NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE IN THIS PROMOTION. THIS PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF PARTICIPATION SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
- Promotion Sponsor. This promotion is sponsored by Qapital, Inc. (“Qapital”), a Delaware corporation located at 304 Hudson Street, 5th Floor, New York, New York 10013.
- Eligibility. The Show Us Your Goal promotion (this “Promotion”) is open to United States residents who are at least 18 years of age or older at time of entry. Qapital reserves the right to refuse to award a prize to a minor or to an adult accepting on behalf of a minor. The officers, directors, employees, contractors, and agents of Qapital, as well as its affiliates and successor companies (collectively “Affiliates”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any Promotion and are not eligible for entry. 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. Participants who have won a Qapital Promotion in the last 30 days or who have won prizes or other awards from Qapital valued over $600 in the last 12 months are ineligible.
- How to Enter. To create an “Entry Submission”: (1) download and install the Qapital mobile application; (2) start a new Savings or Invest goal; (3) follow @qapital on Instagram; (4) post a photo or story of your new Savings goal, or DM a photo of your new Savings goal to @qapital; and (5) tag the influencer who posted the Promotion announcement, @qapital, and a friend in your post. To participate, you will need to have an Instagram account, which is subject to Instagram’s applicable terms and conditions (http://instagram.com/about/legal/terms/#). If you access Instagram using a mobile device, standard data rates of your wireless carrier may apply. Limit one entry per Participant.
- Timing. The Promotion will run for 30 days beginning on February 7, 2019. During that time, four individual influencers (each an “Influencer”) will post one call for entries (each a “Call for Entries Post”) at varying times. Each Entry Submission must be received within 48 hours of the Call for Entries Post posted by the Influencer tagged in your Entry Submission. One winner per Influencer will be selected at random (each a “Winner”) and announced by Qapital within three days of the Promotion closing. Within 5 business days following the announcement of the Winners, Qapital will deposit a cash prize of $1,000 (the “Prize”) into each Winner’s Qapital Savings account, and will notify each Winner via email of such deposit using the email address located in the Winner’s User Profile in his or her Qapital Account.
- Promotion Suspension, Modification, or Cancellation. Qapital reserves the right to cancel, terminate, modify or suspend the Promotion 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, 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 Promotion. The decision of Qapital to cancel, terminate, modify or suspend any Promotion shall be at Qapital’s sole discretion and final in all respects.
- Prizes. Each Winner will receive the Prize (valued at $1,000). The odds of winning depend entirely on the number of Entry Submissions received. Taxes are the sole responsibility of each Winner. Qapital reserves the right to substitute any prize with a similar prize of equal or greater value, at its sole discretion. Qapital shall have all rights to copy, edit, broadcast, publish and use, in whole or in part, any Entry Submission in any manner without further compensation (except where prohibited by law). If any Prize, Prize notification or attempted notification is returned undeliverable, the Prize will be forfeited and may be awarded to an alternate winner, in Qapital’s sole discretion. Unclaimed Prizes may not be awarded.
- Taxes, Fees, and Expense. All costs and expenses associated with a Winner’s acceptance and use of a prize not specified herein as being provided as part of the prize are the sole responsibility of the Winner. A winner is solely responsible for reporting and paying all applicable federal, state, and local taxes related to the Prize. The value of the Prize awarded to a winner will be reported for tax purposes as required by law.
- Personal Information; Publicity. Acceptance of a Prize shall constitute each Winner’s agreement and consent that Qapital and its designees may use the Winner’s name, social media account profile(s), likeness, photo, Entry Submission, and/or Prize information in connection with the Promotion for promotional, advertising or any other legal purposes, worldwide, in any and all media now known or hereafter devised, without limitation and without further payment, notification permission or other consideration, except where prohibited by law.
- Release. Each Participant, including each Winner, expressly agrees to defend and hold harmless Qapital and all of its Affiliates (collectively, the “Released Parties”) from and against any claim or cause of action, known and unknown, arising out of or in any way related to the Promotion, these official rules, any Entry Submission, the negligence of any of the Released Parties, and the acceptance, possession, misuse or use of any Prize. In addition, each Participant acknowledges and agrees that the Released Parties are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (a) incomplete, lost, late, or misdirected entries or for failure to receive or process entries due to any cause, including without limitation, human, transmission, or technical problems, failures or malfunctions of any kind, howsoever originating, that may limit a Participant’s ability to participate in the Promotion; or (b) any injury or damage resulting from participation in the Promotion and/or the use or misuse of a Prize, including without limitation, claims, costs, injuries, losses, and damages, or damages related to or based on the Participant’s rights of publicity or privacy, or the Participant’s claim that he or she has somehow been defamed or portrayed in a false light.
To the fullest extent permitted by law, under no circumstances will a Participant or Winner be permitted to obtain awards for, and each Participant and Winner hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages arising out of or related in any way to the Promotion, these Official Rules, Participant’s Entry Submission, the negligence of any of the released parties, and the acceptance, possession, misuse, or use of any prize. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to each Participant.
- Instagram Disclosure. Although this Promotion may be advertised or promoted on the Instagram accounts of Qapital or another, this Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Participants are providing their information to Qapital and not to Instagram. The information a Participant provides will only be used by Qapital. By entering, Participants provide a complete release of Instagram from any and all responsibilities implied or provided by Qapital.
- Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the Participants or Qapital in connection with the Promotion shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws, and any matters or proceedings shall take place in courts located in New York, New York. In that context, and without limiting the generality of the foregoing, each Participant shall irrevocably and unconditionally (a) agree that all claims related to this Promotion or the Rules shall be heard and determined in such New York state court or, to the extent permitted by law, in such federal court; (b) waive all right to trial by jury in any proceeding (whether based on contract, tort or otherwise) arising out of or relating to this Promotion or these Rules; and (c) agree that 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, without resort to any form of class action.
- Winner’s List. To obtain a copy of these Rules or any legally required Winner’s list, send a self-addressed stamped envelope (except residents of VT may omit return postage) to Qapital at the address provided in Paragraph 1 of these Rules. A request for a winner’s list must be received within 90 days of the end of the Promotion.
- Severability. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Qapital reserves the right in its sole discretion to supplement or make changes to these Rules without notice.