AFFIRM WINTER GETAWAY GIVEAWAY

OFFICIAL RULES

  • NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

  • VOID WHERE PROHIBITED BY LAW.

  • ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.

  • ALL ENTRANTS MUST HAVE A VALID INSTAGRAM ACCOUNT TO ENTER OR WIN.

  • AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.

  • ALL DISPUTES WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

  • THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM. BY ENTERING, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM.

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

SPONSOR: The sponsor of the Affirm Winter Getaway Giveaway (“Sweepstakes”) is Affirm, Inc., 650 California Street, San Francisco, CA 94108 (“Sponsor”). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram.

ADMINISTRATOR: The administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747 (“Administrator”). 

ELIGIBILITY: The Sweepstakes is only open to legal residents of the fifty (50) United States or the District of Columbia who are eighteen (18) years of age or older or the age of majority in their state/territory of residence [which is nineteen (19) in Alabama and Nebraska, twenty-one (21) in Mississippi, and eighteen (18) in all other states/territories] at the time of entry (each an “Entrant”). All eligible Entrants must have internet access, an active email account, and an active Instagram account with a “Public” profile and account capable of receiving direct messages; Entrants with restricted profiles (i.e., those with “Private Account” setting turned on) are not eligible to enter or win. Persons who at any time during the Sweepstakes Period (or, if deemed a prize winner, as of the date of prize fulfillment) are employees, officers, directors of Affirm, Inc. (“Sponsor” or “Affirm”), Cross River Bank, Celtic Bank, or any of their respective parents, affiliates, subsidiaries, prize providers, advertising and promotion agencies, or any other company involved in the development or execution of the Sweepstakes, including but not limited to HomeAway.com, Inc. d/b/a/ Vrbo, Don Jagoda Associates, Inc. (“Administrator”) and any paid influencers or spokespersons (collectively, the “Sweepstakes Entities”), and the immediate family (spouse, parents, partners, siblings and children including step and foster relations) and household members of each such person are not eligible to be an Entrant or to win any prize. Administrator may request any potential prize winner to provide proof that such person is eligible to be a prize winner. All potential prize winners are subject to verification before any prize will be awarded. By participating in the Sweepstakes, Entrant fully and unconditionally agrees and accepts these official rules (“Official Rules”) and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein and executing a Declaration (defined below).  

SWEEPSTAKES PERIOD: Sweepstakes will begin at 12:00:00 AM Pacific Time (“PT”) on December 13, 2021 and end at 11:59:59 PM PT on December 17, 2021 (“Sweepstakes Period”). The Instagram platform is the official time keeping device of the Sweepstakes.

HOW TO ENTER: During the Sweepstakes Period, the Affirm Instagram account (“@affirm”) will post a call-to-action Post (“Instagram Post”). To receive an entry into the Sweepstakes, you must: (1) follow @affirm on Instagram; (2) post a reply comment in response to the Instagram Post by publicly tagging one (1) distinct friend and indicating where you would like to book your next Vrbo getaway; and (3) include promotional hashtag #AffirmGiveaway in your comment (“Entry”). You must follow @affirm on Instagram. Entrants must have a public Instagram account (privacy setting set to “Off”) and, if selected as a winner, must have the ability to receive a Direct Message (“DM”) from Sponsor. An Instagram account can be opened for free by downloading the Instagram application from the Apple store or Google Play. Instagram Entries must comply with Instagram Terms of Use (http://instagram.com/about/legal/terms/). MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN THE SWEEPSTAKES. CONSENT IS NOT A CONDITION OF PURCHASE. The Entry must fulfill all Sweepstakes requirements, as specified herein, to be eligible, including but not limited to including one (1) distinct friend and indicating where you would like to book your next Vrbo getaway, and using the promotional hashtag #AffirmGiveaway. ALL ENTRIES MUST BE RECEIVED BY 11:59:59 PM PT ON DECEMBER 17, 2021. 

Limit one (1) Entry per person, per Instagram account. Any attempt to obtain more than the stated number of Entries by using multiple/different accounts, identities, logins, or any other methods will void that Entrant’s Entry and that Entrant may be disqualified. The use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for any lost, late, incomplete, invalid, unintelligible, or misdirected Entries, which will be disqualified. The Sweepstakes Entities assume no responsibility for any injury or damage to Entrant’s or any other person’s computer or web-enabled device relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. In the event of a dispute as to any Entries, the email address associated with the Instagram account will be deemed to be the Entrant. 

ENTRY GUIDELINES: To be eligible, the Entry must be complete and in English. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, or defamatory, includes reference to any trademarks or logos, violates the proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, is otherwise objectionable, or in any way is incomplete, indecipherable, or otherwise not in the spirit of the Promotion or in full compliance with these Official Rules, will not be accepted and may be disqualified. Entrants may not copy or otherwise plagiarize any portion of their Entry from any source. Entrants acknowledge and agree that their Entries are assigned and become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries in any way it sees fit. By entering, you agree to waive any rights you may have to the Entry submitted.

RANDOM DRAWING/ODDS: Ten (10) potential winners will be randomly selected on or about December 20, 2021 from among all eligible Entries received. Random drawing will be conducted by Administrator, whose decisions are final on all matters relating to this Sweepstakes. The odds of winning will depend on the total number of eligible Entries received during the Sweepstakes Period.

NOTIFICATION OF WINNERS/DECLARATIONS: Each potential winner will be notified by Sponsor via DM to their Instagram handles and will be required to email additional information to Administrator, including his/her/their full name, Instagram ID, and date of birth within forty-eight (48) hours of notification attempt. Potential winners may then be sent, via email, a Declaration of Compliance, Liability Waiver and, if legally permissible, a Publicity Release and Assignment of Rights (“Declaration”) and will be required to digitally sign and electronically submit within forty-eight (48) hours of notification attempt. All winners must provide Administrator with a valid taxpayer identification number or social security number (as applicable) and are subject to verification by Sponsor and/or Administrator; verification of potential winners is final and binding in all matters related to the Sweepstakes. If the Sponsor is unable to reach a potential winner via DM or email, fails to reply to the any notification within the timeframe specified, is ineligible, or if a potential winner does not wish to accept the prize, he/she/they will be disqualified. In the event any of the foregoing applies to a potential winner such potential winner will all be disqualified and only in this scenario may an alternate potential winner be selected and notified as stated above. Sponsor shall have no liability for any winner’s failure to receive notices due to spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. Sponsor will make three (3) attempts to award any given prize and, if after three (3) attempts a prize remains unclaimed or a potential winner is not confirmed, the prize may not be awarded in Sponsor’s sole discretion. There will not be a second chance drawing. Sponsor is not responsible for fraudulent calls or emails made to Entrants not by the Sponsor or Administrator. LIMIT ONE (1) PRIZE PER PERSON/HOUSEHOLD.

ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN THAT WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

Potential winners are strictly restricted from any communication (e.g., announcing, telling any other person, or posting online via website, blog or any social media platform) stating or implying that they have been contacted or are a potential winner unless and until Administrator has fully verified eligibility and Administrator has notified such potential winner in writing that he or she has been approved to communicate their prize-winning status. Any violation of the foregoing sentence may disqualify such potential winner from receiving any potential prize.

TEN (10) PRIZES AND THEIR APPROXIMATE RETAIL VALUE (“ARV”): Each prize consists of $2,000 cash awarded in the form of a check to winner, which can be used by winner to book an upcoming Winter Getaway trip with Vrbo. ARV of each Prize: $2,000. Winners are responsible for booking all travel and for any and all costs in excess of $2,000. Only the prizes described are available to be awarded; in no event will the Sponsor or the Sweepstakes Entities be responsible for awarding more or different prizes than stated herein.

TOTAL ARV OF ALL PRIZES: $20,000. Any and all expenses associated with the acceptance and use of prizes are the sole responsibility of the individual winners, including but not limited to the reporting and payment of any and all applicable federal, state and local taxes. An IRS Form 1099 will be issued as required by law. Prizes are non-transferable and are not eligible/combinable with any other promotions or offers from the Sweepstakes Entities.  

GENERAL CONDITIONS: By participating in the Sweepstakes, Entrants and winners agree to be bound by these Official Rules and the decisions of the Sponsor/Administrator, which are final and binding in all aspects. Acceptance of prize constitutes permission to use winners’ name, Instagram ID, photo and/or likeness and Entry for purposes of advertising and trade in any and all media now known or otherwise developed without further compensation or review, including a Winners List, unless prohibited by law. Sponsor has the right, in its discretion, to cancel, suspend and/or modify the Sweepstakes, or any part of it, in connection with any artifice, fraud, technical failure or problem or occurrence that in Sponsor's judgment could affect or impairs the security, fairness, integrity or proper functioning of the Sweepstakes or any part thereof, or prevents the Sweepstakes from being conducted as planned, as determined by Sponsor in its sole discretion. In the event of cancellation or early termination of the Sweepstakes, winners may be selected in accordance with the procedures set forth in these Official Rules from among all eligible Entries received as of the date of the event giving rise to the cancellation. 

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR ANY ELEMENT THEREOF MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 

Sponsor and Administrator, in their discretion, will determine the validity of each Entry. If they determine or believe that any Entry is fraudulent, illegitimate or invalid, or that any Entrant is ineligible, or has failed to comply with or has violated any provision of these Official Rules, Sponsor will have the right in its discretion to disqualify any affected Entrant and/or to disqualify any suspect or affected Entries. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. In the event of any conflict between these Official Rules and any Sweepstakes communication or information provided elsewhere (including, without limitation, in advertising or marketing materials and written or verbal communications), these Official Rules shall prevail. 

RELEASE AND LIMITATIONS OF LIABILITY: By participating in and/or entering the Sweepstakes, to the fullest extent permitted by applicable law, each Entrant and winner releases and agrees to the fullest extent permitted by applicable law to hold harmless Sponsor, Cross River Bank, Celtic Bank, and their parent companies, subsidiaries and affiliates, each of their respective contractors and advertising and promotion agencies, and the successors and assigns of each of the foregoing, all other persons and entities involved in the development or operation of the Sweepstakes, all other persons and entities involved in the provision of prizes or prize components, or the marketing or promotion of the Sweepstakes (including, without limitation, HomeAway.com, Inc. d/b/a/ Vrbo, Administrator, and any paid influencers and spokespersons) and the directors, officers, employees, representatives, advisors, agents and contractors of each of the foregoing (collectively, the “Released Parties”) from and against any and all alleged or actual claims, causes of action, demands, losses, settlements (whether or not litigation is commenced), liabilities, and damages (“Claims”) of any kind that the Entrant or other person ever had, now has or might in the future have arising out of or relating to the Sweepstakes or any element thereof, participation in the Sweepstakes (or inability to participate), the provision, acceptance or use of any prize or prize component, or any use of the Entry as permitted pursuant to these Official Rules, including without limitation any and all Claims (a) relating to any personal injury, death or property damage or loss sustained by any Entrant or any other person, (b) a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of a winner participating in the Sweepstakes or any invited guest designated to travel with such winner, wherever, whenever or however the same may occur; (c) based upon any allegation of violation of copyright, trademark, the right of privacy or publicity, misappropriation, defamation, disparagement, or violation of any other personal or proprietary right, or (d) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each Entrant agrees to the fullest extent permitted by applicable law not to assert any such claim or cause of action against any of the Released Parties. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical, printing, production, distribution or other error and may modify, rescind, cancel or revoke this Sweepstakes or any part thereof based upon any such error without liability and at Sponsor’s sole discretion. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, damaged, corrupted or incomplete Entries, incorrect or inaccurate capture of, damage to, or loss of Entries or Entry information or any other human, mechanical or technical error of any kind relating to the Sweepstakes, any website associated with the Sweepstakes, communications or attempted communications with any Entrant, failures of or delay in any mobile, wireless, Internet or cellular transmission or connection or the submission, collection, storage and/or processing of Entries, or any failures or inability to collect such information, or the administration of the Sweepstakes. To the fullest extent permitted by applicable law, Entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind these releases. A waiver by one (1) or more of the Released Parties of any term in these Official Rules does not constitute a waiver of any other provision.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

FORCE MAJEURE: In the event an insufficient number of eligible Entries are received to award the prizes and/or Sponsor is prevented from awarding the prizes or continuing with this Sweepstakes as contemplated herein by any event reasonably beyond its control, including but not limited to fire, flood, natural or man-made pandemic or epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state/provincial or local government law, order, regulation, or guideline, public health crisis or pandemic (e.g., Coronavirus), order of any court or jurisdiction, or any other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate this Sweepstakes or any element thereof. If the Sweepstakes is terminated before the designated end date, but only if commercially reasonable and practicable under the circumstances, winners may be selected in accordance with the procedures set forth in these Official Rules from among all eligible Entries received as of the date of the event giving rise to the termination. Inclusion in such selection process shall be each Entrant's sole and exclusive remedy under such circumstances.

DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, Claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in the State of California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (4) Entrants’ remedies are limited to a claim for money damages (if any) and Entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Declaration will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Declaration is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other communications and/or statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

PRIVACY: Any personally identifiable information collected during an Entrant’s or winner’s participation in this Sweepstakes will be collected by Sponsor, Administrator (or their authorized representatives) and used by Sponsor, its affiliates, agents, and marketers for the sole purpose of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules, and in accordance with Sponsor’s Website Privacy Policy at https://www.affirm.com/privacy.

WINNERS LIST: For a copy of the Winners List available for ninety (90) days after December 20, 2021, send an email to: Winners@dja.com with WINNERS & 08-2828-08 as the subject line. Winners List will be sent after the prizes have been awarded.

Payment options through Affirm are provided by these lending partners: affirm.com/lenders. Affirm Plus financing is provided by Celtic Bank, Member FDIC. Affirm, Inc., NMLS ID 1883087. Affirm Loan Services, LLC, NMLS ID 1479506. California residents: Affirm Loan Services, LLC is licensed by the Department of Business Oversight. Loans are made or arranged pursuant to California Financing Law license 60DBO-111681.