NO PURCHASE OR PAID TRANSACTION NECESSARY TO ENTER OR WIN. A PURCHASE OR PAID TRANSACTION WILL NOT INCREASE YOUR CHANCES OF WINNING.
Eligibility: This promotion is open to a legal resident of any State of the United States or the District of Columbia, who is 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 (“Rain TOS”) of Rain Technologies Inc. (“Rain” or “Sponsor”) that can be found at https://rain.us/terms/. Participation by an entrant is conditioned upon acceptance of both the Rain TOS and these terms and conditions (the “Official Rules”). An individual who has won any prize given away by Sponsor in any sweepstakes or similar contest within the last twelve (12) months is not eligible to win. An employee of Rain and their respective family members is not eligible to participate. Offer subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
Sponsor: This promotion is sponsored by Rain Technologies Inc., 209 10th Ave S, Suite 160 Nashville, TN 37203-0702 (“Sponsor”).
Agreement to Official Rules: By participating in this Sweepstakes (the “Sweepstakes”), each entrant agrees to abide by the terms and conditions thereof (the “Official Rules”) 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.” Sponsor reserves the right to qualify all Entries and to reject any Entry (as that term is defined herein) that does not meet the requirements, as established by Sponsor, for participating in the Sweepstakes. 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 Tuesday, May 23, 2023, at 12:01am PT and ends on Tuesday, June 6, 2023 at 11:59pm PT (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 (i)(A) create your Rain account (by downloading the Rain app and establishing an account with Rain) or (B) use your existing Rain account to login, and (ii) complete three (3) Transactions on the Rain app. Completing both of those steps allows you to have one (1) Entry for the Sweepstakes (the “Entry”). Completing one (1) Transaction on the Rain app means completing one earned wage payment (“Transaction”), and none of those Transactions needs to be subject to a transaction fee.
All Entries must be completed before the end of the Sweepstakes Period to be eligible to win a Prize. Anyone found to use multiple accounts to enter will be ineligible, and Sponsor will reject their attempted entries. Normal internet access and device usage charges imposed by your service may apply. Sponsor reserves the right to disqualify any non-conforming entries.
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 promotion and award the prize(s) 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(s): Winners will be selected within 3 days of the closing of the Sweepstakes Period (the “Winners”). Your odds of winning will depend upon the number of eligible Entries in relation to the number of Prizes awarded.
Notification of the Winner(s): Each Winner will be notified by email or phone call within 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 she is a Winner, another Winner will be chosen using the same procedure specified above.
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: Each prize to be awarded to a Winner (the “Prize”) is one (1) product from Apple Inc.: (i) Airpods (estimated value of $129.00); (ii) Apple Watch (estimated value of $249.00); or (iii) iPad (estimated value of $449.00). Sponsor reserves the right to (A) award two or more Prizes that are the same type of product or (B) substitute one or more other types of products sold by Apple Inc. or by another seller, provided that in each case the estimated value of each Prize awarded to a Winner is not less than $129.00. Apple Inc. does endorse or promote, in any respect, this Sweepstakes; selection of a product sold by Apple Inc. or any other seller is solely due to the discretion of Sponsor.
Prizes are 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 for one of comparable or greater value. 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.
Taxes: Each 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: You are participating in the Sweepstakes voluntarily. You assume all such risks and all related damages and losses, whether caused in whole or in part by any act or omission of Sponsor, or its affiliates, or any of their officers, directors, employees, agents, partners and licensors (“Sponsor Parties”), even where such acts or omissions are negligent. You voluntarily release, waive, discharge and hold harmless the Sponsor Parties from any and all claims, demands or causes of action for property damage, bodily injury, wrongful death, loss of services or other claims arising from or relating to your participation in the Sweepstakes or acceptance, possession and use of any Prize.
BY RECEIPT OF ANY PRIZE OR BY SIGNING AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE, IF REQUESTED, THE WINNER CONSENTS TO THE USE OF THEIR NAME AND ADDRESS BY SPONSOR FOR ADVERTISING AND PROMOTIONAL PURPOSES, WITHOUT ANY ADDITIONAL COMPENSATION, EXCEPT WHERE PROHIBITED.
Limitations on Liability: IN NO EVENT SHALL THE SPONSOR PARTIES BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SWEEPSTAKES, ANY PRIZE AWARDED OR TO BE AWARDED IN THE SWEEPSTAKES, UNDER THESE OFFICIAL RULES, IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SWEEPSTAKES OR YOUR USE OF ANY PRIZE AWARDED IN THE SWEEPSTAKES, INCLUDING FOR THEIR NEGLIGENCE, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL, OR BUSINESS, EVEN IF THE SPONSOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE SPONSOR PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SWEEPSTAKES, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM SPONSOR’S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING BUT NOT LIMITED TO TYPOGRAPHICAL OR OTHER ERRORS IN THE PRINTING OF ANY OFFER OR ADMINISTRATION OF THESE OFFICIAL RULES OR IN THE ANNOUNCEMENT OF ANY PRIZES OR WINNERS (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE SWEEPSTAKES OR THE ACCEPTANCE, USE OR PARTICIPATION IN ANY PRIZE, (4) UNAUTHORIZED ACCESS TO OR USE OF SPONSOR’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF ANY TRANSMISSION IN CONNECTION WITH THE SWEEPSTAKES; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SWEEPSTAKES; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SWEEPSTAKES BY ANY THIRD PARTY, (8) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR INTERACTIONS WITH ANY ADVERTISERS, PRIZE DONORS, EVENT ORGANIZERS, OR SPONSORS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE SWEEPSTAKES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SPONSOR PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE SPONSOR PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE OFFICIAL RULES, INCLUDING THE OBLIGATION TO AVOID SHARING YOUR EMAIL ACCOUNT INFORMATION WITH ANY OTHER PERSON.
THE SPONSOR PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE OFFICIAL RULES OR IN RELATION TO THE SWEEPSTAKES, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, OR NEGLIGENCE, WILL BE LIMITED TO $50.00 USD.
BY PARTICIPATING IN THE SWEEPSTAKES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND, IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any claim relating to the Sweepstakes must be bought within one (1) year from the date the cause of action arose. Claims brought after the applicable one-year period are VOID.
Governing Law: These Official Rules shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Delaware, without regard to conflict of laws principles.
DISPUTES: IF ANY DISPUTE ARISES BETWEEN SPONSOR AND YOU ARISING OUT OF OR RELATING IN ANY WAY TO THESE OFFICIAL RULES, YOUR PARTICIPATION IN THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE OFFICIAL RULES, OR ANY PRIZES TO BE AWARDED OR ACTUALLY AWARDED IN CONNECTION WITH THE SWEEPSTAKES, WE BOTH AGREE THAT THE DISPUTE WILL BE SETTLED ONLY THROUGH ARBITRATION. This means that neither Sponsor nor you will sue in court before a judge or jury, individually or as a class member. Instead, one neutral arbitrator will decide the dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between Sponsor and you.
The arbitration will be administered by American Arbitration Association (“AAA”), in accordance with its Consumer Arbitration Rules. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. The parties will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. Arbitration will take place in either Wilmington, Delaware or, at your election, in the county where you are located. Each of us will pay our own attorneys’ fees and expenses and one-half of the arbitrator’s fees and expenses.
You may reject any change we make to this arbitration section and class action waiver by sending Sponsor notice within 30 days of the change. You may also opt out of this Arbitration Clause and Class Action Waiver by sending Sponsor a written notice stating within 30 days following any transaction with us and retaining a copy of that opt out notice as well as proof of mailing of Your opt-out notice within the prescribed period. Either notice must be sent to: Rain Technologies Inc., 209 10th Ave S Suite 160 Nashville TN 37203-0702. If you do not provide notice and retain a copy for your records, this Arbitration Clause and Class Action Waiver will apply.
SPONSOR AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, ONLY WILL BE CONDUCTED INDIVIDUALLY. Neither of us will seek to have any dispute heard as a class action, a class-wide arbitration, a private attorney-general action, or any other proceeding in which either of us acts or proposes to act as a representative for others. Sponsor and You also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of Sponsor, you, and every other party to that arbitration or proceeding.
Severability: If any provision of these Official Rules is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Official Rules.
Conflicts: If any provision of these Official Rules is found to be in conflict with the Rain TOS, the provisions in the Rain TOS control.
Sweepstakes Results and Official Rules: To obtain the identity of the Winner and/or a copy of these Official Rules, send an email to firstname.lastname@example.org