NO PURCHASE NECESSARY TO PLAY OR TO WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The MoneyMaker™ Giveaway (the “Giveaway”) is sponsored by MoneyMaker™ (“MoneyMaker™”). By entering the Giveaway, you agree to comply with and be bound by the following MoneyMaker™ Giveaway Rules (the “Giveaway Rules”). Please review the Giveaway Rules carefully. If you do not agree to the Giveaway Rules in their entirety, you are not permitted to enter the Giveaway.
The Giveaway is open only to individuals that are legal residents of, and living in, the United States, who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) and that can enter into legally binding contracts under applicable law. The Giveaway is expressly void in Puerto Rico and where otherwise prohibited by law. The approximate retail value (“ARV”) of the Prize (as defined below) is shown with the description of the Prize. Residents of New York, Florida and Rhode Island are not eligible to participate or claim a Prize in the Giveaway where the ARV of the Prize is more than Five Thousand Dollars ($5,000.00). Employees, officers and directors of MoneyMaker™, its legal representatives, affiliates, parent, subsidiaries, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize in the Giveaway.
LIMITED TIME ONLY:
The Giveaway commences when the applicable Giveaway is first posted by and through the MoneyMaker™ mobile application (the “App”) and ends on the Giveaway Termination Time (“Giveaway Period”). For purposes of these Giveaway Rules, the “Giveaway Termination Time” means the earlier to occur of: (a) 12:00am Pacific Standard Time on the date that is one hundred and eighty (180) days after the date that the Giveaway is first posted by and through the App or (b) the time that is set forth at the top of the Giveaway page (“Giveaway Termination Time”). Entries must be received prior to the Giveaway Termination Time to be eligible for a Prize.
HOW TO ENTER:
In order to complete the Giveaway entry process, each prospective entrant must provide his or her: (a) birth year and (b) user name (“Initial Registration Data”). Entrants who are potential Prize winners may be required to provide some or all of the following: (i) full name; (ii) mailing address; (iii) e-mail address; (iv) date of birth; (v) gender; (vi) Social Security Number; (vii) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; and (viii) any other information requested by MoneyMaker™ (“Prize Winner Data,” and together with the Initial Registration Data, the “Registration Data”). Entrants must update their Registration Data, as necessary, to remain eligible to win.
IDENTIFICATION OF ENTRANTS:
Each Entry will be identified by the applicable entrant’s user name and a unique user ID assigned to each entrant upon registration, as collected and stored in the Giveaway Database. For purposes of these Giveaway Rules, the “Giveaway Database” is defined as the entire list of valid Entries generated during the Giveaway Period. MoneyMaker™ will stop accepting Entries at the Giveaway Termination Time.
HOW TO WIN A PRIZE:
Within five (5) business days of the Giveaway Termination Time, MoneyMaker™ will randomly select one (1) Entry from the Giveaway Database using a proprietary randomized formula (“Winner Selection”) for the Prize. The potential Prize winner will be notified via an in-App notification within ten (10) days after Winner Selection. The potential Prize winner shall be subject to eligibility verification. The potential Prize winner will be required to provide Prize Winner Data within thirty (30) days following attempted notification.
Non-compliance within this time period may result in forfeiture of the applicable Prize. In addition, the potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture. In no case shall MoneyMaker™ be liable in any manner where a winner has not received notification sent from MoneyMaker™ or where MoneyMaker™ fails to receive a response from the potential Prize winner within the required response period.
The winning Entry, as well as the associated information of the potential Prize winner, must identically match the records maintained by MoneyMaker™ in order for a Prize to be awarded. In the event of a dispute, the information maintained by MoneyMaker™ will govern. Entries will be deemed made by the person under whose user name and user ID the Entry was submitted, regardless of who actually submitted the Entry.
A description of the Prize is set forth at the top of the Giveaway page. The Prize is non-transferable, and no substitution will be made except as provided herein, in MoneyMaker™ sole discretion. MoneyMaker™ reserves the right to substitute the Prize, or any portion thereof, for a substitute of equal or greater value for any reason. Some restrictions may apply.
All Registered Trademarks associated with the Prize are the property of the respective Trademarks Owners. Please be advised that MoneyMaker™ is not in any way affiliated with these merchants and the Giveaway is neither endorsed, nor sponsored, by the Trademarks Owners. The use of any Registered Trademarks without the Trademarks Owners’ prior express written consent is strictly prohibited.
ODDS OF WINNING A PRIZE:
The odds of winning a Prize depend on the number of entrants participating in the Giveaway and the number of eligible Entries earned by each such entrant during the Giveaway Period.
The Prize winner information can be found in the “ANNOUNCED” section on the “Giveaway” page.
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winner. MoneyMaker™ reserves the right to withhold taxes from the winning Prize, as appropriate. MoneyMaker™ reserves the right to file a form 1099-MISC for the Prize winner where the ARV of the Prize is Six Hundred Dollars ($600.00) or more.
NO SUBSTITUTION OF WINNERS:
No substitution or transfer of Prizes will be accommodated or permitted, other than as expressly set forth herein or in MoneyMaker™ sole discretion.
Giveaway entry constitutes permission for MoneyMaker™ to use entrants’ names, likenesses, reviews on Google Play® Store and other comments and photos in connection with the Giveaway on social media platforms for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
By entering the Giveaway, each entrant agrees to release and hold harmless MoneyMaker™, its representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Giveaway including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Giveaway Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Giveaway, these Giveaway Rules will govern.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Giveaway Rules shall be treated as though they were executed and performed in Palo Alto, California and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Giveaway, the Prize, the App, the terms and conditions of these Giveaway Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against MoneyMaker™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that MoneyMaker™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Giveaway.
MoneyMaker™, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Giveaway, as solely determined by MoneyMaker™, will be disqualified. If disqualified for any of the above reasons, MoneyMaker™ reserves the right to terminate entrant’s eligibility to participate in the Giveaway. In the event that any portion of the Giveaway is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of MoneyMaker™ which, in the sole opinion of MoneyMaker™, corrupts or impairs the administration, security, fairness or proper determination of the Giveaway, MoneyMaker™ reserves the right, in its sole discretion, to suspend or terminate the Giveaway or any part of the Giveaway, or any combination of the above. MoneyMaker™, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.
You agree to release, indemnify and hold MoneyMaker™, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents, 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: (a) your improper and/or unauthorized use of the App and/or participation in the Giveaway; (b) your breach of these Giveaway Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of MoneyMaker™ and its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Any attempt by any individual, whether or not a entrant, to damage, destroy, tamper with or vandalize the App, or otherwise interfere with the operation of the Giveaway, is a violation of criminal and civil law and MoneyMaker™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.