RiftPay Refer-a-Friend Contest Terms and Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW.
These Refer-a-Friend Contest Terms and Conditions (" Official Rules") apply to the RiftPay Refer-a-Friend Contest described herein (the " Contest") as sponsored Rift Pay, Inc., a Delaware corporation located at 6816 Deloache Ave., Dallas, TX 75225 (" Sponsor," " we," " our," or " us"). These Official Rules govern your participation in the Contest and your referral of other individuals (" Referrals") to the Sponsor's mobile application, shareable banking platform, and corresponding services that allows you to share banking and payments with groups, friends, and family (collectively, " RiftPay"). These Official Rules constitute a binding agreement between you (" you") and Sponsor.
Contest. The Contest begins at 12:00 AM Central Standard Time on April 28, 2021 and ends at the later of: (a) 11:59 PM Central Standard Time on December 31, 2021 or (b) the full launch and general availability or release (non-Beta launch) of RiftPay on the Apple App Store (" Contest Period").
General Eligibility. Contest is open only to individuals who are legal residents of the fifty (50) United States or the District of Columbia (the " Permitted Territory") who are at least eighteen (18) years of age as of the time of the Contest. An " Eligible Referral" means a separate individual who is a legal resident of the Permitted Territory who is at least eighteen (18) years of age as of the time of the Contest and has not already created a RiftPay user account. Employees and affiliates of the Sponsor, as well as their immediate family members (meaning any domestic partner or relative who resides at employee's or affiliate's residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not eligible to enter the Contest.
By entering the Contest, you are representing and warranting that :
you are eighteen (18) years of age or older;
you are physically located in the Permitted Territory, and notwithstanding anything to the contrary in these Official Rules or otherwise, you are in a jurisdiction in which the Contest is not prohibited by applicable law or these Official Rules;
you are not an employee or affiliate of the Sponsor, or the immediate family member of an employee or affiliate of the Sponsor;
you will only provide us with information that is true, accurate, complete, and not misleading;
you will cooperate in the confirmation or any investigation regarding any information that you provide to Sponsor, including but not limited to information regarding your identity or eligibility;
you will abide by these Official Rules and with any other agreements between you and Sponsor regarding your registration of an account with or use of RiftPay at all times; and
you will comply with any and all applicable laws, statutes, ordinances, or regulations.
Contest Prohibitions. Sponsor, at its sole discretion, may disqualify any Contest participant from the Contest, refuse to award benefits or prizes and require the return of any prizes, if the Contest participant engages in conduct or otherwise utilizes any information Sponsor deems to be improper, unfair or otherwise adverse to the operation of the Contest, or is in any way detrimental to other Contest participants. By participating in the Contest, you agree that conduct which is deemed improper and prohibited by these Official Rules includes, but is not limited to:
self-referral, or the creation or control of more than one (1) personal account on RiftPay without Sponsor's express written authorization (including, but not limited to, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information);
providing any false, inaccurate or misleading information in attempting to submit fraudulent or improper Referrals to RiftPay (including, but not limited to, referring or attempting to refer businesses, legal entities, or any party other than a natural person located in the Permitted Territory or referring or attempting to refer individuals who are already registered account holders of RiftPay);
creating any fake accounts, profiles, or messages on RiftPay;
tampering or attempting to tamper with, manipulating, influencing the RiftPay app, platform, services, or any Sponsor security measures;
acting in a manner that is defamatory, trade libelous, threatening, hateful, abusive or harassing to any Sponsor employee, agent, or user of RiftPay (including, but not limited to, posting content that threatens violence to others, is in furtherance of illegal activities, or is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability);
using automated means (including but not limited to scripts, third-party tools, bots, or web scrapers) to interact with RiftPay in any way;
using automated means (including but not limited to scripts, third-party tools, bots, or web scrapers) to obtain, collect or access any information on RiftPay or of any other RiftPay user for any purpose;
sending unsolicited and unauthorized referral submissions as Sponsor may reasonably determine in its sole discretion (including, but not limited to, sending bulk email distribution, submission or distribution to strangers, or any other promotion of RiftPay that would constitute or appear to constitute unsolicited commercial email or "spam");
posting your referral link to any web page, profile, site, or blog that is not owned and controlled by you (including, but not limited to, any merchant or forum page on social media sites);
placing or mentioning Sponsor logos, trademarks, or tradenames in any ad text, extensions, or banner ads;
using paid advertising for the purpose of generating traffic directly to your referral link;
misleading or attempting to mislead anyone in connection with the Contest or the purpose of RiftPay (including, but not limited to, misrepresenting your relationship with us or posing as a Sponsor representative in an official capacity).
If for any reason, Sponsor determines that you have failed to follow these rules, we reserve the right to (i) prohibit any and all current or future use of RiftPay services by you; (ii) limit and/or close or suspend your RiftPay account, immediately and without penalty to us, (iii) hold any funds in your RiftPay account for up to 180 days if reasonably needed to protect against the risk of liability; (iv) update any inaccurate information you have provided to us; and (v) take legal action against you. If we have reason to suspect, or learn that anyone is violating these Official Rules, we may investigate and take immediate internal business measures to prevent participation as well as legal action as necessary, including, without limitation, bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including, without limitation, cooperating with and assisting law enforcement or government agencies in any investigations resulting from your alleged illegal conduct.
ANY ATTEMPT BY A CONTEST PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE RIFTPAY APP OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Contest Participation. You may participate in the Contest by first signing up or registering for RiftPay. You will be provided with a referral link to sign up or register for RiftPay. You may use the referral link provided to invite friends or family via email, text, or social media. If the individual you invite is an Eligible Referral and signs up for RiftPay via the website, then you will receive ten (10) points for such sign-up (each, a " Qualified Referral"). Sponsor will rank the participants on a public leaderboard by the number of points earned by such person during the Contest Period. The public leaderboard shall identify the top 3 spots and number of points earned by each participant from Qualified Referrals.
You may withdraw from the Contest, or terminate your RiftPay account, at any time.
- Prizes and Prize Eligibility. Prizes will be awarded to winning participants on or after the expiration of the Contest Period. In order for a participant to be eligible to win a prize, such participant must retain an active account with RiftPay at the time of expiration of the Contest Period.
Top 10 Participants
The Contest participants ranked 1-10 on the leaderboard at the expiration of the Contest Period will each receive $1,000 in cash, to be deposited in the participant's account.
Participants Ranked 11-100
The Contest participants ranked 11 through 100 on the leaderboard at the expiration of the Contest Period will each receive $20 in cash, to be deposited in the participant's account.
- Winner Notification & Prize Restrictions. Each potential winner will be notified by email within five (5) business days of Sponsor's selection at the email address associated with the participant's account. You acknowledge and agree that, in order for a potential winner to claim a prize, you must complete and submit to Sponsor a signed affidavit of eligibility, including a liability or publicity release (unless prohibited by law) in the form provided by Sponsor (the " Declaration of Compliance and Prize Validation") as well as appropriate tax forms and forms of identification as reasonably requested by Sponsor in order to complete payment of a prize. Such Declaration of Compliance and Prize Validation and tax forms must be submitted via the method required by Sponsor (electronic or physical) within 72 hours of the time that notice or attempted notice is sent by Sponsor.
If you cannot be contacted, or fail to submit the Declaration of Compliance and Prize Validation within the required time period, then you forfeit the prize. In the event that a potential winner forfeits a prize or is otherwise disqualified for any reason, Sponsor may award the applicable prize to an alternate Contest participant by removing the disqualified participant from the leaderboard and updating the leaderboard rankings accordingly (based on points scored at the expiration of the Contest Period).
Each winner is fully responsible for any and all applicable federal, state, territory, and local taxes (including income and withholding taxes). Prizes are non-transferable and non-assignable.
Failure to comply with any of the above requirements may result in disqualification and forfeiture of any prizes. We may also conduct checks for Official Rules compliance, including anti-fraud checks on RiftPay users and Referrals, before permitting payment. Disqualification or forfeiture of any prizes may also occur if it is determined that a potential winner did not comply with these Official Rules in any manner.
Processing prize payments may take up to five (5) business days; provided, however, that Sponsor reserves the right to limit and/or close or suspend your RiftPay account and delay prize payment pending completion of any investigation of reported or suspected abuse by you. If you are declared a winner and do not receive a notification of a prize payment to the email address associated with your account within five (5) business days of the conclusion of the Contest Period, please contact customer support at firstname.lastname@example.org.
- Taxation. All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes is challenged by any legal authority, Sponsor reserves the right in its sole discretion to determine whether or not to award such prizes.
All winners who have won $600 USD or more must provide updated address and social security details to Sponsor. These details will be used to allow Sponsor to comply with tax regulations and may be shared with appropriate tax authorities. In compliance with United States Internal Revenue Service regulations, Sponsor may be required to submit a Form 1099-MISC, Miscellaneous Income (Form 1099) to the Internal Revenue Service (IRS) or other appropriate form to any person who wins in excess of $600 USD through the Contest. Depending on the jurisdiction in which you reside, Sponsor may require you to complete a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification and additional tax forms. This information will be used to file the Form 1099 with the IRS. Sponsor reserves the right to withhold (from net winnings) any amount required to be withheld by law. You remain solely responsible for filing and paying all federal and other taxes in accordance with the federal, state, or local laws that apply to you. Sponsor does not provide tax advice, nor should any statements in these Official Rules or any agreement with Sponsor be construed as tax advice.
Cancellation of Contest. Sponsor reserves its right to, at any time and for any reason in its sole discretion, suspend or terminate the Contest, change these Official Rules, or substitute any elements of the prize with different items, which may or may not be comparable in value.
Publicity. By entering the Contest, you consent to the use of your name, likeness, profile photo, and/or location by Sponsor, its service providers, and its business partners, in connection with the development, production, distribution, marketing and promotion of the Contest and RiftPay generally, unless otherwise prohibited by law . Sponsor and its business partners reserve the right to make public statements about the Contest participants and winners , on-air, on the Internet, or otherwise, prior to, during, or following the Contest. Contest participants agree that Sponsor may announce any winner's name on-air, on RiftPay, or in any other location at any time in connection with the marketing and promotion of the Contest or RiftPay. You agree that participation in, and where applicable the winning of a prize in connection with the Contest, each constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER IN A PUBLIC CONTEST, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME, OR RIFTPAY USERNAME, PLACED ON A WINNERS' LIST.
- Indemnification for Contest Entry. By entering into the Contest or accepting any prize, you agree to indemnify, release and to hold harmless Sponsor, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the " Released Entities"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. Sponsor may, in its sole and absolute discretion, require potential winners to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECTTO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF RIFTPAY AND/OR ENTRY IN THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Dispute Resolution, Arbitration & Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Except where prohibited, as a condition of participating in the Contest, each participant agrees that any dispute, claim or controversy arising out of or relating to these Official Rules (including their formation, performance and breach) and your use of RiftPay shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the "AAA"), excluding any rules or procedures governing or permitting class actions. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Official Rules, including, but not limited to any claim that all or any part of these Official Rules are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration rules also permit you to recover attorney's fees in certain cases. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The arbitration will take place in Dallas County, in the State of Texas.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. Y OU AND SPONSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (" intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt-Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to Sponsor. The notice must be sent within 30 days of your first use of RiftPay, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Sponsor also will not be bound by them.
Changes to this Section
Sponsor will provide 30-day notice of any changes to this section. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.
For any dispute not subject to arbitration you and Sponsor agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Dallas County, Texas. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Official Rules and the relationship between you and Sponsor shall be governed by the laws of the State of Texas without regard to conflict of law provisions.
- Governing Law. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Dallas in the State of Texas. The parties agree not to raise the defense of forum non conveniens.