Official Qapital survey sweepstakes official rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE

Qapital, Inc. (“Qapital”) is giving Qapital customers a chance to win a $100 deposit into a Qapital Goal in the Qapital Survey Sweepstakes (the “Sweepstakes”). This Sweepstakes is governed by these Official Rules (“Rules”). Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Sweepstakes (“Participant”) agrees to be bound by the terms and conditions provided in these Rules, as well as by all interpretations of these Rules by Qapital and by all other decisions of Qapital, which are final and binding in all matters relating to the Sweepstakes.

NO PURCHASE NECESSARY:

No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.  BUYING WILL NOT HELP YOU WIN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES.

APPLICABLE LAW (VOID WHERE PROHIBITED):

The Sweepstakes is subject to and governed by applicable federal, state and local laws and regulations. Participation in this Sweepstakes is void where prohibited or otherwise restricted by law.

SWEEPSTAKES CANCELLATION, SUSPENSION OR MODIFICATION:

Qapital reserves the right to cancel, terminate, modify or suspend the Sweepstakes if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs”, tampering, unauthorized intervention, error, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Sweepstakes. The decision of Qapital to cancel, terminate, modify or suspend any Sweepstakes shall be final in all respects.

SWEEPSTAKES DESCRIPTIONS:

The Sweepstakes begins on August 28, 2019 at 9:00AM ET and ends on September 24, 2019 at 11:59PM ET(the “Entry Period”).  During the Entry Period, Participants can enter by responding to the survey delivered by Qapital via email or in-app (the “Survey”). Each Participant can enter only once by responding to the Survey.  Within five (5) business days following the end of the Entry Period, Qapital will randomly select one (1) Participant (the “Winner”) to receive a $100 deposit into a Qapital Ggoal (the “Prize”).

ELIGIBILITY:

Geographical, Age and Parental Consent Requirements:The Sweepstakes is open to the legal United States residents who are at least eighteen (18) years of age or older at time of entry and who had a Qapital account prior to the beginning of the Entry Period.  Qapital reserves the right to refuse to award a prize to a minor or to an adult accepting on behalf of a minor.

Sweepstakes Entity and Immediate Family Member Ineligibility:The officers, directors, employees, contractors, and agents of Qapital as well as its parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Sweepstakes Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any Sweepstakes and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.

HOW TO ENTER:

During the Entry Period, eligible participants can enter in the following different ways:

Via the Internet:

During the Entry Period, eligible Participants can click on or go to https://www.surveymonkey.com/r/TMRPVSP to complete the survey located there consistent with the entry instructions located at https://www.qapital.com/terms/member-survey-august-2019. All Participants must accurately complete all required fields or entry will be deemed invalid.  In order to participate you will need Internet access and a valid email address. Limit one entry per person.

Entries Are the Sole and Exclusive Property of Qapital: All Sweepstakes entries and/or related submissions become the sole and exclusive property of Qapital upon transmission subject to Qapital’s privacy policy located at http://www.qapital.com/privacy. Sweepstakes entries will not be returned and may be used by any Sweepstakes Entity for any purpose whatsoever related to any Sweepstakes, without additional compensation to the participant or any other individual or entity.

False Fraudulent or Deceptive Entries or Acts:Participants who, in the view of Qapital, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Sweepstakes will be disqualified. Fraudulent actions are subject to criminal prosecution.

PARTICIPATION PROBLEM DISCLAIMER:

Even if alleged to be caused by the sole or partial negligence of Qapital, Qapital is not responsible for any problems which affect or result from participation or attempted participation in the Sweepstakes. This includes but, is not limited to, the following problems:

  1. Incorrect, incomplete or inaccurate entry information;
  2. Human errors;
  3. Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
  4. Inability to send a text-message;
  5. Identity theft;
  6. Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
  7. Network hackers or other unauthorized access to Qapital’s computer network;
  8. Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
  9. Printing errors;
  10. Equipment malfunctions; and
  11. Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.

PRIZES:

One Winner will receive the Prize (valued at $100).  No transfer, assignment or substitution of a prize is permitted, except Qapital reserves the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable.  Any difference between the actual value and the approximate retail value of any prize will not be awarded.  No substitution or cash equivalent will be made.

TAXES:

The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one-year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.

ODDS OF WINNING:

The odds of winning will depend on the number of eligible entries received.

WINNER SELECTION:

One Winner will be selected by random drawing by Qapital within five (5) days following the end of the Entry Period from among all eligible entries received.  The Winner will be contacted by Qapital by email within ten (10) days following the end of the Entry Period.

HOW TO CLAIM A PRIZE:

Claiming the Prize: The Winner must claim the Prize by confirming, via email or other written method, the Qapital Goal into which Qapital will deposit the Prize and by delivering via email or other method the identification required below.  Failure by the Winner to claim the Prize and deliver such identification within five (5) business days of Qapital notice to the Winner may lead to forfeiture of the Prize.

Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide an electronic copy of: a valid government-issued photo identification depicting proof of age. Qapital may also require a winner’s affidavit of eligibility.  Qapital reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in Qapital’s sole discretion.

Prize Forfeiture: Any winner who fails to comply with the Prize claim procedures above and fails to obtain an extension from Qapital, will forfeit the prize. Qapital will select a new winner at random from other eligible entrants, to award unclaimed prizes to alternate Sweepstakesants.

Additional Costs: Any costs relating to the Prize or its use in/through the Qapital app are the sole responsibility of the winner.

WARRANTIES AND REPRESENTATIONS:

By entering and participating in the Sweepstakes, and in consideration thereof, each Participant individually warrants and represents to Qapital that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules, all applicable laws and regulations and the decisions of Qapital; and (iii) waive any rights to claim ambiguity with respect to these Rules.

RELEASE OF LIABILITY AND INDEMNIFICATION:

As consideration for entering the Sweepstakes, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Qapital, or any other Sweepstakes Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties. PARTICIPANTS UNDERSTAND THAT EACH PARTICIPANT IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTANDS, AND HEREBY EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Additionally, as consideration for entering the Sweepstakes, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedlycaused in whole or in part by the strict liability or negligence in any form of the Released Parties.

PUBLICITY RELEASE:

Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Qapital and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Sweepstakes on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Qapital and/or the Released Parties deem proper.  Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation on-air.

DISQUALIFICATION:

All Participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated.  Qapital, in its sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) gaining an unfair advantage in participating in the Sweepstakes; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.

CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY SWEEPSTAKES, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 

RULES CHANGES AND INTERPRETATIONS:

Qapital reserves the right in its sole discretion to supplement or make changes to these Rules as well as the rules of any Sweepstakes at any time without notice. Qapital reserves the right in its sole discretion to interpret the rules of any Sweepstakes, and such interpretation shall be binding upon all participants.

AGREEMENT TO ARBITRATE:

To the fullest extent permitted by law, by participating in the Sweepstakes, a Participant understands and agrees that:

  1. the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);
  2. any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
  3. any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event and under no circumstances will Participants be permitted to obtain awards for attorneys’ fees, and Participants hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
  4. any claim or dispute regarding the Sweepstakes or these Rules will be resolved pursuant to the laws of New York, without regard to the conflicts of laws and rules of New York;
  5. any claim or dispute regarding the Sweepstakes or these Rules will be resolved in a tribunal within the state of New York, and Participants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
  6. if for any reason a claim or dispute regarding the Sweepstakes or these Rules proceeds in court rather than through arbitration, there will not be a jury trial.

The invalidity or unenforceability of any provision of these Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision.  If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.

GENERAL RULES/LIST OF WINNERS:

Copies of these Rules may be obtained by sending a self-addressed stamped envelope to:  Qapital Survey Sweepstakes Rules, 245 Fifth Avenue, 16th Floor, New York, NY 10016. These Rules may also be found at https://www.qapital.com/terms/member-survey-august-2019.

SPONSORS:

Qapital, Inc.
245 Fifth Avenue, 16thFloor
New York, NY 10016