Payoff Party Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED.
The Earnest Payoff Gift Sweepstakes (“Sweepstakes”) runs from 10 AM PT on September 1, 2020 to 9 PM PT on September 31, 2020 (the “Sweepstakes Period”). The computer clock of the Sponsor (defined below) is the official Sweepstakes clock.
ELIGIBILITY: Sweepstakes is only open to persons who at the time of entry (and, if a winner, as of the date of prize fulfillment) are: i) legal residents of the United States; and ii) the primary borrower on an Earnest Operations LLC loan account who has completed the repayment of the loan and made the final payment on the loan between August 1, 2020 1 AM PT and August 31, 2020 11:59 PM PT. Primary borrowers who have completed repayment of the loan by refinancing the loan with Earnest Operations LLC or with any other lender are not eligible to participate or win. Employees, officers, directors and agents of Earnest LLC (“Sponsor”) and its parent company, affiliates, and subsidiaries (“Sweepstakes Entities”), and their immediate family members (including spouse, parent, step-parent, sibling, step-sibling, or child, step-child of any of the foregoing) and those living in the same household of each (people who have shared the same residence at least three months over a period of one year prior to the start of the Sweepstakes Period) are not eligible to participate or win.
HOW TO ENTER: During the Sweepstakes Period, if you are the primary borrower on an Earnest Operations LLC loan account who has completed the repayment of the loan between August 1, 2020 1 AM PT and August 31, 2020 11:59 PM PT, you will automatically receive one entry into the Sweepstakes. By entering the Sweepstakes, you indicate your agreement with these Official Rules.
Limit of one entry per person during the entire Sweepstakes Period.
Any attempt by an entrant to obtain more than the stated number of entries may void that entrant’s entry and that entrant may be disqualified, and any potential prize may be forfeited. Entries generated in any way other than the manner set forth in these Official Rules are prohibited, and Sponsor reserves the right to disqualify any entrant(s) using such methods if discovered by Sponsor.
Entries placed for this Sweepstakes will not be entered into subsequent Sweepstakes if any occur.
WINNING: On or about September 25, 2020 representatives from the Sponsor will select one potential winner in a random drawing from among all eligible entries received during the Sweepstakes Period. Decisions are final and binding on all participants.
ODDS: Odds of winning depend upon the total number of eligible entries.
PRIZE: One prize will be awarded. There is a limit of one prize per person. The prize winner will receive one $500 Visa pre-paid eGift Card. ARV: $500. All prizes will be fulfilled approximately four to six weeks after the Sweepstakes Period has ended. All terms and conditions of Visa pre-paid eGift Cards apply. Sponsor will not replace or exchange lost, stolen or damaged prizes.
The prize is not transferable, except at the sole discretion of Sponsor. The prize is not redeemable for cash, and it may not be substituted for another prize, except at the sole discretion of Sponsor, or as provided in these Official Rules. Sponsor reserves the right to substitute a prize of equal or greater value for the prize. Any unused prize elements will be forfeited.
PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE SWEEPSTAKES ENTITIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY. NO COSTS, FEES OR EXPENSES ARE INCLUDED AS PART OF THE PRIZE UNLESS SPECIFICALLY LISTED HEREIN.
CLAIMING PRIZE: Prize claim is subject to verification by the Sponsor. Sponsor will attempt to notify the potential winner via the email associated with the potential winner’s customer account, approximately on September 25, 2020. Each potential winner must respond to Sponsor’s initial notification attempt within 48 hours. Each potential winner is subject to verification of eligibility and may in Sponsor’s discretion be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth in these Official Rules (as applicable, “Winner Verification Documents”), within 72 hours of attempted delivery to the potential winner of same. Each entrant represents that he or she will provide accurate and truthful information to Sponsor in connection with eligibility verification. If a potential winner cannot be reached or does not respond within 72 hours of the initial notification attempt, or fails to complete, sign, and return any required Winner Verification Documents, any other documentation or material required by Sponsor within 72 hours of attempted delivery of same, or if Sponsor is unable to verify the potential winner’s eligibility or compliance with these Official Rules and determines in its sole discretion that awarding a prize to the potential winner, publicizing any facts or details about the potential winner or an association of the potential winner with Sponsor or the Sweepstakes might reflect negatively on Sponsor and/or its products or services or the Sweepstakes, then Sponsor will have the right in its discretion to disqualify the potential winner and select an alternate potential winner (in which event the terms described above will apply to such alternate). The properly claimed prize will be awarded, but in no event will more prizes be awarded than are provided for in these Official Rules. By participating in the Sweepstakes, all entrants acknowledge compliance with and agree to be bound by these Official Rules, and the decisions of Sponsor, which are final in all respects.
By accepting the prize awarded in the Sweepstakes, you consent to the use of your name, likeness, biographical information and other indicia of your persona by Sponsor for commercial purposes in connection with the Sweepstakes without compensation, except where prohibited by law (TN residents need not consent). Potential winner must meet all eligibility requirements and comply with these Official Rules to receive the prize. Sponsor may record your entry, your name, likeness, biographical information and other indicia of your persona and you grant to Sponsor, its subsidiaries, affiliates, successors and assigns, and to such other people as it may designate from time to time, the irrevocable, global right to use and reproduce your name, likeness, biographical information and other indicia of your persona and the contents of your entry in perpetuity, in connection with the Sweepstakes, Sponsor’s marketing efforts and/or any other business related activities, including, without limitation, use online, on social media, in direct mail, and/or other advertising materials (e.g. flyers). You waive all rights to inspect and approve any finished product, its use or any copy as may be used in connection therewith. You agree not to hold Sponsor, or anyone whom it gives permission, responsible for any liability resulting from the your name and/or contents of your entry in the manner described above or from the use of its name in accordance with the terms hereof.
CONDITIONS: All materials received become the property of Sponsor and will in no event be acknowledged or returned, and no correspondence will be entered into except as set forth in these Official Rules. Persons will be disqualified if found: i) tampering (or attempting to tamper) with or abusing any aspect of the Sweepstakes, ii) whom Sponsor believes to be causing malfunction, error, disruption, damage or affecting the proper administration of the Sweepstakes iii) to be acting in any manner deemed by the Sponsor to be unsportsmanlike or disruptive, or with the intent to annoy, abuse, threaten, or harass any other person, iv) to be acting in any manner deemed by Sponsor to be in violation of the Official Rules. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. CAUTION: ANY ATTEMPT BY AN ENTRANT, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AND ATTEMPT BE MANDE, THE SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sweepstakes Entities and their respective parent, subsidiary, affiliated companies, employees, contractors and agents (“Released Entities”) are not responsible for computer, network, technical, printing, typographical, human or other errors, problems or malfunctions relating to or in connection with the promotion, including without limitation, errors, problems or malfunctions which may occur in connection with the administration of the promotion, the announcement of the prizes, the processing of entries or in any promotion-related materials; or for transactions that are lost, misdirected, or fail to enter into the processing system for any reason; or are processed, reported, or transmitted late or incorrectly; or are lost for any reason, including computer, telephonic, paper-transfer, or human error, or electronic, computer, or telephonic malfunction, damage, error, omission, interruption, defect, delay in operation or transmission, or any combination thereof. If, for any reason, the Sweepstakes is not capable of running as planned by reason of technical issues or failures, including but not limited to, corruption of the database of entrants, tampering, unauthorized intervention, fraud, or any other technical failures that Sponsor deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes (“Disruption”). Sponsor reserves the right at its sole discretion to cancel, modify or suspend the Sweepstakes and award the prize by random drawing conducted by the Sponsor from among all eligible non-winning entries unaffected by the Disruption and received prior to the action. Sponsor will post notice of such action on website.
LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANTS HEREBY WAIVE AND RELEASE AND AGREE TO HOLD HARMLESS RELEASED ENTITIES FROM AND AGAINST, ANY AND ALL RIGHTS, CLAIMS AND CAUSES OF ACTION WHATSOEVER THAT THEY MAY HAVE, OR THAT MAY ARISE, AGAINST ANY OF THEM FOR ANY LIABILITY FOR ANY MATTER, CAUSE OR THING WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INJURY, LOSS, DAMAGE, WHETHER DIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL, TO PERSON, INCLUDING DEATH, AND/OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THEIR ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, OR THEIR PARTICIPATION IN THIS SWEEPSTAKES, OR ANY PRIZE-RELATED ACTIVITY. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW, RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
DISPUTES: By entering the Sweepstakes, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the provision, acceptance and/or use of any prize or prize component will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and (d) each entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes will be for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Sweepstakes Entities of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California. In the event of any conflict between these Official Rules and any Drawing information provided elsewhere (including but not limited to Sponsor’s advertising or marketing materials), these Official Rules shall prevail.
BINDING ARBITRATION: The parties waive all rights to trial in any action or proceeding instituted in connection with these Sweepstakes Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Sweepstakes Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, in the City of San Francisco and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
USE OF INFORMATION: By participating in the Sweepstakes, each entrant agrees that information submitted in connection with the Sweepstakes will be subject to Sponsor’s Privacy Notice available at https://www.earnest.com/privacy (the “Privacy Notice”) and may be used as permitted pursuant to the Privacy Notice, and may also be used as determined by Sponsor in connection with the administration of the Sweepstakes (including winner notification and provision of winners’ names when requested).
WINNER’S LIST: For the name of the Sweepstakes prize winner, send a self-addressed, stamped envelope to:
Marketing Team – Sweepstakes
302 2nd Street, Suite 401N, San Francisco, CA 94107
Winner’s name will be sent when the Sweepstakes Period is over and the properly claimed prize has been awarded. Requests for the winner’s list must be received within four weeks of the end of the Sweepstakes Period
SPONSOR: Earnest LLC, 303 2nd Street, Suite 401N, San Francisco, CA 94107.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, or Twitter.