Affirm Small Business Contest Official Rules
By entering, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding. Please carefully read these Rules (available athttps://www.affirm.com/terms/merchant/small-business-contest)(“Website”). If you do not agree to the Rules, you should not participate in this Promotion; entering will constitute your acceptance of these Rules. Without limitation, Sponsor reserves the absolute right to modify these Official Rules, in whole or in part, at any time by posting revised Rules via the Website used to facilitate the Promotion.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. SEE DISPUTES/ARBITRATION PROVISION.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE or OTHER payment WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS REQUIRED TO PARTICIPATE. Void where prohibited or restricted by law.
ELIGIBILITY: This is a trade promotion (“Promotion” or “Contest”) offered in the fifty (50) United States including D.C. (“U.S.”)to small-to-medium U.S. businesses (“SMB” or “Business”) (defined below) that have a current e-commerce presence on an Affirm supported e-commerce platform (with active online sales to consumers) but do not currently have a Merchant Agreement in place with Affirm and are not currently using Affirm as a buy-now, pay-later business solution, and whose participation and/or ability to receive the prize (as stated herein) is not/will not be subject to any conflicting contractual, legal or other restrictions and the individual entering for the SMB has the full authority to enter for and on its behalf (eligible “Entrants”). Potential winners must execute a merchant agreement with Affirm (“Merchant Agreement”), which includes among other things, an exclusivity requirement. For purposes of this Promotion, an eligible SMB (at time of entry and at time of prize award) is a U.S. business with sales of USD $5 million or less per annum, which has an established English language U.S. e-commerce presence with prices in USD on an Affirm self-service supported e-commerce platform (click HERE for list of supported platforms), and whose operations are in compliance with Affirm’s Prohibited Business Policy (“SMB”). Prize will be awarded to and in the name of the SMB and not to an individual. Sponsor reserves the right to exclude or disqualify persons or entities not considered by Sponsor to be eligible (as determined in its sole and absolute discretion), or who do not otherwise meet the criteria and all requirements herein. Officers, directors, employees, representatives and promotional/marketing agencies of Affirm, Inc. (“Sponsor”) and its subsidiaries, affiliates, employees or contractors who are engaged directly or indirectly in the development, administration, execution or implementation of this Promotion (collectively the “Promotion Entities”), and persons in the immediate family of such individuals (spouse, parent, child, sibling, partners and their respective spouses, and foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter or win a prize.
In order to be verified as a winner, eligible potential winning SMBs will be required to sign a Non-disclosure Agreement and the Affirm standard Merchant Agreement, in order to integrate Affirm on their website as a payment method at checkout, and once the test transaction on a potential winner’s online platform is confirmed successful, the SMB must have launched Affirm on their site on or before September 11, 2022. In addition, each potential winner through their authorized representative (with contracting authority) (referred to collectively as a “potential winner”) must timely respond to prize notification by furnishing proof of identification and/or other proof of eligibility under these Official Rules and may (in Sponsor’s discretion) be required to sign, have witnessed and return within the time required a Declaration of Eligibility, Release of Liability, and (where legal) Publicity Release (NDA, Merchant Agreement/Amendment and Declaration are collectively the “Release Documents”) or will forfeit the prize. Prize will be forfeited if Release Documents are not accurately completed and timely received according to the Sponsor’s instructions.
PROMOTION PERIOD: Begins on or about 12:00 am Pacific Time (“PT”) on or about May 3, 2022 and ends 11:59 pm PT on May 17, 2022 (“PromotionPeriod”). Prize Marketing Activity (as defined below) is anticipated but not guaranteed to run between September 12 – 18, 2022 (“Marketing Activity”)provided all potential winners have complied with all pre-conditions for such Marketing Activity by the time specified by Sponsor. The Promotion or any element thereof may be terminated, cancelled, or modified by Sponsor in its absolute sole discretion, and without limitation, any time period extended, shortened, or modified due to exigencies of the circumstances (as determined by Sponsor in its sole discretion).
TO ENTER: To enter during the Promotion Period, eligible Entrants access the official entry form on the website at https://www.affirm.com/lp/business/small-business-contest(“Website”), fully, accurately complete all business information and contact information, and provide a compelling, good-faith response (min. 100 characters and up to a max. 750 characters) to the following question: “How do you think offering Affirm to your customers will help improve your business?" and agree to these Official Rules (including but not limited to the prize pre-conditions and License grant herein). An eligible, compliant response by an eligible SMB Entrant (as determined by Sponsor) will serve as one (1) entry on behalf of their SMB (“Entry”). In the event of a dispute as to the identity of an Entrant, the authorized SMB representative account holder of the email address used in connection with the Entry will be deemed to be the Entrant, provided eligible.
Limit one (1) Entry per SMB. Scores will not be made public at any time. Any Entry that is not submitted by an authorized representative of an eligible SMB, does not appear eligible or compliant, or does not include content required by the Contest, does not (in Sponsor’s sole discretion) appear to be submitted in good-faith, or that fails to follow all steps and include all other information required may be disqualified. If Sponsor’s product and/or brand is featured and/or mentioned in the Entry it must be featured truthfully and appropriately, or else Entry will be immediately disqualified. In the event more than one Entry is submitted from the same SMB, only the first Entry submitted will be considered. Entrant must NOT submit the same Entry in this Contest for any other Contest. In addition to all other restrictions and conditions stated or incorporated elsewhere herein, Entries must NOT refer to or name any minor (under 18), and must not name any living person without their express consent. Sponsor reserves the right, but without obligation, to redact certain non-essential information from an Entry if doing so will not affect judging.
Entries may only be submitted by a single SMB; group submissions are not permissible. Entries submitted via any other entry method than stated herein will not be accepted. Entrants may not (whether apparent or suspected) enter with multiple or false identities, accounts, or devices, or use multiple email and/or business or street addresses. Multiple Entries per SMB or Entrant, or any use or suspected use of spamming, phishing, artifice, bots, robotic, repetitive, automatic, programmed or similar methods or agents (including, but not limited to Contest entry services/clubs) are prohibited; any Entrant suspected of using/benefitting from such methods will be disqualified and their Entries voided. Proof of Entry or completion of Prize Pre-Conditions is not proof of receipt or eligibility for this Promotion. If, upon review, Sponsor (or its authorized representative) is unable to determine that an Entry/SMB is compliant, or reasonably suspects that it is not compliant in whole or in part, the Entry as a whole (and entrant) may be disqualified. Without limiting the foregoing, Sponsor has the right to verify entrants’ eligibility and compliance with these Official Rules and, on the basis of its investigation, to disqualify any Entry/entrant at any time and require immediate prize return if applicable.
In addition, and without limiting the foregoing, a potential winner will be disqualified if Sponsor believes awarding the prize to such individual is not in the spirit of the Promotion or any element thereof, or will have a detrimental impact on Sponsor, this Promotion or any of Sponsor’s brands, products or services (as determined by Sponsor’s sole and absolute discretion). Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, undelivered, delayed, destroyed, damaged, or misdirected Entries in whole or in part (including into spam or junk folders); or for any equipment, computer, telephone, device, network, Website, platform, app, electronic, hardware or software malfunctions, failures, connections, or (un)availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Intranet/Internet, Website, user accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any error (human or not), or the incorrect or inaccurate capture of Entry or other information or any part thereof, nor for the failure to capture or display any such information.
Normal internet access and device usage charges imposed by a mobile plan and/or on-line service will apply to entry via mobile device. Messaging & data rates may apply to access via mobile devices. Other charges may apply; check mobile plan for rates/details. Consent is not a condition of purchase.
REPRESENTATIONS ABOUT ENTRY: By submitting an Entry, Entrant/SMB hereby represent, warrant and covenant (as applicable), and agree to produce written evidence of such if requested, that:
(i) The Entry/content, in whole and in part, is an original work, is compliant with the Rules, does not violate or appear to infringe upon any laws, rules, regulations, privacy, proprietary or intellectual property rights (including copyrights, trademarks, patents, trade secrets, industrial property rights, personal or moral rights), or any other laws, regulations, or rights whatsoever of any country, person and/or entity, and will not bring Sponsor or the Promotion Entities into public disrepute, scandal or embarrassment;
(ii) The Entry, in whole and in part, is submitted by or with the permission of all persons (living or deceased), venues and/or business entities who worked on, were engaged to work on, or contributed in any respect to the Entry or any part thereof, or who are referenced or depicted (directly or indirectly) in the Entry by name, likeness, voice, image or any other information or indicia of persona, or who otherwise have any right, title and interest in and to the Entry or any part thereof (including but not limited to rights arising from employment or work for hire relationship), and all such persons, venues, and/or business entities have provided their written consent to submission of the Entry and its use pursuant to the Rules;
(iii) Entrant has all other rights, licenses, permissions and consents necessary to submit the Entry for the uses contemplated in this Contest and to license the Entry to the Sponsor as provided in these Rules, and the exercise thereof by the Sponsor or any other Promotion Entity of the rights granted by Entrant, in whole or in part, does not and will not give rise to any alleged or actual claims, disputes, damages, actions or liabilities, including but not limited to those for disputes or payment of any kind, including without limitation royalties, residuals, attribution, credit, dues, approval or consultation rights, or any rights of participation, attribution, or any other fees, costs, or expenses, arising out of the submission, use, exhibition and/or any other use or exploitation of the Entry, in whole and in part, the use and exercise by Promotion Entities of any of the rights granted in these Official Rules;
(iv) The Entry in whole or in part contains no malware, including viruses, trojans, worms, bugs, spyware or any other harmful software, code or other devices;
(v) The Entry does not depict, refer to or contain in any respect information about (“refer to”) a minor under the age of 18, or a living person without their consent; and
(vi) The Entry in whole or in part does not contain or promote sexist, pornographic or sexually explicit, defamatory, discriminatory, offensive, violent, harmful, unsafe, dangerous, illegal, cruel, abusive, highly political, religious or sensitive content or activities, swear words, course content, or content of an obscene or menacing character, and does not otherwise appear to condone or promote cruelty, bigotry, hatred or harm against any animal, group or individual, or to (expressly or impliedly) contain, condone, or promote discrimination based on race, gender or gender identity, pregnancy, religion, nationality, disability, sexual orientation, or age, or otherwise offend against reasonable standards of taste and decency.
GENERAL ENTRY CONDITIONS: Once submitted, Entries may not be canceled or deleted, enhanced, added to, or improved, and will not be returned, if applicable. The Entry may at any time be publicly displayed, viewed and used by the Promotion Entities in whole or in part, as provided herein and by others interested in, involved with, or administering the Contest. Nothing herein shall be deemed an obligation of confidentiality. Any third-party copyrighted works, or trademarks, logos, brand names, etc. (“Logos”) or any other intellectual property in an Entry must not be used commercially and must appear only perfunctorily and in the background to the Entry; all such copyrighted works and Logos are the property of their respective owners, which are not sponsors or affiliated with this Promotion in any way.Entrants understand and agree to assume the risk that their Entry and any element thereof may, in whole or in part, be identical or similar to any other Entry, that one Entry may regardless receive varying scores from another Entry, and Entrants release and hold Promotion Entities harmless from same.
JUDGING CRITERIA/WINNER SELECTION AND NOTIFICATION: Entries will be judged by a panel of neutral judges selected by Sponsor and scores assigned based on the following weighted judging criteria:
(1) Presents a compelling justification how Affirm can help the SMB’s business (50%)
(2) Reasonableness (25%)
(3) Relevance to question (25%)
Subject to receiving sufficient eligible Entries, Sponsor will select three (3) potential winners based on the highest overall scores achieved. In the event of a tie, the tie will be broken amongst those tied entries with the highest score in category (1), and if a tie still exists the tie will be broken amongst the remaining tied entries with the highest score in category (2), Sponsor reserves the right to select more than the stated number of winners based on the quality of the Entries received. It is anticipated that prize winner(s) will be notified via telephone or email (in Sponsor’s sole discretion) on or about approx. ten (10) working days after verification.
PRIZE(S)/Approximate Retail Value (“ARV”): Subject to verification of eligibility, compliance and execution of the applicable Release Documents, the following prize(s) is/are available to be awarded:
Grand Prizes (3, 1 per winning SMB): Winner will be featured in the Affirm App between September 12- 18, 2022 (ARV: $24,000 per prize).
Limit one (1) prize per SMB. Prize awarded to SMB and not to an individual.For any reason, any unused, unclaimed, unassigned, unavailable, expired, or unredeemed Marketing Activity will be forfeited, and will not be awarded as cash or otherwise. Actual marketing funds, spend, placements, media, frequency and all other elements of the prize package will be decided by Sponsor in its sole and absolute discretion. A prize is not transferable, assignable, refundable, or otherwise redeemable for cash. Prize awards are subject to verification and compliance; a prize will only be awarded to a verified and confirmed SMB Business. Prize must be accepted in its entirety or will be forfeited.
Any trade names, logos or trademarks depicted or referenced in connection with Entries, prizes or this Promotion, are the trademark or registered trademark of their respective owners which are not sponsors of, nor otherwise affiliated with this Promotion.
WINNER NOTIFICATION: If any potential winner is found to be ineligible, fails to timely respond within the time stated by Sponsor, declines or refuses the prize, fails to satisfy the prize condition requirements, or Sponsor is unable to contact the potential winner on or within two (2) separate attempts, or in the event that the prize confirmation, notification, or prize is returned, ignored, not timely responded to, misdirected or undeliverable, the prize will be forfeited, and in the Sponsor's sole discretion the forfeited prize may be awarded to an alternate potential winner. Thereafter, if unsuccessful, the prize will be forfeited and will not be awarded for the Promotion. Promotion Entities are not responsible for any undelivered prize/prize notifications, telephone calls, messages, push notifications, e-mails, or any other communications, including but not limited to those that are not received because of the Entrant’s privacy or spam filter settings that may divert any notification or other Promotion related e-mail.
PRIZE(S) AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM SPONSOR, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.FURTHER,SPONSOR MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN CONNECTION WITH THE CO-MARKETING SPEND OR RESULTS THEREFROM, AND EXPRESSLY DISCLAIMS ANY ABILITY TO IN ANYWAY ENABLE, DEVELOP OR INCREASE AN SMB’s BUSINESS IN WHOLE OR IN PART.
Any and all applicable reporting and payment obligations for local, state, and federal taxes and all expenses not specifically stated herein are the responsibility of SMB winners; winners are advised to seek independent counsel regarding prize tax implications. Only the prizes as described are available to be awarded; in no event will Promotion Entities be responsible for awarding more or a different prize or different prize denomination than stated in connection with the Contest. Prizes cannot be assigned, transferred, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize or any part thereof with a prize of equal or greater value. Any difference between the actual value and ARV of the prize will not be awarded as cash, or otherwise.
INDEMNIFICATION & RELEASE:BY PARTICIPATING, ENTRANTS AND WINNERS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER PROMOTION ENTITIES, SOCIAL MEDIA PLATFORMS (USED TO FACILITATE OR ADVERTISE THE CONTEST, IF APPLICABLE) AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHTS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PROMOTION AND/OR PRIZE RELATED ACTIVITIES, ACCESS TO AND USE OF THE WEBSITE AND/OR APP, AND/OR ANY OTHER PARTICIPATION OR INABILITY TO PARTICIPATE IN THIS PROMOTION OR ANY PART THEREOF. By entering and/or accepting a prize, Entrants and winner(s) covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind any releases herein or Releases executed. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any provision adjudged to be invalid shall be struck from these Official Rules and the remainder shall continue in full force and effect.
LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by Website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion or in prize fulfillment and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or other information, in whole or in part. Promotion Entities are not responsible for injury or damage to Entrants' or to any other person's computer and/or mobile device related to or resulting from downloading materials from or use of any Website. If, for any reason, the Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, or any element thereof, Sponsor reserves the right at its sole discretion at any stage in the Promotion to cancel, terminate, modify or suspend the Promotion, or element thereof and select the winner(s) based on next highest scores from non-suspect, eligible Entries received prior to the action or as otherwise may be deemed equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any communications, announcements, advertising and/or promotional materials relating to this Promotion or any element thereof, these Official Rules shall govern.
FORCE MAJEURE: Promotion Entities shall not be liable to Entrants, winner(s) or any other person or entity for failure to execute the Promotion, or any element thereof or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, 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, cancellation or delay of any event, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control.
LICENSE TO ENTRY MATERIAL: As a condition of entry, at the time an Entry is submitted and whether or not selected as a winner, Entrants grant to Sponsor an unlimited perpetual, irrevocable, royalty-free, fully sub-licensable, and transferable worldwide license and permission to use, reproduce, edit, modify, and exhibit, create derivative works of, transmit, distribute, and display the Entry or any part thereof, in any and all media formats, whether now known or hereafter developed, for any purpose (the “License”); likewise, Entrant will have no right of approval, review, or modification as to the future use, modification, display of entrant’s Entry. Entrants shall have no right of compensation from, credit or attribution, or approval over any use, including but not limited to Sponsor’s own promotional use, of the Entry by Sponsor. Entrants understand and agree by granting this License, their Entry may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor in any media and medium whatsoever now known or hereinafter developed worldwide. Entrants hereby forever agree not to assert and to waive all so-called “moral rights (droit moral)” now or hereafter recognized in connection with any Entry or part thereof submitted as part of the Promotion. Entrants agree not to issue any publicity concerning Sponsor without Sponsor’s prior consent. Entrants agree that neither Sponsor, nor its agents, shall be responsible for return or preservation of the Entries submitted. The consideration for the rights granted to Sponsor herein is each Entrant’s opportunity to participate in the Promotion.
PUBLICITY RIGHTS: By participating in the Promotion and accepting a prize, potential winner(s) grant(s) (and agree to confirm that grant in writing if requested) permission for Sponsor and/or Sponsor's authorized representatives the right to use the SMB name, information, officer/principals’ likeness, image, voice, statements about the Promotion (provided they are accurate and true) for promotion, marketing, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide, including but not limited to the World Wide Web and Internet (including Sponsor’s social media platforms and those of (unrelated) third parties whether or not connected with the Promotion), without notice, review or approval and without additional compensation except where prohibited by law. Winner(s) understand(s) and agree they may be announced by Sponsor, subject to prior verification and compliance.
DISPUTES/ARBITRATION: California law applies to all matters arising from or relating to these Official Rules, 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 ENTERING PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED BY ARBITRATION (EXCEPT AS PROVIDED BELOW), UNDER THE JAMS EMPLOYMENT ARBITRATION RULES AND PROCEDURES (WHICH ARE AVAILABLE AT JAMSADR.COM), INCLUDING ALL CLAIMS (COMMON LAW OR STATUTORY) THAT THE SPONSOR MIGHT HAVE AGAINST ENTRANT, OR THAT ENTRANT MAY HAVE AGAINST THE SPONSOR, ITS AFFILIATED COMPANIES, THE AFFILIATES, DIRECTORS, ENTRANTS OR AGENTS OF ANY OF THESE COMPANIES, AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THEM. ALL PARTIES WAIVE THE RIGHT TO HAVE A COURT OR JURY TRIAL ON ANY ARBITRABLE CLAIM. THE FEDERAL ARBITRATION ACT (“FAA”) SHALL GOVERN THIS AGREEMENT, OR IF FOR ANY REASON THE FAA DOES NOT APPLY, THE ARBITRATION LAW OF THE STATE IN WHICH ENTRANT ENTERED INTO THE PROMOTION. NOTWITHSTANDING ANY PROVISION OF THE JAMS RULES, ARBITRATION SHALL OCCUR ON AN INDIVIDUAL BASIS ONLY, AND A COURT OF COMPETENT JURISDICTION (AND NOT AN ARBITRATOR) SHALL RESOLVE ANY DISPUTE ABOUT THE FORMATION, VALIDITY, OR ENFORCEABILITY OF ANY PROVISION OF THIS AGREEMENT. ENTRANT WAIVES THE RIGHT TO INITIATE, PARTICIPATE IN, OR RECOVER THROUGH, ANY CLASS OR COLLECTIVE ACTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ARBITRATOR SHALL AWARD THE PREVAILING PARTY ITS COSTS AND REASONABLE ATTORNEY’S FEES; PROVIDED, HOWEVER, THAT THE ARBITRATOR AT ALL TIMES SHALL APPLY THE LAW FOR THE SHIFTING OF COSTS AND FEES THAT A COURT WOULD APPLY TO THE CLAIM(S) ASSERTED. NOTHING IN THIS AGREEMENT PREVENTS ENTRANT FROM FILING OR RECOVERING PURSUANT TO A COMPLAINT, CHARGE, OR OTHER COMMUNICATION WITH ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL OR LAW ENFORCEMENT AGENCY. NOTHING IN THIS AGREEMENT REQUIRES ARBITRATION OF CLAIMS THAT AS A MATTER OF LAW (AFTER APPLICATION OF FAA PREEMPTION PRINCIPLES) CANNOT BE MADE SUBJECT TO A PREDISPUTE ARBITRATION AGREEMENT; (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 ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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) 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.
WINNERS’ LIST: For the name of the prize winner(s), send a self-addressed stamped envelope for receipt on or within five (5) working days following the Promotion Period to: Affirm Small Business Month Contest 2022 Winner List Request, Affirm, Inc., 650 California Street, 12th Floor, San Francisco, CA 94108. Limit one request per person.
SPONSOR: Affirm, Inc., 650 California Street, 12th Floor, San Francisco, CA 94108.