NO PURCHASE OR PAID TRANSACTION NECESSARY TO PARTICIPATE IN THIS PROMOTION.
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 for Rain Website and Mobile App that can be found at https://www.rainapp.com/terms/tos. Participation by each entrant is conditioned upon acceptance of the Terms of Service for Rain Website and Mobile App and these terms and conditions.
Offer subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
Promotion Period: This promotion begins on Monday, August 7, 2023 at 12:01 a.m. Central time, and ends on Thursday, September 7, 2023, at 11:59 p.m. Central time (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the promotion.
How to Enter: During the Promotion Period, you may obtain an “Instant Transfer” at no charge by establishing a new Rain account. To establish a Rain account, you need to download the Rain app, complete the signup process, and link your debit card or bank account. So long as you complete the signup process by the last date of the Promotion Period, you will receive a rebate on the fee that otherwise would apply for one (1) “Instant Transfer” when you use your Rain account. Users who opened an account prior to the start of the Promotion Period will not be eligible to participate. Users may not create multiple Rain accounts.
IMPORTANT: Rain Technologies Inc. (the “Sponsor”) is solely responsible for offering this promotion.
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 promotion) or for any technical or human error that may delay or prevent an entrant’s ability to participate in the promotion. Sponsor reserves the right, in its sole discretion, to cancel or suspend this promotion.
Prize: The prize is one (1) rebate for the fee that otherwise would apply to an instant transfer using the Rain app (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. 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.
All issues and questions concerning the construction, validity, interpretation and enforceability of these rules or the rights and obligations of participants or Sponsor in connection with the promotion 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 PROMOTION, 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 PROMOTION, 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 PROMOTION 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.