On August 30, 2019 12:00pm Eastern Time/9:00am Pacific Time we are launching our Private Student Loan Survey Drawing III, where selected Earnest clients will be asked to complete a survey for a chance at a $100 Amazon gift card! 10 gift cards will be awarded to randomly selected survey respondents.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO WIN THIS DRAWING. OPEN ONLY TO SELECT EARNEST CLIENTS THAT ARE UNITED STATES RESIDENTS (WITH THE EXCEPTION OF MICHIGAN) AND WHO ARE OF THE LEGAL AGE OF MAJORITY AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS DRAWING. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The Private Student Loan Survey Drawing III (the “Drawing”) is open only to persons who as of the time of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of the United States with the exception of Michigan, are 18 years of age or older and of the legal age of majority in the jurisdiction in which the person resides. Persons who at any time during the Entry Period (as defined below) (or, if a winner, as of the date of prize fulfillment) are an employee of Earnest Operations LLC (“Sponsor”) or any of Sponsor’s parent companies, subsidiaries, affiliates or advertising or promotion agencies or any other entity involved in the marketing or promotion of the Drawing, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding. U.S. law governs this Drawing. Void where prohibited by law.
2. HOW TO ENTER: The Drawing starts at 12:00pm ET/9:00am PT on August 30, 2019 and continues through 11:59PM PT on September 16, 2019 (the “Entry Period”). At the start of the Entry Period, Sponsor will send an email message in connection with the Drawing (the “Email Message”) to select Earnest clients. Sponsor’s Email Message will link to a survey for clients to complete). Clients who wish to enter the Drawing must complete the survey in its entirety and submit their answers (the “Answers” via the submit button on the site. Each Answer must comply with all of the submission guidelines set forth in Section 3 (the “Submission Guidelines”). Answers must be submitted via the survey page link. Responses that are sent via reply to the Email Message will not constitute a valid Answer. As described in more detail in Section 4, with respect to each question, each eligible entrant who submits a completed survey during the Entry Period and complies with the Submission Guidelines will be entered into the Drawing. Submitting an Answer during the Entry Period constitutes acknowledgement of and consent to these Official Rules. The entrant must be the registered user of the Earnest account associated with the Email Message. Normal time rates and data charges, if any, charged by the entrant’s Internet or mobile service provider will apply. All entries are subject to verification at any time. Proof of submission does not constitute proof of receipt by Sponsor. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.
3. SUBMISSION GUIDELINES: Each Answer must comply with the following guidelines: (a) the Answer must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation, or the use of which by the Licensees as permitted pursuant to these Official Rules would require a license or permission from or payment to any third party; (c) the Answer must not contain any material that is disparaging, defamatory, threatening, indecent, violent, obscene or offensive, violence, bigotry or discrimination; (d) the Answer must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or display. By submitting an Answer, the entrant represents and warrants that the entrant has complied with all of the foregoing requirements. Sponsor reserves the right in its sole discretion to disqualify any Answer that Sponsor determines does not comply with these guidelines.
4. WINNER SELECTION AND NOTIFICATION: 10 potential winners will be selected at random from eligible completed survey responses (subject to verification). Entry times for completed survey responses will be determined by the timestamp attributed to the entrant’s response by SurveyMonkey. Sponsor will determine, in its sole discretion what constitutes an eligible Answer. There is a limit of one prize per person. Sponsor will communicate on this page when the drawing is over and winners have been selected. 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 Drawing might reflect negatively on Sponsor and/or its products or services or the Drawing, 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).
5. PRIZES: Sponsor will offer 10 prizes. Each of the prizes will be gift cards redeemable on Amazon.com, each with a face value of $100. The aggregate approximate retail value of all prizes is $1,000. Issuer(s) of gift cards will be determined by Sponsor in Sponsor’s discretion. Use of gift cards is subject to issuer’s terms and conditions. All prize details that are not expressly specified in these Official Rules will be determined by Sponsor in its discretion. No substitution, cash redemption or transfer of the right to receive a prize or any prize component is permitted, except in the discretion of Sponsor, which has the right to substitute any prize or prize component with a prize or prizes of equal or greater value selected by Sponsor in its discretion. Each prize consists only of the item(s) expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of each prize are the responsibility of the winner. Each prize is awarded “as is” and without any warranty, except as required by law. All federal, state and local taxes on the value of each prize are the responsibility of the winner. All prizes will be awarded if properly claimed. Sponsor has the right, but not the obligation, to award additional prizes (i.e. more than 10 prizes) as it may determine in its discretion.
6. GRANT OF RIGHTS: By participating in and/or entering the Drawing, each entrant irrevocably grants to Sponsor and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice, biographical information, Answers and/or statements attributed to the entrant (“Personality Rights”), in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.
7. RELEASE AND LIMITATION OF LIABILITY: By participating in and/or entering the Drawing, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless Earnest Operations LLC, each of the Licensees, all other companies involved in the development or operation of the Drawing, all other companies involved in the provision of any prize or prize component or the marketing or promotion of the Drawing, SurveyMonkey and the directors, officers, employees and agents and contractors of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Drawing, participation in the Drawing, the use of SurveyMonkey, the provision, acceptance or use of any prize or prize component, or any use of the entrant’s Personality Rights as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right or (c) or based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Drawing, the use of SurveyMonkey, or the provision, acceptance or use of any prize or prize component. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical, printing, production, distribution or other error and may modify, rescind, cancel or revoke this Drawing based upon any such error without liability and at Sponsor’s sole discretion. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of SurveyMonkey, communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Drawing.
8. GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Drawing at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of the Sponsor corrupts the administration, integrity, security or proper operation of the Drawing or if for any other reason Sponsor is not able to conduct the Drawing as planned (including without limitation in the event the Drawing is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order) or in the event of any change to the terms governing the use of Facebook or the application or interpretation of such terms. In the event of termination of the Drawing, an email will be sent notifying all invited clients and winners will be selected from all eligible entries received as of the date of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Drawing any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of SurveyMonkey or the Drawing by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS DRAWING OR UNDERMINE THE LEGITIMATE OPERATION OF THIS DRAWING IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the person identified as the registered account holder of the Earnest loan. All federal, state and local laws and regulations apply. All materials submitted in connection with any entry become the property of Sponsor and will not be verified or returned. By participating in this Drawing, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor (including, without limitation, all decisions regarding determination of correct answers and of winners), which are final and binding in all respects. Sponsor, in its sole discretion, will determine the validity of each entry. If Sponsor determines or believes that any entry is fraudulent, illegitimate or invalid, or that any entrant has failed to comply with or has violated any provision of these Official Rules, Sponsor will have the right in its discretion to disqualify any affected entrant. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. In the event of any conflict between these Official Rules and any Drawing information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
9. DISPUTES: By entering the Drawing, 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 Drawing 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 Drawing, 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 Drawing 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 Licensees 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 Drawing 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 in advertising or marketing materials), these Official Rules shall prevail.
10. BINDING ARBITRATION: The parties waive all rights to trial in any action or proceeding instituted in connection with these Drawing Official Rules and/or this Drawing. Any controversy or claim arising out of or relating to these Drawing Official Rules and/or this Drawing 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.
11. USE OF INFORMATION: By participating in the Drawing, each entrant agrees that information submitted via SurveyMonkey in connection with the Drawing 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 Drawing (including winner notification and provision of winners’ names when requested).
12. WINNERS’ NAMES AND RULES REQUESTS: For the names of the winners, available approximately four weeks after the conclusion of the Drawing, or a copy of these Official Rules, send a self-addressed, stamped envelope to: Earnest Operations LLC, c/o Marketing Department, 303 2nd Street, Suite 401N, San Francisco, CA 94107.
13. Earnest Operations LLC, 303 2nd Street, Suite 401N, San Francisco, CA 94107. The Drawing is in no way sponsored, endorsed or administered by, or associated with, SurveyMonkey.