1. NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
2. Sponsor. Sea of Savings, LLC, d/b/a The Smart Wallet.
3. Introduction; Promotion Period.
(a) Description. The following rules (“Official Rules”) govern the Sweepstakes (the “Sweepstakes“) which is sponsored by Sea of Savings, LLC, d/b/a The Smart Wallet (“Sponsor”, “we” or “us”). The Sweepstakes consists of a random drawing for eleven (11) winners at the conclusion of the Promotion Period (as defined below).
(b) Promotion Period. The “Promotion Period” for the Sweepstakes begins on September 11, 2019 at 12:00:00 AM Eastern Standard Time (“EST”) and ends on October 10, 2019 at 11:59:59 PM EST. The date and time stamp electronically assigned by our servers will determine when an entry is received and will be controlling.
(c) Websites. The Sweepstakes is offered in conjunction with the smartwallet.com and tswgiveaway.com and promoted to users of our affiliated websites. We reserve the right to create additional websites that provide content similar to The Smart Wallet to promote the Sweepstakes during the Promotion Period without the need to update these Official Rules (collectively, the smartwallet.com and tswgiveaway.com and any other related websites that we create are referred to as the “Websites“).
The Sweepstakes is open to legal residents of the United States, the District of Columbia and Puerto Rico who are at least 18 years old when they enter (or the applicable age of majority, if greater than 18 years of age in their jurisdiction). Employees, officers and directors of Sponsor and their legal representatives, affiliates, parent, subsidiaries, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in the same households of each) (collectively, “Sponsor Parties”) are not eligible to enter the Sweepstakes. By participating, you agree to abide by these Official Rules and by our decisions, which are final and binding in all respects.
5. How to Enter.
(a) Entry Methods. To get your first entry (an “Initial Entry”) into the Sweepstakes, register on one of our Websites during the Promotion Period by providing complete and accurate information including a valid email address. There are three ways to get additional entries (each an “Additional Entry“; Initial and Additional Entries are collectively referred to as “Entries”) into the Sweepstakes: the “Offer Method”, the “Demo Info Method” and the “Alternative Method.”
Under the Offer Method, after you’ve gotten your Initial Entry, you will get twenty (20) Additional Entries when you complete one offer (an “Offer”) during the Promotion Period. If you complete a second Offer during the Promotion Period, you will get one hundred (100) Additional Entries.
Under the Demo Info Method, after you’ve gotten your Initial Entry, you will get twenty (20) Additional Entries when you provide your gender, age and a response to the question as to your online shopping frequency on the second step of the registration page and will get one hundred (100) Additional Entries if you respond to the following questions regarding household income, household status and your savings goals on the following step in the registration process.
Under the Alternative Method, after you’ve gotten your Initial Entry, you will get twenty (20) Additional Entries into the Sweepstakes when you complete the following steps during the Promotion Period: (1) follow the link on our Website for the Alternate Method entry form, (20 complete the form by providing accurate and complete information completing the captcha, and (3) click “Continue” or “Submit.” If you follow these steps and complete an Alternative Method entry form a second time, you will get one hundred (100) Additional Entries.
You can combine Offer Method and Alternative Method Entries or the Demo Method and Alternate Method Entries, subject to the limit on the aggregate number of Entries set forth in Rule 5(b) below.
YOU DO NOT HAVE TO ACCEPT ANY OFFERS IN ORDER TO GET ADDITIONAL ENTRIES INTO THE SWEEPSTAKES VIA THE ALTERNATIVE METHOD. NO MAIL-IN ENTRIES WILL BE ACCEPTED.
(b) Limit on Number of Entries. There is a limit of an aggregate of one hundred and twenty-one (121) Initial and Additional Entries during the Promotion Period per person, regardless of whether you use the Offer Method, Demo Info Method or the Alternative Method or a combination of the Offer and Alternative Methods or the Demo Info and Alternate Methods to get Additional Entries.
(c) Other Entry Rules. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the permitted number of Entries by using multiple or different email addresses, identities, registrations, or any other fraudulent method will void that participant’s Entries and that participant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. We are not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected Entries, which will be disqualified.
(d) Disputes as to Identity. If there is a dispute as to any Entry or the identity of any potential winner, the authorized account holder of the email address used to register an Entry will be deemed to be the registrant/winner. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be required to show proof of being the authorized email account holder.
(e) Ownership of Entries. All Entries become our sole and exclusive property and will not be returned. We reserve the right to contact entrants and all other individuals whose email addresses are submitted as part of this Sweepstakes.
6. Drawing: Selection of Winners.
(a) Random Drawing. Within seven (7) days of the end of the Promotion Period, eleven (11) winners will be selected from among all eligible Entries received during the Promotion Period: one (1) Grand Prize Winner and ten (10) First Prize Winners. Three alternates will also be chosen for the Grand Prize (“Alternates”).
(b) Odds of Winning. The odds of being selected as a Prize Winner will depend on the number of eligible Entries received during the Promotion Period.
(a) Grand Prize. The Grand Prize is one (1) twelve hundred-dollar ($1200) gift card or twelve (12) one hundred ($100) gift cards, to be determined at our discretion. There is one Grand Prize available. The Grand Prize winner must comply with these Official Rules to qualify and receive the Grand Prize.
(b) First Prizes. Each First Prize is one (1) one hundred-dollar ($100) gift card. There are ten (10) First Prizes available. First Prize winners must comply with these Official Rules to qualify and receive a First Prize.
(c) Contacting Potential Prize Winners. We will notify each potential Prize Winner by e-mail and/or regular first class (U. S. Postal Service) mail, using the contact information provided with the Initial Entry. We currently send out email notices via Adobe EchoSign to enhance deliverability and to make completing the Claim Form easier. We may also call a Prize Winner on the Prize Winner’s landline or mobile phone included in the Entry. We reserve the right to develop other means of notifying Prize Winners to increase the number of Prize Winners who claim a Prize. By entering the Sweepstakes, you consent to being contacted by telephone – landline or mobile – if you are a Prize Winner, even if you are on a federal or state do not call list. If a potential Prize Winner supplies inaccurate contact information, he or she may forfeit the relevant Prize. If there is a dispute regarding the individual who actually submitted an Entry, the provisions of Rule 5(d) above shall apply.
(d) Claiming a Prize. After being contacted, each potential Prize Winner must execute and return, within fourteen (14) days of the initial email notification (the “Claim Period”), the claim form which will be included as an attachment to the email notification (the “Claim Form”). The Claim Form confirms the Prize Winner’s eligibility for the Prize and their mailing address, provides a liability release and their agreement to allow us to identify them by first name, first initial of last name and city and state of residence on our website (unless the potential Prize Winner is a Tennessee resident or where otherwise prohibited by law).
For potential Prize Winners other than members who previously completed a Claim Form, the Claim Form and an unredacted photocopy/scan of a government issued photo ID such as a driver’s license or passport (to confirm the identity of the Prize Winner) must be returned within the Claim Period by facsimile, first class mail, overnight air courier or email.
The Grand Prize Winner must also execute and return within Claim Period an IRS Form W-9, which will be included as an attachment to the email notification. We are required to file a Form W-9 with the IRS to report the Grand Prize received by the Grand Prize Winner.
We may accept photos of these required documents sent from a smartphone via email.
(e) Alternates. If the Grand Prize Winner cannot be contacted within the Claim Period, or if the contacted Grand Prize Winner fails to sign and return the Claim Form and Form W-9 and fails to provide an unredacted photo ID within the Claim Period in conformance with the procedures specified above, the Grand Prize Winner will be disqualified. In that event, we will contact the first Alternate. If the first Alternate fails to execute and return the Claim Form, Form W-9 and unredacted photo ID within his/her Claim Period, we will contact the second Alternate and, and if he/she does not respond, the third Alternate. If neither the Grand Prize Winner nor any of the Alternates execute and return the Claim Form, Form W-9 and unredacted photo ID within the applicable Claim Periods, the Grand Prize will go un-awarded.
(f) No Substitution. A Prize Winner may not substitute, assign, or transfer their Prize prior to award except with our permission.
(g) Lost, Stolen or Misplaced Prizes. We will use commercially reasonable efforts to cause each Prize to be delivered to the respective Prize Winner. Gift cards may require activation and if they do, we will provide information on how to activate by email or through our customer service department. We will have no liability if any Prize is lost stolen or mis-delivered. Prize Winners are solely responsible for supplying accurate delivery information and being present to receive the Prize if a signature is required.
(h) Taxes. Prize Winners are solely responsible for reporting and paying any federal, State and/or local taxes owed on their Prizes. We reserve the right to withhold taxes from any Prize, as appropriate.
8. General Conditions.
We reserve the right, in our discretion, to cancel, suspend or modify the Sweepstakes if fraud, technical failures or any other factor impairs the integrity of the Sweepstakes. In that event, we reserve the right to conduct the drawing in accordance with Rule 6(a) above from among all Entries received during the Promotion Period at the time of termination. We reserve the right in our discretion to disqualify any individual we find to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules.
By accepting any Prize, the Prize Winner agrees to release and hold harmless the Sponsor from and against any claim or cause of action arising out of participation in or in connection with the Sweepstakes or receipt or use of any Prize. If this Sweepstakes is promoted on Facebook, you also agree to fully release Facebook from any liability arising out of the Sweepstakes in any way and acknowledge that Facebook is not associated with and does not in any way sponsor, endorse or administer this Sweepstakes. Except in the State of Tennessee and where otherwise prohibited by law, acceptance of a Prize constitutes the Prize Winner’s consent to our use of Prize Winner’s name (first name and initial of last name), address (City and State), likeness, voice and/or quotation for promotional purposes in any media without further payment or consideration. By entering, each entrant further agrees that if there is any conflict or other inconsistency between the Official Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Sweepstakes, the Official Rules will govern.
10. Limitations of Liability; Indemnification.
We shall not be liable and/or responsible for: (a) incorrect or inaccurate Entry information whether caused by Internet users, by any of the equipment or programming associated with or utilized in the Sweepstakes or inaccurate transcription of Entry information; (b) lost, late, stolen, incomplete, invalid, unintelligible, illegible, or misdirected Entries; (c) any technical or human error or unauthorized human intervention which may occur in the processing of Entries or in the Sweepstakes administration; (d) any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Entries or Prizes; (e) any injury or damage to persons or property including to an entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or from downloading any material from our Website(s), regardless of whether we or a third party prepared the material and regardless of whether the material is connected to our Website(s) by a hypertext link; (f) misdelivered, lost, stolen, damaged or defective Prizes; or (g) any injury or damage to persons or property including to an entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from receipt of and/or use of a Prize. You agree to release, indemnify and hold the Sponsor harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your participation in the Sweepstakes and/or use of a Website; (ii) your breach of the Official Rules; and/or (iii) your violation of any rights of another individual and/or entity. The provisions of this Rule 10 are for the benefit of the Sponsor who shall each have the right to assert and enforce these provisions directly against you on its own behalf.
The Arbitration Agreement and Class Action Waiver provision included in the Terms & Conditions shall apply to disputes relating to the Sweepstakes and the Official Rules. The Arbitration Agreement and Class Action Waiver provision includes a mandatory arbitration provision. YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THIS ARBITRATION PROVISION AND ENTRY INTO THE SWEEPSTAKES, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR A MULTI-PARTY ARBITRATION BROUGHT AGAINST US.
You also agree that: (i) 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; and (ii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, 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 New York, without regard to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. If any part of the Official Rules is held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
12. Data Collection.
13. Winner’s List/Official Rules.
You can obtain a list of winners and/or a printed copy of the Official Rules by clicking here. Please indicate in your request whether you want the winner’s list and/or the Official Rules and how you want them delivered: email or United States Postal Service. If you request email delivery, then please provide your email address and if you request USPS delivery, please provide your mailing address.