QUADPAY PROMOTION OFFICIAL RULES
PROMOTION NAME: QuadFest Merchant Partner Sweepstakes
PROMOTER: Quadpay, Inc.
Merchants, excluding merchants in Rhode Island.
START DATE: 12AM on 3/18/2021 (Eastern Daylight Time).
END DATE: 11:59PM on 4/5/2021(Eastern Daylight Time).
DRAW DATE: 4/6/2021 at 12PM (Eastern Daylight Time).
PUBLISH DATE: 4/6/2021 at 5PM (Eastern Daylight Time).
PRIZE AND APPROX. RETAIL VALUE (“ARV”):
One (1) Prize will be awarded in this Promotion.
Prize will consist of five (5) thousand dollars (USD $5,000) worth of co-marketing spend to be implemented in the lead-up-to and during the QuadFest sale.
Total Prize approximate retail value is USD $5,000.
RULES OF ENTRY:
By taking part in this Promotion, the Promotion Entrant acknowledges that he/she has read and consents to the Rules of Entry set out below
228 Park Avenue South, PMB 59872, New York, NY 10003-1502
RULES OF ENTRY
- NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
- Information on eligibility, mechanics of how to enter and prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Rules of Entry by each Entrant.
- ELIGIBILITY: Entry is open to merchants (“Entrants”). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies who are directly associated with the conduct of this promotion are ineligible to enter the promotion. Entrants aged under the legal age of majority in their state/province and country must obtain the consent of their parent or legal guardian to enter the promotion and provide Personal Information about themselves. If there is a physical draw or event requiring the attendance of the Entrant, the Entrant must be able to participate in the event in the manner required. All entries of Entrants who are under the legal age of majority and enter the promotion without disclosing (or by attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Rules of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants under the legal age of majority). If the winner is aged under the legal age of majority in his or her state/province and country of residence, the prize will, at the sole discretion of the Promoter, be awarded to the parent or legal guardian who consented to the winner entering the promotion on behalf of the winner and that parent or legal guardian must comply with any prize acceptance requirements and, if applicable, accompany the potential winner for the duration of the prize.
- PROMOTIONAL PERIOD: Promotion starts and closes at the Start and End Dates and times listed in the Promotion Overview above (“Promotional Period”).
- One entry accepted per merchant during the course of the promotion, however each entry must be submitted separately and must independently comply with these Rules of Entry. All entries have an equal chance of winning. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid. The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b) for submitting an entry which is not in accordance with these Rules of Entry; or (c) if the Entrant is engaged in any unlawful or other improper conduct calculated to jeopardize the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries. Entries must be received by the Promoter during the promotional period for an advertised promotion.
- Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize and any information submitted by the Entrant in entering the promotion, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or entry has not been verified or validated to the Promoter’s satisfaction then all the entries of that Entrant will be ineligible and deemed invalid.
- LEGAL WARNING: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Website, or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Rules of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
- PRIZE DRAW: This is a game of chance. The Start, End and Draw date and time will be as above or as advertised on the Promotional Website. The draws for each promotion will take place at the Quadpay office listed in the Promotional Detail within 7 days of the End Date and conducted under independent supervision, or by a computer process that produces verifiably random results. The winner/s of the draw will be notified in writing within three (3) days of the relevant draw. The first eligible entry randomly drawn from all entries received during the Promotional Period will win the prize. Where more than one prize is available, up to the amount of eligible entries (as advertised for a relevant promotion) will be drawn from all entries received in each advertised promotion, and each will win one (1) prize. Prize will be awarded in the name of the winner/s. The Promoter’s decision is final, and no correspondence will be entered into on the subject. The winner/s of each draw will have their names and localities published on Quadpay websites/social media accounts within seven (7) days of the relevant draw and will remain on that website for a minimum of twenty-eight (28) days. Where required by law, prize winners shall also be published in a relevant local newspaper within 7 days of the relevant draw. All reasonable steps to notify winners will be taken by the Promoter.
- The Promoter may draw additional reserve entries in the draw and record them (in order) in case an invalid entry or ineligible Entrant is drawn, the Entrant is ineligible to accept or declines to participate in the prize. Each Entrant whose entry is drawn by the Promoter must confirm their eligibility to be awarded the prize, and their ability to accept and participate in the prize within seven (7) business days of being successfully notified by the Promoter that their entry has been drawn, otherwise their entry will be deemed invalid. In order to be declared a winner and being awarded the prize, any Canadian resident must correctly answer a time limited mathematical skill-testing question without assistance of any kind (i.e.: 2 X 10 ÷ 4 + 30 – 2). A prize will only be awarded following any winner validation, receipt of promotional photography of the winner (if applicable) and verification that the Promoter requires in its sole discretion. If a trip is included as part of a prize, the Prize winner may also be required to provide photography taken during the trip. In the event of an invalid entry, or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to participate in the prize, the prize will be awarded to the first reserve entry drawn. If the prize cannot be awarded to the Entrant drawn, the Promoter will continue this process until the prize is awarded or for three alternative Entrants, depending on the particular prize redemption dates, if any. If after this process the prize has still not been awarded, or if an Entrant drawn cannot be notified, the prize may remain unawarded.
- For Entrants from the USA, Prize winner and the parent/legal guardian (if any) will be confirmed via email and/or phone, and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 Form if required and where allowable, a Publicity Release (collectively, “the Releases“) (except where prohibited). The Releases will require the winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected. If a winner is otherwise eligible under these Rules of Entry, but is nevertheless deemed a minor in his or her state/province of primary residence, the prize will be awarded in the name of winner’s parent or legal guardian who will be required to execute, sign, and return the Releases on minor’s behalf. The prize package will be awarded within approximately 45 days after the winner is verified.
- PRIZE CONDITIONS: The PRIZE/APPROXIMATE RETAIL VALUE (“ARV”) is defined in Promotion Overview above. All expenses not specifically mentioned herein are not included as part of any prize package and are solely the Prize winner’s responsibility. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). Prizes must be taken as offered and cannot be varied. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Canadian residents may be subject to withholding taxes, and Canadian residents are responsible for the reporting and payment of any income tax. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value and any difference between the ARV and the actual prize value will not be awarded. All prize values are recommended retail price including any applicable taxes. Any vouchers, tickets, coupons, products, services and subscriptions offered as part of a prize (if any) are subject to prevailing terms and conditions of use including expiration dates and are not replaceable if lost, stolen or damaged.
- It is the sole responsibility of the Entrant to ensure that they can meet the requirements to use the prize. Requirements such as passports and visas may be required for some prizes. Taking the prize is subject to any prevailing terms and conditions of any provider, and in particular, health, behavior, age and safety requirements. For travel prizes, no compensation will be payable if the winner, or any travel companion, are unable to use any element of the prize as stated for whatever reason, including refusal of entry or departure into or out of destination or participation in certain activities for health, age, behavior or safety reasons. Any part of a prize that is not taken for any reason is forfeited.
- All additional costs not expressly stated, but which may be incurred in acceptance and use of the prize, are the responsibility of the winner and companion/s (if any). Such additional costs include, but are not limited to, meals, beverages, room service, telephone calls, laundry services, spending money, transport to and from airport departure point, other transfers, taxes including arrival and departure taxes (if applicable) but excluding airfare related taxes and charges included in the prize, insurance, travel insurance, passports and visas (if applicable). For some prizes the winner may be required to present a credit card at time of accommodation check-in.
- Where travel is awarded as a prize, the components of the prize must be taken together and when offered or are forfeited. Where travel is awarded as a prize for two people, the prize winner and parent/legal guardian (as applicable) must travel together and depart from and return to the same departure point. Travel and accommodation are subject to availability and may be dependent on travel class availability and specific room category availability and blackout periods may apply. Travel and accommodation are to be arranged by the Promoter or an agent nominated by the Promoter. Furthermore, where travel is awarded as a prize, the Promoter and its associated agencies and companies exclude all liability (including negligence) for the service provided by any suppliers of third-party services who are not an employee or the Promoter’s direct contractor. The Promoter will not be responsible for the quality of service provided by suppliers of third-party services. In case of a dispute, the winner/s must make complain directly to the suppliers of third-party services. This includes but is not limited to travel and accommodation services.
- The winner and their companion(s) (if any) acknowledge that the prize may involve a dangerous activity, which may result in injury or death, and participate at their own risk. The winner and their companion(s) (if any): (a) must attend, undergo and pass any appropriate training, briefings, safety demonstrations, required medical tests and other requirements (including blood alcohol testing) of the Promoter and/or any prize supplier as determined by them in their absolute discretion; (b) must declare to the Promoter and/or any prize supplier any health-related issues that may affect his/her safe participation in any part of the prize and obtain a written clearance from their doctor in this respect; (c) must not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in any part of the prize; (d) must not be under the influence of any drugs; (e) may consume alcohol in moderation but must not be under the influence of alcohol during any activities to the extent that it impairs or affects their understanding, judgment or participation in the activities, and subject to any limitations of any prize supplier and the prevailing laws and regulations of destination in the prize; (f) must comply with all directions of the Promoter and/or any prize supplier and relevant officials; and (g) must wear all safety and other equipment required. The Promoter and/or any prize supplier in their absolute discretion: (a) reserve the right to refuse to allow the winner or their companion(s) (if any) to take part in any or all aspects of the prize if they reasonably believe the winner or their companion(s) (if any) poses a safety risk or for any other reason; and (b) may cancel the relevant component of the prize if the conditions are deemed dangerous. No compensation will be payable if the winner or their companion(s) (if any) are unable to use any element of the prize as stated for whatever reason, including refusal of participation in certain activities for health, age, behavior or safety reasons.
- Where a motor vehicle is awarded as a prize, to be eligible to claim the prize, the winner must be capable of obtaining motor vehicle registration of the motor vehicle prize in his or her name in accordance with the applicable State or Territory legislation in which the prize is collected. If the winner is, through any legal incapacity or otherwise, unable to register the prize in their own name, then such winner may assign the prize to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee.
- Where the prize includes attendance at a show or event, if the show or event is abandoned, called off or postponed for any reason, the winner/s forfeits all rights to attend the show or event and no cash or alternative tickets will be substituted in lieu. Winners of event-based prizes will have 24 hours of being notified that they are a winner to claim their prize. If, after making all reasonable attempts, the Promoter cannot contact the drawn winner within 24 hours of the draw or the winner does not claim the prize within 24 hours of being notified that they are a winner, the Promoter reserves the right to discard that entry and to draw another winner in order to distribute the event based prize.
- Where cash is awarded as a prize, prizes may be awarded in the form of Quadpay account credit, bank check, Paypal (fees may apply and are the responsibility of the winner) or electronic funds transfer to the winner’s nominated bank account.
- ODDS OF WINNING: Odds of winning are not fixed and will depend upon the total number of eligible entries received.
- UNAVAILABLE PRIZE: If a prize or element of a prize becomes unavailable for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable legislation.
- ACCESS TO THE PROMOTION: Any costs associated with accessing a promotional platform remain the responsibility of each Entrant and may vary depending on the Internet service provider or telecommunications provider that the Entrant uses. The Promoter and its associated agencies, partners and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to the Entrant’s or any other person’s mobile handset, computer or peripherals related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.
- NOTICE TO ONLINE ENTRANTS: In the event of a dispute over the identity of an online Entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Promoter may ask any Entrant or potential winner to provide Promoter with proof that such party is the authorized account holder of the email address associated with the entry. All reasonable steps to notify the winner will be taken by the Promoter. The Promoter’s decision is final, and no correspondence will be entered into on the subject.
- FORCE MAJEURE: If this promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion subject to any written directions made under applicable legislation, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as the original prize.
- PUBLICITY: As a condition of entering this promotion, an Entrant consents to, in the event they are the winner, the Promoter using the Entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, review, remuneration or compensation, permission or approval, for the purpose of promoting, publicizing or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are the winner, the Entrant will participate in all reasonable promoted activities in relation to the Promotion as requested by the Promoter and its agents.
- LIMITATION OF LIABILITY: The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under applicable consumer laws), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion including the prize draw, the Prize and any activities which comprise the Prize. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorized access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); (iv) acceptance and/or use of any prize; (v) any fraud, misrepresentation or concealment by any person or persons in connection with this Promotion (vi) the procurement of any applicable insurance or in the making of a claim under applicable insurance; and/or (vii) any erroneous printing or duplication (if applicable). Applicable manufacturers and/or distributors should be contacted regarding all prize warranty claims.
- The promotional platform may contain links to other websites (Linked Sites), including Promotional Partner and Paid Sponsor websites. The Promoter and the publisher of the website on which this promotion appears are not responsible for the content of any Linked Sites, whether or not the Promoter is affiliated with the Linked Sites. The Promoter does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect Personal Information or postings from Entrants, the Promoter shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for Entrants’ convenience only and Entrants agree to access them at their own risk.
- Social media membership, pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. The promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including but not limited to Instagram, Facebook, Twitter, Pinterest, Snapchat or other (“Social Media Site”). If an Entrant uses social media to participate in the promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Any question, concerns or inquiries must be directed to the Promoter. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users.
- By participating in this promotion, the Entrant will release the applicable Social Media Site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associated with this promotion.
- FREE MODE OF ENTRY: For the avoidance of doubt, this sweepstakes is able to be entered by visiting any applicable promotion page and completing and submitting the form by the applicable End Date, without charge.
- WINNER CONFIRMATION REQUEST: For a written confirmation of the winner, see the applicable promotion page or send an email within 60 days of the End Date to [[email protected]] stating in the subject line “Winners request” and the name of the promotion.
- PROMOTER: Quadpay Pte Ltd. Promoter’s address is 228 Park Avenue South, PMB 59872, New York, NY 10003-1502