The Affirm Sweepstakes

OFFICIAL RULES

Please carefully read these Rules (available at http://www.affirm.com/sweepstakes-rules-22)(“Website”). If you do not agree to the Rules, you should not participate in this Promotion; entering will constitute your acceptance of these Rules. 

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

All personal information collected from participants will be handled in accordance with the SPONSOR’s Privacy Policy which can be accessed by visiting https://www.affirm.com/privacy. In addition , entrants' entry information may be used by Sponsor to verify an entrant’s identity and eligibility to receive a prize, and for any other purposes in connection with this Promotion. 

ARBITRATION NOTICE: BY ENTERING THE PROMOTION, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND ANY SWEEPSTAKES ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WILL WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT, OR CLASS-WIDE ARBITRATION.  (See Disputes/Arbitration provision, below). 

ELIGIBILITY: The Affirm Sweepstakes” (the “Promotion” or “Sweepstakes”) is a trade promotion offered only in the state of California to legal U.S. residents 21 years of age or older who are registered eTail West attendees at the Worldwide Business Research trade event on February 26, 2024 in Palm Desert, CA(the “Event”). Employees, officers, directors of Affirm, Inc. (“Affirm” or “Sponsor”), its subsidiaries, agents, contractors, advertising/promotion agencies, individuals engaged in the development, production, or distribution of materials for or implementation of this Promotion (all collectively the “Promotion Entities”), and the immediate family members (spouse (including domestic partners), siblings, children and parents including foster and step-relations) or those living in their same household (whether or not related) are not eligible to enter or win a prize. Event sponsors and exhibitors, and any of their employees and contractors are ineligible to enter or win. 

By entering, each entrant fully and unconditionally agrees to and accepts these Official Rules, the information provided by Promotion Entities in connection with the Promotion, the Sponsor’s Privacy Policy, and the decisions of the Sponsor which are final and binding with respect to all matters pertaining to this Promotion. 

PROMOTION PERIOD/ENTRY PERIODS:  The Promotion starts on or about 3:40 pm Pacific Time (“PT”) and ends approx. 4:40 pm PT on February 27, 2024 (“Promotion Period”).  The Promotion is provided only when an authorized representative of Sponsor is present and an opportunity to enter is available.  

TO ENTER:  During the Promotion Period, eligible entrants must check-in to the Affirm sponsored Wine Tasting on the Director’s Patio at the JW Marriott Desert Springs Resort and Spa and once admitted, will receive one (1) official entry ticket, ONLY while supplies last (“entry ticket”). Limit one (1) entry ticket per eligible attendee. One half of the entry ticket must be retained by the entrant and one half must be deposited in the official sweepstakes receptacle provided at Sponsor’s table at the Wine Tasting (“entry”). ENTRANT MUST RETAIN THEIR HALF OF THE SAME ENTRY TICKET AND WILL BE REQUIRED TO PRESENT IT IN ORDER TO MATCH THE WINNING ENTRY TICKET TO CLAIM AND RECEIVE THE PRIZE, IF NOTIFIED AS A POTENTIAL WINNER. 

All steps must be completed and all information provided must be accurate and complete to receive an entry.  Limit one (1) entry per person.  Entries must be complete, compliant, submitted via the method communicated, and received by Sponsor within the Promotion Period. 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.  Entrants may not (whether apparent or suspected) enter with multiple or false identities, accounts, or devices, or use multiple e-mail and/or street addresses, or use any other device or artifice to enter. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, on-line sweepstakes clubs (or similar methods), exchange sites, robotic, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such entries, and disqualify any entrant suspected of using/benefiting directly or indirectly from such methods. Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, non-compliant, illegible, delayed, destroyed, damaged, not received, undelivered, or misdirected entries or entry tickets (in whole or in part), and in such case entry ticket is void. Entry ticket must not be copied or in any way reproduced or is void. Entries will not be acknowledged or returned. Without limitation, any entrant deemed or suspected by Sponsor, in its absolute discretion to be acting in an obnoxious, threatening, obscene, drunken, disruptive or unsportsmanlike manner will be disqualified and not eligible to win the prize.

RANDOM DRAWING/ODDS/PRIZE CLAIM:  One (1) potential winner for each of the three gift cards will be selected in a random drawing conducted by Sponsor or its authorized representative approx. ten minutes prior to the end of the Wine Tasting from among all eligible entries received.  Odds of winning depend on the number of eligible entries received for the drawing.  Potential winning ticket numbers will be announced at the Wine Tasting by Sponsor (or its authorized representative) and entrant whose entry ticket matches that number exactly will be required to present, in person, their government issued identification AND the matching half of the potential winning entry ticket at Sponsor’s table for prize claim purposes, on or before the end of the Wine Tasting, or else prize will be forfeited. If potential winner is unable for any reason to provide the matching ticket half (to the ticket half selected by Sponsor as the potential winning ticket), fails to timely claim their prize or follow instructions within the time specified by Sponsor, or is otherwise non-compliant, belligerent, or found to be ineligible, they will forfeit the prize and an alternate potential entry ticket may be randomly selected in Sponsor’s sole discretion (time permitting). Once notified, potential winner will not be notified again. Promotion Entities shall have no liability for any prize notification that is intercepted, unheard, not received, not delivered, misdirected, not timely acted upon, or otherwise not responded to by potential winner for any reason whatsoever, and prize will be forfeited. 

Prize will be awarded to the confirmed winner in person at the Event and will not be shipped. Prize or prize notifications that are unawarded, unclaimed, undelivered, or returned will not be re-awarded. Potential winner may be required to sign, have witnessed and return a Declaration of Eligibility, Liability and Publicity Release within the time specified by Sponsor, or else prize will be forfeited. Prize notification does not confer winner status; prize award is subject to verification of eligibility and compliance with these Rules.

PRIZE (1)/Approximate Retail Value (ARV):  One Williams Sonoma Gift Card (ARV: $500), One Williams Sonoma Gift Card (ARV: $250), and One WIlliams Sonoma Gift Card (ARV: $100).

Limit one (1) prize per entrant. Any difference between ARV and actual value of a prize will not be awarded.  Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of the winners. The winners are advised to seek independent counsel regarding tax implications of their prize winning, if applicable.  Only the description and number of prizes stated in these Official Rules is available to be won in the Promotion.  In no event will Promotion Entities be responsible to award more than the stated number of prizes herein. Prize awarded assuming sufficient eligible entries are received. If because of technical, typographical, mechanical or other errors or for any other reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a random drawing will be held among all eligible claimants as determined by Sponsor to award such prizes.  

Prizes cannot be assigned, transferred, redeemed for cash, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize with a prize of equal or greater value. Prizes, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising, any website or Promotion materials is for illustrative purposes only and may not be the actual prize awarded. WITH THE EXCEPTION OF ALL VALID MANUFACTURER’S WARRANTIES WITH RESPECT TO A PRIZE, PRIZE IS PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Any non-Sponsor third party logos or trademarks in connection with prizes are registered trademarks or trademarks of the item’s respective owner/manufacturer, which is not a sponsor of nor otherwise affiliated with this Promotion. 

LIMITATIONS OF LIABILITY:  To the maximum extent permitted by applicable law, entrants and winner agree to release, indemnify, defend and hold harmless (“release”) Sponsor, all other Promotion Entities, their parents, affiliates, subsidiaries and divisions, and their respective entities, and each of their officers, employees, members, managers, shareholders, successors, assigns, contractors, agents, and representatives, and any social media platform used to advertise or facilitate the Promotion (the “Released Parties”) from and against any and all threatened or actual claims, debts, demands, actions, causes of action, suits, proceedings, judgments, settlements (whether or not litigation is commenced), obligations, damages (including without limitation wrongful death, bodily or personal injury and disability), losses, accounts, reckonings, executions, liabilities, costs and expenses (including reasonable attorney’s fees), property damages and any other losses, penalties or fines whatsoever of any kind or nature, whether at law or in equity, known or unknown, asserted or un-asserted, that entrant ever had, now have, or that may arise in the future (“Disputes”) asserted in, arising out of or based upon participation in the Promotion, the entry (in whole or in part), any Promotion and/or Prize-related activity or inability to participate in or parts thereof, the delivery, acceptance, use, mis-use of a Prize or any failure with respect thereto, personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, any act, default, omission, non-compliance, and/or a violation or breach of any agreement, representation, warranty or covenant made herein, or any other agreements by/with entrant, the Promotion Entities, and/or any other party or entity. Further, to the maximum extent permitted by law, and without limiting the foregoing, entrants and winner(s) covenant not to sue any Released Party or cause them to be sued regarding any matter released herein, and further covenant not to disaffirm, limit or rescind these releases. 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 determined to be invalid shall be stricken to the extent of its invalidity and the remainder of these Rules shall remain in full force and effect.

In no event will the Released Parties be responsible or liable for any indirect, incidental, consequential or punitive damages arising directly or indirectly out of this Promotion, participation in (or inability to participate in) Promotion and/or prize related activities, the use of the entry in whole or in part, the use or misuse of a prize or any element thereof, or access to, and use of any participating social media platforms or website(s) or the downloading from and/or printing material downloaded from said site(s).  Without limiting the foregoing, this Promotion is provided "AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. 

By entering and/or accepting a prize, entrants and winner hereby irrevocably consent, where lawful, to the use (but without obligation) by Sponsor (and their affiliated companies and their respective authorized representatives) of their name, image, photographs, videotape, likeness, hometown name, biographical information, voice, as well as any statements made by winner regarding the Promotion or Sponsor (provided they are true) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including but not limited to the Internet, Sponsor’s and unrelated third parties’ social media platforms, mobile devices, and World Wide Web, without additional compensation, and without the right of review, notification or approval.

GENERAL CONDITIONS:  Neither Sponsor nor any of the Promotion Entities are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, misdirected, undelivered, or stolen entries, or for lost, interrupted or unavailable satellite, network, server, devices, Internet Service Provider (ISP), website, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed equipment, computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or network, hardware or software malfunctions, failures or difficulties, incompatibility, or  errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of any information, nor for the failure to capture any such information.  Persons who are suspected of fraud, artifice, cheating, tampering with, or abusing any aspect of the Promotion or any element thereof, including but not limited to use of robotics, bots, malware, or other unauthorized devices or participation methods, as solely determined by Sponsor will be disqualified.  ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor is not responsible for injury or damage to entrants' or to any other person's computer or (mobile) device related to or resulting from participating in this Promotion or downloading or uploading materials from or use of any social media platform or website.  Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes (similar or dissimilar) which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries or ability to notify a winner, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, or any element thereof and determine entrants and/or winner from eligible entries received prior to the action taken, or as otherwise deemed fair by Sponsor.  In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, brochures, Promotion materials, announcements and/or any other information or communications by any person/entity in whatever media/medium relating to this Promotion or any element thereof, these Official Rules shall govern. 

FORCE MAJEURE: Promotion Entities shall not be liable to entrants, winner 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 element of/at the Event, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control.

DISPUTES/ARBITRATION:  Sponsor’s decisions are final and binding in all matters and disputes relating to this Promotion, including, but not limited to, interpretation and application of these Official Rules. For greater certainty, such matters and disputes are to be resolved in Sponsor’s sole discretion. By entering, entrants waive all rights to jury trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. For any controversy or claim arising out of or relating to these Official Rules and/or the Promotion, entrants and Sponsor irrevocably submit and consent to the exclusive jurisdiction of a one-person binding arbitration held in San Francisco, CA.  THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICT OF LAWS.

WINNER LIST: For the names of winner(s) of prizes over $25, contact Sponsor by sending an email to: ally.doty@affirm.com, with Affirm Sweepstakes Winner’s List Request in the subject line, for receipt within two (2) business days after the end of the Promotion Period.  Limit one request per person/household/email address.

SPONSOR:  Affirm, Inc., 650 California Street, 12^th Floor, San Francisco, CA 94108.