favorite
costume for Halloween.
You must include the hashtag #CareCreditSweepstakes to qualify. The photo and your
caption (including hashtags) will be collectively referred to as your submission
(“Submission”) **. Retweets, Instagram stories, and Instagram posts where the hashtag
is included in a comment rather than the caption of the original post will not be deemed
entries. You will automatically receive one (1) additional Sweepstakes entry into the
applicable Weekly Entry Period drawing and one (1) additional Sweepstakes entry into
the Grand Prize drawing for your qualified Submission. Limit: Each entrant may complete
this action/obtain the applicable additional entries only one (1) time per Weekly Entry
Period.
Overall Sweepstakes Entry Limit: Each entrant may receive up to fifty (50) total
Sweepstakes entries during the Promotion Period from a combination of all methods
outlined above in Section 4 (How to Enter and Additional Sweepstakes Entries).
**Testimonial and Submission Guidelines: No credit card transaction is required for your
Testimonial. Your Testimonial and/or Submission need not include any reference, positive or
negative, to Sponsor’s products or services. Your Testimonial and/or Submission must be your
original work. If you include the names or likenesses of other individuals, you must have their
permission to be included and to grant the rights set forth in Section 5, below. If requested,
entrant must be able to provide such permissions in a form acceptable to Sponsor. Your
Testimonial and/or Submission may not be indecent, obscene, hateful, tortious, defamatory,
libelous, contain material that violates or infringes another’s rights, disparage Sponsor,
Administrator, or any other person or party, or contain material that is unlawful in any way. The
Testimonial and/or Submission must not contain brand names or trademarks other than those
owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Testimonial
and/or Submission. Sponsor reserves the right to disqualify any Testimonial and/or Submission
that it finds unlawful, or in violation of these Official Rules, all in its sole discretion. Released
Parties (as defined in Section 10, below) are not responsible for lost, late, unreceived, damaged,
incomplete, invalid, un-intelligible, garbled, delayed or misdirected Testimonial and/or
Submissions or failure to receive Submissions due to limitation of third-party social network
platforms all of which will be void.
5. Sponsor’s Use of Testimonials and Submissions: Posting a Testimonial and
Tweeting/posting a Submission constitutes entrant’s consent to give Sponsor a royalty-free,
irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative
works from, and display such submissions in whole or in part, on a worldwide basis, and to
incorporate it into other works, in any form, media or technology now known or later developed,
including for promotional or marketing purposes. If requested, entrant will sign any
documentation that may be required for Sponsor or its designees to make use of the non-
exclusive rights entrant is granting to use the Testimonial and/or Submission.
6. Sweepstakes/Instant Win Game: Administrator is an independent judging organization whose
decisions as to the administration and operation of the Promotion and the selection of potential
winners are final and binding in all matters related to the Promotion. Sweepstakes: Administrator
will randomly select each potential Entry Period winner from all eligible entries received during the
applicable Entry Period on or around the dates listed in Section 3 above. Non-winning Weekly
Entry Period entries will carry over into subsequent Weekly Entry Periods. Instant Win Game:
Two hundred forty (240) random, computer-generated winning times, one for each prize listed
below, will be generated during the Promotion Period. If you are the first player to play the Instant
Win Game at or after one of the randomly generated times, you will be a potential instant winner
of the prize indicated. YOU MAY ONLY WIN ONE INSTANT WIN GAME PRIZE DURING THE
PROMOTION PERIOD.
7. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR
ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS
RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF
THE INSTANT WIN GAME OR SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND
UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER
AND/OR SWEEPSTAKES WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN
NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN
SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY
PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A
DEFECTIVE PLAY, IS VOID AND WILL NOT BE HONORED.
8. Verification of Potential Winners: Receiving a prize is contingent upon compliance with
these Official Rules. The potential Sweepstakes winners will be notified by email, phone or via the
Social Account used to enter by @CareCredit. The potential Grand Prize winner (parent/legal
guardian if winner is a minor in his/her state of residence) will be required to sign and return a
Declaration of Compliance, Liability and Publicity Release which must be received by
Administrator, within five (5) days of the date notice or attempted notice is sent, in order to claim
the prize. If a potential winner of any prize cannot be contacted or fails to sign and return the
Declaration of Compliance, Liability and Publicity Release or provide any other requested
information within the required time period (if applicable), or prize is returned as undeliverable,
potential winner forfeits the prize. In the event that a potential winner of a prize valued over $25
is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by
random drawing from among all remaining eligible entries. There will be three (3) alternate
drawings after which the prize will remain unawarded. Unclaimed Instant Win Game Prizes
valued at or less than $25 will not be awarded. Prizes will be fulfilled approximately 8-10 weeks
after the conclusion of the Promotion.
9. Prizes:
Sweepstakes Prizes: ONE (1) GRAND PRIZE: $5,000, payable in the form of a check. Grand
Prize Approximate Retail Value (“ARV”): $5,000.00. SEVEN (7) WEEKLY FIRST PRIZES (one
(1) awarded per Weekly Entry Period): $500, payable in the form of a check. ARV: $500.00. Odds
of winning a Sweepstakes Prize depend on the number of eligible entries received during the
applicable Entry Period. Limit: One (1) Sweepstakes Prize per person during the Promotion
Period.
Instant Win Game Prizes: TWENTY (20) PRIZES UP TO $100 VALUE: Winner’s choice of one
(1) prize from a list provided via the GiftNow site. ARV: up to $100. SIXTY (60) PRIZES UP TO
$50 VALUE: Winner’s choice of one (1) prize from a list provided via the GiftNow site. ARV: up to
$50. ONE HUNDRED SIXTY (160) PRIZES UP TO $25 VALUE: Winner’s choice of one (1) prize
(up to $25 value) from a list provided via the GiftNow site. ARV: up to $25. Odds of winning an
Instant Win Game prize depend on the number of Instant Win prizes available divided by the
number of eligible Instant Win Game plays. Limit: One (1) Instant Win Game prize per person
during the Promotion Period.
Each GiftNow prize winner must claim their prize within two (2) weeks of the date notice or
attempted notice is sent or prize will be forfeited.
For All Prizes: No cash equivalent and all prizes are non-transferable, and no substitution will be
made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to
substitute a prize 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. TOTAL ARV OF ALL PRIZES: $17,500.00.
10. Release: Winners and Entrants agree to release, defend, discharge, indemnify and hold
harmless each of the Sweepstakes Entities, Twitter Inc., Instagram, Inc., and their respective
subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers,
and each of their respective parent companies and each such entity’s officers, directors,
employees and agents (collectively, the “Released Parties”) from and against any and all liability,
claims, costs, or actions of any kind whatsoever for injuries, damages, or losses to persons or
property which may be sustained in connection with creation of or submitting an entry or
otherwise participating in or preparing for any aspect of the Sweepstakes, the receipt, ownership,
possession and/or use or misuse of prize awarded or any typographical or other error in these
Official Rules or the announcement or offering of the prizes or for any claims or causes of action
based on publicity rights, defamation or invasion of privacy and claims based on or from any
typographical, human or other error in the printing, offering, selection, operation or announcement
of any Sweepstakes activity and/or Prize. Sweepstakes entrants agree that Released Parties
shall have no responsibility or liability for human error; incorrect or inaccurate transcription of
registration and/or account information; any technical malfunctions of the telephone network,
computer online system, computer dating mechanism, computer equipment, software, or Internet
service provider utilized by Sponsor; interruption or inability to access the Website, or Sponsor or
affiliated entities’ respective websites, or any online service via the Internet due to hardware or
software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or
its contents related to or resulting from any part of a Sweepstakes; any lost/delayed data
transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or
malfunctions, even if caused by the negligence of the Sponsor. Released Parties are not
responsible for any late, lost, incomplete, illegible, stolen, undelivered, misdirected or postage-
due entries or applications, or for any computer, technical, printing, typographical, human or other
error, including, without limitation, errors by any of the equipment or programming associated with
or utilized in the Sweepstakes or which may occur in the printing, the offering or announcing of
prizes, administration of the Sweepstakes or the processing of entries of any kind relating to or in
connection with this Sweepstakes.
Each sweepstakes entrant further agrees to indemnify and hold harmless Released Parties from
and against any and all liability resulting or arising from any Sweepstakes and to release all rights
to bring any claim, action or proceeding against Released Parties and hereby acknowledge that
Sponsor has 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 supplier of such prize that may be sent along with a
prize. Sponsor is not responsible for the actions of entrants in connection with any Sweepstakes,
including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the
administration, security, fairness, integrity or proper conduct of a Sweepstakes. 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 Promotion; (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 Promotion; (4) technical or human error
which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Promotion or receipt or use or misuse of any prize. If for
any reason an entrant’s entry or play is confirmed to have been erroneously deleted, lost, or
otherwise destroyed or corrupted, entrant’s sole remedy is another Sweepstakes entry or Instant
Win Game play, if 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
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.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of
California (“Section 1542”) and any similar law of any state or territory of the United States that
may be applicable with respect to the foregoing release are hereby expressly and forever waived.
Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE
AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are
intended to apply to all claims not known or suspected to exist with the intent of waiving the effect
of laws requiring the intent to release future unknown claims.
11. Publicity: Except where prohibited, participation in the Promotion constitutes winner’s
consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions
and/or hometown and state for promotional purposes in any media, worldwide, without further
payment or consideration.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the
Promotion, 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 or Instant Win Game, as determined by
Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at
random from among the eligible entries or plays received up to the time of the impairment.
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 Instant Win Game 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 OR THE INSTANT WIN GAME 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 AND TO DISQUALIFY SUCH ENTRANT
FROM THE SWEEPSTAKES. IN ADDITION, SPONSOR RESERVES THE RIGHT TO
PERMANENTLY DISQUALIFY ANY PERSON IT BELIEVES HAS INTENTIONALLY
VIOLATED THESE OFFICIAL RULES. Sponsor’s failure to enforce any term of these Official
Rules shall not constitute a waiver of that provision.
Each winner acknowledges that no other party nor any agent or attorney of any other party has
made any promise, representation or warranty whatsoever, express or implied, not contained
herein concerning the subject matter hereof, to induce the winner to execute any document and
winners acknowledge that they have not executed any document in reliance on any such
promise, representation or warranty not contained herein. Any waiver by the Sponsor and its
affiliates of any term of any document in a particular instance shall not be a waiver of such term
for the future. Each winner agrees that the invalidity or enforceability of any part of any document
shall in no way affect the validity or enforceability of any of the remainder of that document.
13. Limitation of Liability/Governing Law: EXCEPT WHERE PROHIBITED, ENTRANT
AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL
CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET
COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTION,
BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2)
UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR,
AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY 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. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
EACH ENTRANT HEREBY WAIVES THEIR RIGHT TO CONTEST JURISDICTION FOR ANY
SUCH DISPUTE OR CLAIM. 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 Promotion, shall be governed by, and construed in
accordance with, the laws of the State of New York, without giving effect to any choice of law or
conflict of law rules (whether of the State of New York or any other jurisdiction), which would
cause the application of the laws of any jurisdiction other than the State of New York.
14. Dispute Resolution and No Class Relief: Any claim, cause of action or proceeding arising
out of or relating to any Sweepstakes shall be resolved by mandatory, binding arbitration in
accordance with the Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes.
The Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The
arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an
action in court to confirm and to enforce the arbitration award. Entrants irrevocably waive any
rights to seek and/or obtain injunctive or other equitable relief. Should either party pursue any
other judicial or administrative action with respect to any matter included within the scope of this
binding arbitration provision, the responding party will be entitled to recover its costs, expenses
and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims
and causes of action arising out of or connected with a Sweepstakes, or any Prize
awarded, will be resolved individually, without resort to any form of class action. If a court
determines that a public injunctive relief claim may proceed notwithstanding the “No Class
Actions” provision, and that determination is not reversed on appeal, then the public injunctive
relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will
ask the court to stay the public injunctive relief claim until the other claims have been finally
concluded.
15. Entrant’s Personal Information: Information collected from entrants is subject to the
Sponsor’s Privacy Policy https://www.synchrony.com/privacy-policy.html.
16. Winner List: For a winner list, visit https://bit.ly/37potHw. The winner list will be posted after
winner confirmation is complete.
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