THE NEW YEAR SWEEPSTAKES OFFICIAL RULES (“RULES”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
A VENMO ACCOUNT IN GOOD STANDING IS REQUIRED TO RECEIVE A PRIZE. PARTICIPATION AND RECEIPT OF THE PRIZE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE VENMO USER AGREEMENT (https://venmo.com/legal/us-user-agreement/. FURTHER, BY PARTICIPATING IN THE SWEEPSTAKES YOU AGREE TO THESE RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, LLC (“SOCIAL MEDIA PLATFORM”).
- SWEEPSTAKES PERIOD/PRIZES/WINNERS. The New Year Sweepstakes is sponsored by Venmo, a PayPal Inc. service (“Venmo” or “Sponsor”), begins 11 am PT on January 8, 2021 and ends at 11 am PT on January 15, 2021 (the “Sweepstakes Period”). Sponsor’s clock will be the official timekeeper for this Sweepstakes.
Number of winners: 10.
Prize: $500 USD paid to each winner’s Venmo account and the Venmo account of the friend tagged by each winner (“Prize”). The total ARV of all Prizes in this Sweepstakes is $5,000 USD.
- HOW TO ENTER. You must take the following actions to enter the Sweepstakes:
- Follow @venmo on the Social Media Platform; and
- Tag a friend in the comments box on the @venmo post on the Social Media Platform promoting this Sweepstakes (“Sweepstakes Post”).
You and the friend you tag must both have a Social Media Platform account that remains active and in good standing through the time of prize award (“Social Account”). The creation and use of a Social Account are subject to the Social Media Platform’s applicable terms. You may be required to set your account settings on the Social Account to "public" in order for your comments to be viewable by Venmo. Your entry will not be deemed an entry in the Sweepstakes until Sponsor verifies that it: (1) meets the requirements set forth above; (2) complies with these Rules and Social Media Platform’s applicable terms; (3) does not contain obscene, offensive or objectionable language or communicate messages inconsistent with the positive images to which Sponsor wishes to associate; or (4) does not infringe, misappropriate or violate the rights of any third party. Otherwise, the substantive content of the entry will not affect an entrant’s chances of winning. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect an entry from being located. Sponsor, at its sole discretion, may accept or disqualify an entry that is incomplete, incorrect, or contains content in addition to the required content. Approval or disapproval of an entry will not be communicated.
Limit one (1) entry per person and per Social Account. Attempts made by a participant to submit entries in excess of any limit or otherwise in violation of these Rules by using multiple or false contact information or otherwise may be disqualified. Only posts that are sent, identified and recorded on the Social Media Platform in accordance with the instructions above during the Sweepstakes Period will be considered. Other proof of submitting an entry (such as a printed or copied screen showing a purported Entry Post on entrant’s account feed on the Social Media Platform) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Entries will not be acknowledged. Entries or participation made by any other individual or any entity or group, or originating at any web site other than as set forth specifically above, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Sweepstakes. Entries or participation that is generated by a macro, bot, or other automated means will not be accepted and will be void.
- The Sweepstakes 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: (1) at least eighteen (18) years old and the age of majority in their jurisdiction of primary residence, and (2) Venmo account holders in good standing. 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, and their respective parents, divisions, affiliates, subsidiaries, advertising agencies or promotional partners associated with this Sweepstakes (collectively, the “Sweepstakes 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 Sweepstakes, relatives are defined as spouse, domestic partner, parent, legal guardian, legal ward, in-law, grandparent, sibling, children and grandchildren. This Sweepstakes 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 Social Account 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 Social Account associated with a potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
- SELECTION OF WINNER: Odds of winning depend on number of eligible entries received. Approximately 2 business days after the end of the Sweepstakes Period, a random drawing from among all eligible entries will be conducted by Sponsor’s designated agent/representative, whose decisions are final, to determine the winner. Sponsor or its designee will attempt to notify the potential winner that he or she may have won the prize in this Sweepstakes by direct message on the Social Media Platform within approximately 5 business days after the drawing for purposes of verification and to obtain the winner’s Venmo handle. If any prize, prize notification or Sweepstakes-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 and an alternate winner may be randomly selected; the Sponsor will not be obligated to pursue more than three (3) alternate winners for any reason, in which case some prizes may go unawarded. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.
After winner verification is complete, Sponsor will then contact the friend tagged in the Sweepstakes Post via direct message on the Social Media Platform to obtain the friend’s Venmo handle. If the friend cannot be reached after a reasonable attempt has been made by Sponsor or if the friend does not respond according to the notification’s or Sponsor’s instructions, then the friend’s portion of the prize will be forfeited and Sponsor will have no further obligation to the winner (all as determined by Sponsor in its sole discretion).
- PRIZE: The winners and their tagged friends, subject to verification, will each receive the Prize set forth in paragraph 1. Venmo accounts must remain in good standing through the time of prize award. Prize amounts will be distributed within approximately 10 business days of verification. All prize details not specified in these Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and winner/friend 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 Rules or in any Sweepstakes-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/friend because of an incorrect or changed address or other contact information. If winner/friend 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, prize substitutions or cash redemptions 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.
- LIMITATION OF LIABILITY: EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE SWEEPSTAKES ENTITIES AND THE SOCIAL MEDIA PLATFORM (“RELEASED PARTIES”) 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 SWEEPSTAKES-related activity, including, without limitation, any injury, damage, death, loss, OR accident to person or property. EACH WINNER AGREES (AS BETWEEN WINNER AND THE sWEEPStakes 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.
- ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, 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, Venmo payments, Sweepstakes-related correspondence or materials or postage-due mail, 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 Rules, in any Sweepstakes-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; (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 or the Social Media Platform that may interfere with the Sweepstakes; or (i) ability of entrant to timely enter, receive notices or communicate with Sponsor. Without limiting any other provision in these Rules, the Release Parties 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 Sweepstakes activities or the Sweepstakes 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.
- PUBLICITY. By entering the 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, entry, Social Account details, 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 Released from any and all liability related thereto. Nothing contained in the Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
- ENFORCEMENT OF AND COMPLIANCE WITH THESE RULES: Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of the Rules, determination of the recipients, and distribution of the prizes. All participants, as a condition of entry, agree to be bound by and comply with these Rules and the decisions and instructions of Venmo. Failure to comply with the Rules may result in disqualification from this Sweepstakes. Venmo’s failure to or decision not to enforce any provision in the Rules 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 Sweepstakes-related materials and/or the Rules (including any alleged discrepancy or inconsistency in or between the Rules), it will be resolved in Venmo’s sole discretion. Participants waive any right to claim ambiguity in the Sweepstakes or the Rules. The invalidity or unenforceability of any provision of the Rules 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 Rules 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.
- 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 Sweepstakes; (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 Rules, 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 Sweepstakes and distribute the prize in a manner deemed fair and appropriate by Venmo if the Sweepstakes 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 Rules 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 Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES 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.
- WINNER’S LIST. To find out who won, email firstname.lastname@example.org within (3) months of the end of the Sweepstakes Period.
- THE SPONSOR OF THIS SWEEPSTAKES IS: Venmo, a PayPal, Inc. service, 117 Barrow St., New York, NY 10014.