Start Date: October 1, 2023 End Date: October 31, 2023
NO PURCHASE OR PAID TRANSACTION NECESSARY TO ENTER OR WIN. A PURCHASE OR PAID TRANSACTION WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING IN THE SWEEPSTAKES WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PUBLICITY RELEASE MAY BE REQUIRED. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION WITH NO CLASS RELIEF. THIS PROMOTION MAY BE CANCELED OR POSTPONED BY SPONSOR, AT ANY TIME IN ITS SOLE DISCRETION, DUE TO THE ONGOING PANDEMIC (E.G., CORONAVIRUS/COVID-19).
BY ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT REQUIRES YOU TO INDEMNIFY AND RELEASE ALL CLAIMS AGAINST THE SWEEPSTAKES ENTITIES AND TO AGREE TO ARBITRATION WITH NO CLASS RELIEF AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Eligibility: This promotion is open to legal residents of the fifty United States and the District of Columbia, who are eighteen years of age or older, or if less than eighteen years of age, represent that they have parental consent for participation, as set forth in the Terms of Service of Netspend Earned Wage Access that can be found at (www.rainapp.com/netspend/sweepstakes-terms) Participation by all entrants is conditioned upon acceptance of the Netspend Earned Wage Access Terms of Service and these terms and conditions (the “Official Rules”). Employees, directors and officers of Sponsor, and each of their respective parents, subsidiaries and affiliated companies, and Sponsor's advertising and sweepstakes agencies and each of their respective officers and directors (collectively, with Sponsor, the "Sweepstakes Entities"), and each of their immediate family members and/or those living in the same household of each (whether legally related or not), are ineligible to participate in the Sweepstakes. For purposes of this Sweepstakes, "immediate family members" are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren.
Offer subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
Sponsor: The sweepstakes is sponsored by Netspend Holdings, 10900 Stonelake Blvd, Bldg 1, Ste 200., Austin, TX 78759 (“Sponsor”).
Administrator: Rain, 209 10th Ave S, Ste 160 Nashville, TN 37203-0702
Agreement to Official Rules: By participating in this sweepstakes (the “Sweepstakes”), each entrant agrees to abide by the terms and conditions thereof as established by Sponsor and by the decisions of Sponsor or its designees, which are final and binding on all matters pertaining to this Sweepstakes. Under these Official Rules, each entrant is referred to as “You.” Each qualifying entry (an “Entry”) is defined in these terms and conditions. Sponsor reserves the right to qualify all Entries and to reject any Entries that do not meet the requirements for participation as established by Sponsor. In other sweepstakes promotions, Sponsor reserves the right to change the nature or scope of the qualifying entries such that, from time to time, each form of a qualifying entry may vary.
Sweepstakes Period: The Sweepstakes begins on Sunday, October 1, 2023, at 12:01 a.m. Central time, and ends on Tuesday, October 31, 2023, at 11:59 p.m. Central time (the “Sweepstakes Period”). Entries received before or after the Sweepstakes Period are void. Sponsor’s computer is the official time-keeping device for the Sweepstakes.
How to Enter: During the Sweepstakes Period, you may enter by one of the following methods of making an Entry:
(1) Transaction Method: Use your current Netspend Earned Wage Access account (or create your Netspend Earned Wage Access account, by downloading the Netspend Earned Wage Access app and logging into your Netspend Earned Wage Access account) and conduct one (1) transfer transaction.
So long as you complete either the Transaction Method (as described in clause (1) in each case by the last date of the Sweepstakes Period, you will receive one (1) Entry for participating in the Sweepstakes.
IMPORTANT: Netspend Holdings is solely responsible for offering the Sweepstakes.
Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature (whether caused by Sponsor, the users, or by any of the equipment or programming associated with or utilized in this Sweepstakes) or for any technical or human error that may delay or prevent an entrant’s ability to participate in the
Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes and award the prizes from the Entries submitted up to the time of termination or suspension should causes beyond Sponsor’s control, including unauthorized human intervention, which, in the sole opinion of Sponsor, corrupt, compromise or materially affect the administration, fairness, security or proper play of the Sweepstakes or proper submission of Entries. Sponsor is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in this Sweepstakes.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO
DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND
CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Selection of the Winner: One (1) winner will be selected by a random drawing within three (3) business days after the last date of the Sweepstakes Period (the “Winner”). Odds of winning depend upon the number of eligible entries received.
Notification of the Winner: The Winner will be notified by email or phone call within seven (7) days of the selection date. If a Winner does not acknowledge acceptance of the Prize within 10 business days after being notified that he or
Requirements of the Winner: Sponsor may require the Winner to sign and return an affidavit of eligibility and liability and publicity release, wherever lawful, as a precondition to award of a prize. If any Winner fails to sign and return the requested documents to Sponsor within two (2) business days, that Winner may be disqualified, and the prize will thereafter be awarded to an alternate Winner from the remaining entrants using the procedure specified above.
Prize: The prize is one (1) $500 Amazon.com Gift Card (the “Prize”).
The Prize is non-transferable and non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Sponsor reserves the right to substitute a particular Prize with another of comparable or greater value than that Prize. Sponsor will not replace any lost, mutilated, or stolen Prizes. Standard terms and conditions apply. Prizes are not redeemable for cash.
PRIZES ARE AWARDED AS IS AND WITHOUT CONDITION, WARRANTY,
GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED
(INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) BEYOND THE CUSTOMARY REPRESENTATIONS PROVIDED WHEN THE PRIZE IS SOLD AT RETAIL.
Please note that the Amazon Gift Card may be redeemed only toward the purchase of eligible goods and services provided by Amazon.com Services LLC (and its affiliates) in the United States of America, and is subject to Amazon’s Amazon.com Gift Card Terms and Conditions.
Taxes: Winner is responsible for any and all applicable local, state, and/or federal taxes and fees. Sponsor will issue a Form 1099 to any Winner receiving a prize with a total retail value of $600 or more.
Release and Publicity:
Winner, as a condition of receiving a prize, irrevocably grants the Sponsor and each of its designees, licensees, successors, assigns and sub-licensees the right and permission to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising, promotional and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, unless prohibited by law.
Participants agree that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released, discharged and held harmless from, any and all claims, liability, costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, arising out of or related, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from a participant’s acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to a participant’s or any other person’s computer system or wireless phone which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Each participant further agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. Sponsor is not responsible for the actions of participants in connection with the Sweepstakes, including participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Participants 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. Participants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist. The intent of the releases hereunder is to waive the effect of any laws which require an intent to release future unknown claims.
TAMPERING WITH SWEEPSTAKES: The Sweepstakes Entities are not responsible for violations of the Official Rules that impact any individual’s privacy rights in connection with the Sweepstakes, including participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No illegible, incomplete, forged, or automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein.
SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winners of any remaining prizes in a random drawing from all eligible, non-suspect registered participants as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each participant’s sole and exclusive remedy under such circumstances.
All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of participants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the state of Texas without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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.
DISPUTE RESOLUTION, WITH NO CLASS RELIEF:
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION, ON AN INDIVIDUAL BASIS, WITH NO CLASS RELIEF; PROVIDED, HOWEVER, THAT THE SPONSOR SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS IN TRAVIS COUNTY, TEXAS, AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES SHALL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES PROCEDURES OF JAMS INC. (“JAMS”) OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A “DEMAND FOR ARBITRATION”, THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR ANY OTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN AUSTIN, TEXAS; PROVIDED, HOWEVER, IF AUSTIN, TEXAS IS NOT CONVENIENT FOR THE HEARING, THE PARTIES MAY MUTUALLY AGREE ON AN ALTERNATIVE LOCATION. THE FEDERAL OR STATE LAW THAT APPLIES TO THESE OFFICIAL RULES WILL ALSO APPLY DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOESN’T APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN TRAVIS COUNTY, TEXAS. SPONSOR AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR’S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF PARTICIPANT TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT.
Sweepstakes Results and Official Rules: To obtain the identity of the Winner and/or a copy of these Official Rules, send an email to (EWAsupport@netspend.com). All requests must be received by December 1, 2023.