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Swipe to Win for the Expensify Card: Terms and Conditions
Swipe to Win
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: The Swipe to Win (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia and all US Territories who are of the age of majority in the jurisdiction in which they reside and are employed by a company that has the Expensify card. Employees of Expensify, Inc. (“Sponsor”) and its parent, affiliates, subsidiaries, advertising, promotion and fulfillment agencies (collectively, “Related Entities”) and members of their immediate family or household of each are not eligible. Void where prohibited by law. This Sweepstakes is subject to all applicable federal, state and local laws and regulations.
2. SPONSOR: Expensify, Inc., 548 Market Street, #61434, San Francisco, CA 94104.
3. TIMING: Sweepstakes begins on June 15, 2020 at 12:01 AM Eastern Time and runs continuously until terminated by the Sponsor.
4. TWO (2) WAYS TO EARN A SWIPE:
- Making a Purchase Using Your Expensify Card: You will automatically be entered into the Sweepstakes with one (1) Swipe every time you make a purchase using your Expensify credit card.
- Mailing In: You will automatically receive one (1) Swipe when on a plain 3” x 5” card, you legibly write your name, complete address, city, state, zip code, phone number (including area code), and email address (associated with your company). Then, mail your 3” x 5” card in a postage-affixed sealed envelope to: “Swipe to Win – Entry c/o Expensify, 401 SW 5th Ave, Portland, OR 97204”. All mail-in Entries must be handwritten. No mechanically or programmatically reproduced mail-in entries are permitted and will be void. One mail-in entry per envelope. Only entries that fully comply with the mail-in entry requirements as set forth herein, including information that is complete and legible, will be eligible for the Sweepstakes.
Each method of entry is collectively known as a “Swipe”. Entrants must meet all eligibility requirements listed herein. Use of agencies or robotic, repetitive, programmed or similar entry methods is prohibited. All entrants agree to abide by these Official Rules and waive any right to claim ambiguity in this Sweepstakes or these Official Rules and to conform to all federal, state, municipal, and local laws. All entries become the property of Sponsor and will not be acknowledged or returned. Neither Sponsor, nor any telephone network, nor any service provider is responsible for incorrect transcription of Entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures or any telephone network, computer equipment, software, inability to access any website or online service, or any other error or malfunction, or late, lost, illegible, incomplete, damaged, or misdirected entries or entries not properly forwarded to Sponsor.
5. WINNER DETERMINATION: Every time there is a Swipe the Sponsor will randomly provide the entry a 1:250 chance of winning. Odds of winning are 1:250.
6. NOTIFICATION OF WINNING: Potential Winner that entered via the Expensify card will be notified by in-App notification immediately after the winning Swipe. If the potential Winner does not respond to the in-App notification within 24 hours the opportunity to send a Smile or Laugh will be forfeited. Potential Winner that entered via mailing in will be notified by email using the email address provided with entry and will be required to respond to such email notification within 24 hours or the opportunity to send a Smile or Laugh will be forfeited. Non-winners will not be notified. Within 24-hours of notification, the winner will be required to inform the Sponsor who it wants to be the recipient of the Smile or Laugh (as described below in Section 8). If the winner does not provide such details to Sponsor within 24 hours of notification in the manner required, the opportunity to send either a Smile or Laugh is void.
7. EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THERE IS A NOTIFICATION THAT INDICATES, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL INSTANT WINNER HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY SWIPE THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE SWIPE, IS VOID AND WILL NOT BE HONORED.
8. SMILE or LAUGH: Each winner will determine who will be sent the Smile or Laugh. The Smile will be a champagne set including sparkling wine and two flutes. The winner will be required to provide the email and name for the recipient for the recipient of the Smile. The Smile can only be shipped to an address in the United States, which will be provided by the chosen recipient. The winner will be notified that their chosen recipient will be receiving alcohol. The chosen recipient will also be required to confirm they are above the age of 21. The Smile has an approximate retail value of $100. The Laugh will be a tumbling tower set. The winner will be required to provide the email and name for the recipient of the Laugh. The Laugh can only be shipped to an address in the United States, which will be provided by the chosen recipient. The Laugh has an approximate retail value of $60.
No substitution of any Smile or Laugh is permitted. Smile or Laugh cannot be redeemed for cash. Entrants agree that if a winner or recipient of Smile or Laugh is found to have violated these Official Rules, or otherwise does not meet the eligibility criteria, that Smile or Laugh will be forfeited. Sponsor reserves the right to substitute any Smile or Laugh for a different item of equal or greater value, in its sole discretion.
9. RELEASE: By participating, entrants, winners and Smile or Laugh recipients agree to release and hold harmless Sponsor, its affiliates, partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Sweepstakes cannot take place or if the prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
You further agree to expressly and forever waive all rights under Section 1542 of the Civil Code of California (“Section 1542”) (or any similar law applicable to your jurisdiction) which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.
You acknowledge that you have had an opportunity to review these Official Rules, and Sponsor’s privacy policies, and understand them. You acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Released Entities, and that this release will be binding upon an entrant’s and winner’s heirs, executors, and administrators, and anyone claiming by or through an entrant or winner.
10. GENERAL: By entering this Sweepstakes, entrants, Winner and Smile or Laugh recipients: (1) agrees to be bound by these Official Rules; (2) agrees to release Sponsor and the Related Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Sweepstakes, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) Winner consents to the use of his/her full name, hometown city and state, voice, picture, likeness and content for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law, and (4) acknowledged that the stated parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsor may prohibit individuals from participating in Sweepstakes and disqualify entries if they (1) attempt to enter the Sweepstakes through any means other than as described in these Official Rules; (2) attempt to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules in any way; or (3) repeatedly show a disregard for the Sweepstakes Official Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor’s decisions with respect to the Sweepstakes are final. In the event the Sponsor or Related Entities are prevented from continuing with this Sweepstakes or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s or Related Entities’ control (each a “Force Majeure” event) the Sponsor and Related Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor or Related Entities, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor and Related Entities reserve the right, but shall have no obligation, to award the prizes from among all valid and eligible entries received up to the time of such Force Majeure event.
If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion terminate the Sweepstakes. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor and Related Entities are not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. SPONSOR IS NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
11. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
12. GOVERNING LAW & JURISDICTION: The Official Rules and the Sweepstakes are governed by U.S. law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in “Binding Arbitration” Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of San Francisco.
13. WINNER’S LIST: To obtain a Winner’s List, send a stamped, self-addressed envelope to: Swipe to Win – Winner’s List c/o Expensify, 401 SW 5th Ave, Portland, OR 97204. Your request must include the thirty-day period that you want the winner’s list for.