THE VENMO REWARDS HOLIDAY DOLLARS PROMOTION OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE IN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
A VENMO ACCOUNT IN GOOD STANDING IS REQUIRED TO
1. OVERVIEW/PROMOTION PERIOD. The Venmo Rewards Holiday Dollars Promotion (“Promotion”) is sponsored and administered by Venmo, a PayPal Inc. service (“Venmo” or “Sponsor”), begins 5:00:00 p.m. Eastern Time (“ET”) on November 20, 2019, and ends at 11:59:00 p.m. ET on December 31, 2019 (the “Promotion Period”). The Promotion consists of individual sweepstakes, where each time an Eligible Participant (defined below) makes an Eligible Transaction (defined below) or submits an eligible email entry during the Promotion Period, he/she will have a one in five hundred chance of winning a prize (each, a “Sweepstakes”). Sponsor’s clock will be the official timekeeper for this Promotion.
2. ELIGIBILITY. The Promotion is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who, as of the entry date and through the time of prize award, are at least eighteen (18) years old and the age of majority in their jurisdiction of primary residence (“Eligible Participant”). To redeem a prize, you must have or open a free Venmo account within 10 days of prize notification. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, representatives, and agents of the Sponsor, Dosh, Inc., and their respective parents, divisions, affiliates, subsidiaries, advertising agencies or promotional partners associated with this Promotion (collectively, the “Promotion Entities”), and relatives of and those living in the same household as such individuals are not eligible to enter or win a prize. For the purpose of this Promotion, relatives are defined as spouse, domestic partner, parent, legal guardian, legal ward, in-law, grandparent, sibling, children and grandchildren. This Promotion is void in all U.S. territories (including Puerto Rico), possessions and overseas military installations and where prohibited by law. In the event of a dispute concerning the identity of a participant, the entry will be declared to have been made by the registered account holder of the Venmo account provided at the time of entry/used for entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. Potential winner may be required to provide Sponsor with proof that he/she is the registered account holder of the Venmo account associated with a potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
3. HOW TO ENTER. There are two ways to participate in a Sweepstakes:
With a purchase: To enter, during the Promotion Period, Eligible Participants must make a purchase transaction using the Venmo card (online or in-store) at any merchant that does not have a Venmo Rewards offer active and available in the Venmo app (“Eligible Transaction”). The following do not count as Eligible Transactions: (1) transactions of any kind at merchants who have an active Venmo Rewards offer (check the Venmo app frequently for current, active offers as offers may become unavailable at any time); (2) cash withdrawals; (3) ATM transactions; (4) transactions that are not authorized by the merchant during the Promotion Period. There is no minimum purchase amount to qualify. An entry is received when Venmo’s systems record the Eligible Transaction. Proof of purchase does not constitute proof of actual receipt of an entry for purposes of entry in any Sweepstakes.
Without a purchase or Venmo account: To enter during the Promotion Period without use of a Venmo account, Eligible Participants must email email@example.com. Only 1 entry per email per Eligible Participant.
There is no limit on the number of times an individual may participate during the Promotion Period. Entries must be received during the applicable Promotion Period to qualify for entry in a Sweepstakes and in accordance with the Venmo User agreement, the Venmo Card Cardholder Agreement, these Official Rules and the instructions of Sponsor (“Applicable Terms”). Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for participation in a Sweepstakes.
4. ODDS/SELECTION OF WINNER: Odds of winning a Sweepstakes are one in five hundred (1 in 500). Each Sweepstakes entry will be randomly assigned a number one to five hundred; if the entry is assigned the number one, the entry will be a winner of that Sweepstakes. If selected as a winner, Sponsor will automatically send the prize amount won to the Venmo account associated with the winning entry. Winner may be required to complete, sign, have notarized (if applicable) and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release (unless prohibited by law), within the time frame specified by Sponsor or prize may be forfeited. If the Eligible Participant entered into a Sweepstakes with a purchase, their Venmo Account must be in good standing to receive the prize. If the potential winner does not have a Venmo account, he/she must open one to receive the prize. In the event of noncompliance with these requirements, the prize may be forfeited. The affidavit of eligibility and liability/publicity release are subject to verification by Sponsor. If any prize, prize notification or Promotion-related communication is rejected, faulty or returned as undeliverable, or if the potential winner cannot be reached after a reasonable attempt has been made by Sponsor or does not respond according to the notification’s or Sponsor’s instructions (as determined by Sponsor in its sole discretion), that winner or potential winner may be disqualified.
5. PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): Subject to verification: (1) for those who participate in a Sweepstakes via the purchase method of entry, each Sweepstakes winner will receive a 100% cash back payment to their Venmo account on the final captured amount for the Eligible Transaction, up to $50 USD; (2) for those who participate in a Sweepstakes by emailing an entry, each Sweepstakes winner will receive a $50 USD payment to their Venmo account (winner must have or open a Venmo account to receive the prize). The Total ARV of the prize in each Sweepstakes is $50 or less, depending on the value of the Eligible Transaction. Each winner’s Venmo account that was used for entry in a Sweepstakes must remain in good standing through the time of prize award to redeem any prize won.
All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or materials. If legitimately claimed, the prize will be awarded. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize will be awarded. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize.
- TAXES: All applicable taxes (as well as any expenses not specified in these Official Rules as being provided as part of the prize) are the sole responsibility of the prize recipient. Federal IRS 1099-MISC or other tax forms may be issued where required.
6. LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE PROMOTION ENTITIES FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES (AS BETWEEN WINNER AND THE PROMOTION ENTITIES) THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.
7. ADDITIONAL DISCLAIMERS: Promotion Entities are not responsible and/or liable for any of the following, whether caused by a Promotion Entity, the participant or by human error: (a) entries that are submitted by illegitimate means or in excess of the stated limit; (b) any lost, late, incomplete, forged, altered, illegible, mutilated, illegitimate, garbled, illegible, or misdirected participation, e-mail, mail, submissions, Promotion-related correspondence or materials or postage-due mail, Eligible Transactions, or entries (and any such entries will be void); (c) any error, omission, interruption, defect, or delay in transmission or communication; (d) viruses or technical or mechanical malfunctions, failures or unavailability of any kind; (e) errors, typos or misprints in these Official Rules, in any Promotion-related advertisements or other materials; (f) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages; (g) if an entrant’s e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor; or (h) any changes or unavailability of the Venmo app that may interfere with the Promotion; or (i) ability of entrant to timely enter, receive notices or communicate with Sponsor. Without limiting any other provision in the Applicable Terms, Promotion Entities are not responsible or liable to any participant or any person claiming through such participant for failure to supply an prize or any part thereof in the event that any of the Promotion activities or the Promotion Entities operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, national, federal, state, provincial, territorial, or local government authority, or any other cause, whether or not specifically mentioned above.
9. PUBLICITY. By entering a Sweepstakes (except where prohibited by law), each entrant grants the Sponsor the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in Sponsor’s sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Promotion Entities from any and all liability related thereto. Nothing contained in the Applicable Terms obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
10. ENFORCEMENT OF AND COMPLIANCE WITH APPLICABLE TERMS: Sponsor’s decisions will be final in all matters relating to this Promotion, including interpretation of the Applicable Terms, determination of the recipients, and distribution of the prizes. All participants, as a condition of entry, agree to be bound by and comply with the Applicable Terms and the decisions and instructions of Venmo. Failure to comply with the Applicable Terms may result in disqualification from this Promotion. Venmo’s failure to or decision not to enforce any provision in the Applicable Terms will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and/or the Applicable Terms (including any alleged discrepancy or inconsistency in or between the Applicable Terms), it will be resolved in Venmo’s sole discretion. Participants waive any right to claim ambiguity in the Promotion or the Applicable Terms. The invalidity or unenforceability of any provision of the Applicable Terms will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the Applicable Terms will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. CANCELLATION, MODIFICATION, SUSPENSION, DISQUALIFICATION EVENTS: In its sole discretion, Venmo reserves the right to: (a) void participation of any participant who Venmo believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion; (b) disqualify any participant at any time (even if disqualified winner or potential winner may have been notified or displayed or announced anywhere), if Venmo determines at any time in its sole discretion that such participant is ineligible, in violation of the Applicable Terms, or engaging in behavior that Venmo deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person; (c) restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected; (d) cancel, modify or suspend the Promotion and distribute the prize in a manner deemed fair and appropriate by Venmo if the Promotion is not capable of running as planned for any reason; (e) disqualify any participant that supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of the Applicable Terms in an attempt to obtain any prize (and in such case, that person may be prosecuted to the full extent of the law). Participants agree to not damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, VENMO MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
12. WINNER’S LIST/OFFICIAL RULES. To find out who won, email firstname.lastname@example.org within (3) months of the end of the Promotion Period. For a copy of these Official Rules, visit venmo.com/legal/holidaydollars during the Promotion Period.
13. SPONSOR: Venmo, a PayPal, Inc. service, 117 Barrow St., New York, NY 10014. The Venmo Mastercard® is issued by The Bancorp Bank pursuant to license by Mastercard International Incorporated. The Bancorp Bank; Member FDIC. Card may be used everywhere Mastercard is accepted in the U.S. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. The Bancorp Bank does not endorse or sponsor, and is not affiliated in any way with this reward program, Promotion, any given Sweepstakes, or these official rules.