Last modified Sept 21, 2022
**Changes from https://www.rainapp.com/us/sweepstake/july-2022-sweepstakes-official-rules indicated in red.**
Rain Technologies August 2022 Employer Success Sweepstakes Official Rules
Last modified August 22, 2022
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 legal residents of the fifty United States and the District of Columbia, who are eighteen years of age or older, as set forth in the Terms of Service of Rain Technologies Inc. (“Rain” or “we”), which can be found at https://www.rainapp.com/us/terms. Participation by all entrants is conditioned upon acceptance of the Rain Terms of Service and these terms and conditions (the “Official Rules”). The individual who is eligible for participating or who submits a valid Entry is referred to as an “entrant” or as “you.”
Offer subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
Sponsor: The sweepstakes is sponsored by Rain Technologies Inc., located at 209 10th Ave S Ste 560 Nashville, TN 37203-7120 (“Sponsor”).
How to Enter: During the Sweepstakes Period, you may enter the Sweepstakes by completing the Employer Success Survey we send to you (an “Entry”). You will receive one Entry for completing the survey during the Sweepstakes Period. Even if you submit more than one survey, you are eligible for only one (1) Entry. Your survey response must be completed and submitted to us before the end of the Sweepstakes Period to be eligible to win the prize. Normal Internet access and device usage charges imposed by your service may apply. Sponsor reserves the right to disqualify any non-conforming Entry.
DEADLINE: The Sweepstakes Period is the number of days that begins on the “Start Date” and concludes on the “End Date.” All Entries must be submitted no later than midnight (Eastern Time) on the End Date. For this Sweepstakes, the Start Date is August 23, 2022, and the End Date is September 12, 2022.
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.
Your Warranties: You represent and warrant that, as of the date you submit a completed Entry: (i) your employer was or is an employer-customer of Rain; (ii) you are, or within the 30-day period preceding the date of submission of the Entry you were, employed by the employer that is identified in the Entry; and (iii) the employer authorizes you to participate in the Sweepstakes by submitting the Entry. You acknowledge and agree that the information provided in the Entry is accurate and does not misrepresent any view(s) that may be expressed by your employer. Failure to adhere to any of the warranties provided in this section may be deemed to disqualify your Entry.
Notification of the Winner: The 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: The prize is one (1) $100 Amazon.com Gift Card (the “Prize”).
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.
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.
Winners are responsible for any and all applicable local, state, and/or federal taxes and fees. Sponsor will issue a Form 1099-MISC to any Winner receiving one or more Prizes during a calendar year if a total retail value of all of the Prizes is $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 and/or acceptance, possession and use of any prize.
BY RECEIPT OF ANY PRIZE AND/OR BY SIGNING AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE, IF REQUESTED, WINNERS CONSENT 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, WITHOUT LIMITATION, 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 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 claims relating to the Sweepstakes must be bought within one (1) year from the date the cause of action arose. Claims brought after such 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 so 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 209 10th Ave S Ste 560 Nashville, TN 37203-7120. 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, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither you nor Sponsor may 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. You and Sponsor 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 Terms of Service, the provisions in the Rain Terms of Service 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