Affirm Small Business Sweepstakes 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 at
https://www.affirm.com/terms/merchant/small-business-sweepstakes)(“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 “Sweepstakes”) 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 merchant agreement with Affirm (“Merchant Agreement”), whose participation is not subject to any conflicting contractual, legal or other restriction, and the individual entering for the SMB has the full authority to enter for and on its behalf (eligible “Entrants”). For purposes of this Promotion, an eligible SMB is a U.S. business with sales of USD $50 million or less per annum at the time of the effective date of their Merchant Agreement with Affirm, Inc.; such Merchant Agreement must be in effect before May 2, 2022 and at time of entry, and prize award/fulfillment. 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 Entrants/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, 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.
IMPORTANT NOTICES: Entrants have the responsibility to review and understand applicable policies, laws, rules and/or regulations including employer/employment policies, tax implications and any other limitations regarding eligibility to participate in promotions and/or receive prizes in connection therewith (collectively “Policies and Laws”). Furthermore, if Entrant enters without obtaining the appropriate approvals, or if an individual is participating in violation of any such Policies and Laws, Sponsor may, in its sole discretion, disqualify the Entrant and forfeit their prize, if applicable. In order to be verified and receive a prize, potential winning SMBs will be required to timely respond by its authorized representative to prize notification by furnishing proof of eligibility under these Official Rules. Each potential winner 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, and will be required to execute a Non-Disclosure Agreement, and Affirm’s Merchant Agreement (which sets forth requirements for any co-marketing funds provided as a prize) (“Release Documents”) or will forfeit the prize. Entrant agrees to execute all Release Documents and perform all acts deemed necessary by Sponsor to protect Sponsor’s rights; 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 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).
ENTRY DETAILS/HOW TO ENTER: During the Promotion Period, eligible Entrants will receive an email invitation directly from Sponsor and must click through the link in the email to go to https://affirm.getfeedback.com/r/ILCTzTQZ/q/1 (“Website”), complete the registration form, and provide an original, appropriate comment (in 50 words or less) telling us “Tell us how offering Affirm has improved your business,” and agree to these Rules (including but not limited to the 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”). Entrant may earn one (1) additional Entry by reposting, during the Promotion Period, their exact Entry response in its entirety to Entrant’s Business’ account on LinkedIn using #AffirmSmallBusinessSweepstakes (“Bonus Entry”, collectively referred to as “Entry”). Social media account must be set to “public”. Entries must be complete and compliant with these Rules or will be disqualified. Content of response will not be judged as part of winner selection. Sponsor reserves the right to eliminate inappropriate, defamatory, non-compliant or illegitimate responses in its sole discretion. Limit one (1) Entry and one (1) Bonus Entry per Business. In the event more than one Entry or more than one Bonus Entry is received from the same Business all but the first Entry and the first Bonus Entry received will be disqualified. Any attempt by any Business to obtain more than the stated number of entries by using multiple/different IP addresses, artifice, or any other methods will void all of that Business’ entries and that Business will be disqualified. Entry instructions and requirements may vary. Failure to follow all steps will void Entry. Once submitted, Entry cannot be modified, deleted or canceled. Entries become the property of Sponsor and will not be returned. Promotion may be advertised via more than one Social Media Platform; however, entries will only be accepted on the Website as specified herein. GetFeedback is not a sponsor nor affiliated with this Promotion.
CONDITIONS OF ENTRY: Submission of Entry information that is untimely, incomplete, inaccurate or indecipherable, or any failure to timely follow all steps will void Entry. Entries may only be submitted via a registered account through which Entrant has authority on behalf of their business to utilize and enter, as provided herein. By entering, Business agrees to be contacted by Sponsor (and its authorized representatives) with communications and reminders relating to the Promotion. Sponsor has the right to verify Entries and/or Business’ eligibility and compliance with these Official Rules, and on the basis of the investigation, to disqualify any Business at any time during or after the Promotion Period. Without limiting the foregoing, Sponsor shall have the right at any time, where necessary, to undertake all action including, but not limited to, voiding/canceling the Promotion or any element thereof, subject a winner to disqualification, prize forfeiture and/or immediate prize return (from a previously confirmed winner, if applicable) and/or require further information as is reasonable to protect itself or any one of the Promotion Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding the prize to any Business or winner. Incomplete, invalid, illegal, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible. If, upon review, Sponsor (or its authorized representative) is unable to determine that an Entry/Business is compliant, or reasonably suspects that he/she/it is not compliant in whole or in part with these Official Rules, the Entry as a whole (and business) may be disqualified. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for this Promotion. Entries submitted via any other Entry method, platform, portal, app than stated will not be accepted.
Entrants may not enter through an on-line sweepstakes club (paid or unpaid, or similar method), bots, robotic, repetitive, automatic, programmed or similar Entry methods or agents, with multiple or false identities, accounts, devices, e-mail and/or street addresses, nor shall Entrants use any other device or artifice to enter or participate. Any Entrant who is suspected of cheating, using fraudulent means, unauthorized Entry methods, attempting to participate multiple times, with multiple e-mail, accounts, and/or addresses under multiple or false identities, or engaging in or benefitting, directly or indirectly, from such artifice or artifice of any other kind, as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any Entrant suspected of using/benefitting from such methods. In the event of a dispute as to the identity of an online Entrant, the authorized business account holder will be deemed to be the Entrant.
Without limitation, Promotion Entities assume no responsibility for: lost, late, delayed, incomplete, inaccurate, stolen, misdirected (including into spam/junk folders), ineligible or illegible Entries or other Promotion related communications (in whole or in part); app, Website, computer/server, telephone, network, electronic, digital, wireless or Internet, hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; browser incompatibility; service provider, Internet, Website, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of Entry or other information, nor failure to capture any such information. Entrants and the Entry and all elements thereof must comply with the requirements and all other terms in these Official Rules or will be disqualified.
SUBMISSION GUIDELINES: In order for your Entry to be eligible, your Entry MUST NOT do any of the following:
Promote alcohol, drugs, tobacco, firearms/weapons, pornography, gambling (or the use of any of the foregoing) or any other similarly unsuitable topics;
Promote activities that are illegal, dangerous, harmful, or unsafe, or contain, depict, condone, encourage or promote content that is (or is construed by Sponsor as being) obscene, reprehensible, repugnant, offensive, sexually inappropriate, overtly political or religious, discriminatory, defamatory (to persons, products or companies), racist, misogynistic, highly sensitive, violent, explicit, cruel, hateful, or otherwise unsuitable, as determined solely by Sponsor (in its sole and absolute discretion);
Contain trademarks, logos, trade dress or any intellectual property owned by others, including any other businesses, brands or products of any kind (other than those of SMB Business);
Contain copyrighted materials owned by others without permission;
Contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses, or materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
Contain materials or other indicia identifying any minor under 18 years of age;
Communicate messages or images that are defamatory, or otherwise inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
Depict or itself be in violation of any law, or any rights of any other third party, or in contravention of these Rules, and/or the Affirm Merchant Agreement or Terms.
By submitting an Entry, Entrants represent, warrant and covenant (and agree to release and indemnify Sponsor and Promotion Entities from same) that their Entry submitted and all content therein: (i) is the original creation of the Entrant and has not been copied in whole or in part from any other work, and is the sole and exclusive property of the Entrant (or Entrant has all ownership or licensed rights thereto and in any and all content); (ii) does not contain, depict, condone, encourage or promote the use of any prohibited content as reflected hereinabove; (iii) does not violate or infringe any laws including but not limited to copyright or trademark laws, or other proprietary, publicity, privacy or any other rights of any person, entity, or venue; (iv) does not refer to or contain in any respect information about any other business, individual or minor; (v) any individuals mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given Entrant their express written consent to submission in this Promotion and the use contemplated; and (vi) the individual submitting an Entry herein has full right, power and authority to submit and Entry and participate in the Promotion on behalf of their SMB Business as provided herein. If requested by Sponsor, Entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality.
By entering, Entrants understand and agree that submitted eligible Bonus Entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise re-posted, for commercial and non-commercial purposes, throughout Sponsor’s and (unrelated) third parties’ digital and off-line social media, marketing and advertising properties. A delay may occur between uploading an Entry and availability into the public gallery, if any. If an Entry in whole or in part, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, or if Sponsor considers for any reason an Entry, or any element thereof, not to be in the spirit of the Promotion, or will have a detrimental impact on Sponsor, this Promotion, any of Sponsor’s or merchant’s brands, products or services, or the Entry does not appear compliant with these Rules, then Sponsor reserves the right to disqualify such Entry/Entrant immediately.
Normal internet access and device usage charges imposed by your 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 your mobile plan for rates/details. Consent is not a condition of purchase.
SELECTION OF WINNER(S)/ODDS: Three (3) potential prize winning SMBs will be selected in a random drawing conducted by Sponsor on or within approx. ten (10) business days after the end of the Promotion Period from all eligible Entries received. Odds of winning depend on the number of eligible Entries received. Decisions of Sponsor are final and binding in all respects. It is anticipated that potential prize winners will be notified via email (in Sponsor’s sole discretion) on or about approx. ten (10) working days after selection and will be asked for verification information and execution of Release Documents.
PRIZES (3)/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 Prize (3, 1 per winning SMB): Winner will be featured in the Affirm App between September 12- 18, 2022, in accordance with a fully executed Merchant Agreement (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 mutually agreed upon by Sponsor and winners to achieve most perceived benefit to Affirm and winner; however, the final decisions and direction concerning the Marketing Activity and all elements thereof will be decided on and valued by Sponsor’s internal marketing team in its sole discretion; winners will not select their own marketing placements unless approved by Sponsor (such approval may be withheld 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.
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, prize will be forfeited and will not be awarded for the Promotion; there will not be a second-chance drawing. 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 email to a spam or junk folder.
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 MARKETING ACTIVITY 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 winner(s); winner(s) is/are advised to seek independent counsel regarding prize tax implications. Only the prize(s) as described is/are available to be awarded; in no event will Promotion Entities be responsible for awarding more or a different prize or denomination of prize than stated herein. Prize 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, unless expressly stated. Any unclaimed, expired or unredeemed portion of a prize will be forfeited.
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 SWEEPSTAKES, 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 LITAGATION 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 IN THIS PROMOTION OR ANY INABILITY TO PARTICIPATE IN THE PROMOTION OR ANY ELEMENT 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 the Website or any social media platform, users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion 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 randomly select the winner(s) 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, each Entrant (whether or not selected as a winner) grants Sponsor a 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 (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. Sponsor has the right but not the obligation to post any submission for worldwide viewing on the internet. 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.
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 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 Sweepstakes 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.