UGC Contest Terms & Conditions
General description of program:
Till Account Users can submit photos or videos of them using Till to enter the Contest. In the month of April, Till will select 5 winners who will receive $150 in their spend balance (or parent wallet for parent entrants). Till will have full usage rights to the content provided by the user.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST (DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW
ENTRY VIA EMAIL. A TILL ACCOUNT AND INTERNET CONNECTION ARE REQUIRED.
BY ENTERING THE CONTEST YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
UGC Contest Giveaway (“Contest”) is sponsored by Till Financial, 4 Bloom Street, Nantucket, MA 02554 for US Till Financial customers (“Sponsor” or “Till”).
The Contest is open only to legal residents of any of the fifty (50) United States and the District of Columbia who have a Till account. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, or their corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, and public relations agencies (collectively, the “Contest Entities”) are not eligible. For the purposes of the Contest, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply).
The “Contest Period” begins at 12 AM Eastern Standard Time (“EST”) on April 15, 2022 and ends at 12PM EST on April 30, 2022. Prize Winners will be selected during the Contest Period.
How to Enter:
To participate and enter this Contest, you will need a Till account.
If you don’t already have a Till Account, visit www.tillfinancial.io or visit your App Store and download Till. It is free to download Till and otherwise create a Till account. By submitting your information and creating a Till account, you will be required to agree to the Till terms of service and privacy notice. If you do not agree to the Till terms of service and privacy notice, you cannot create a Till Account.
To enter the Contest, eligible individuals (“Entrants”) must submit original content about their use of the Till app and/or debit card to UGCcontest@tillfinancial.io (an “Entry”) by 11:59PM on April 30, 2022.
Prize Winners will be chosen at random. Your odds of winning depend on the number of eligible Entries received.
The Prize Winners will be notified via email from Till (a “Winner Notification”). Prize Winners will receive prize funds directly in their Till account by May 13, 2022.
If any Winner Notification or other Contest communication is rejected or returned as undeliverable, if a potential Winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), if a Winner no longer has an active Till Account, the prize will be forfeited in Sponsor’s sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Sponsor’s sole discretion. Sponsor may only look to five (5) alternate winners for the applicable Prize, at which point the applicable Prize may be deemed unclaimed and Sponsor will have no further obligation with respect to such Prize. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Winner. If legitimately claimed in compliance with these Official Rules, the Prize will be awarded.
Five (5) people will win a prize with the cash value of $150 USD each (each a “Prize Winner”). Approximate Retail Value (“ARV”) of all Prizes: US$750.00.
The Prize Winners will receive their prize directly in their Till Account by May 13, 2022.
All Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and will not replace any lost or stolen Prize or any Prize that is undeliverable or does not reach the Prize Winner because of incorrect or changed contact information. Sponsor is not responsible for any inability of the Prize Winner to accept or use any Prize (or portion thereof) for any reason. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption to claim or use a Prize and any liability and publicity which might arise from claiming, seeking to claim, or using a Prize.
Content Usage Rights
Upon entering the Contest, entrants agree as follows:
To grant to Till Financial, and affiliates, and its successors in interest, and assigns Till the right, as may be applicable, to photograph, create, record, videotape, broadcast, telecast, or otherwise use, reproduce, publish and republish, perpetually and throughout the world (“Rights”), for all media now or hereafter known or devised, the name, likeness, voice, performance, photo, caricature, and all similar rights of personality of the talent designated below, on, incorporated into, or in connection with, the product, packaging, advertising, marketing, promotion, website, or otherwise in connection with any Till business purpose.
Till shall be the sole owner of all rights in any commercial or other media product using the Rights, with full authority to assign any of the Rights to any third party. All copyrights or other rights in and to the Rights are assigned to Till and shall automatically vest in Till pursuant to this Agreement. The Entrant agrees to execute any and all other documents requested by Till in connection with this grant and release. To the extent any assignment hereunder shall be determined to be invalid, the Entrant hereby grants unto Till a worldwide, assignable, royalty-free license, in perpetuity, to use the Rights.
No approval by the entrant shall be required for any use of the Rights. Till or its representative shall have the full right to modify, change, alter, or otherwise edit any of the materials which include the Rights herein granted.
Entrant hereby releases and discharges Till from any and all claims and demands arising out of or in connection with the use of the Rights, including without limitation, any and all claims for libel or invasion of privacy, and acknowledges and warrants that the Entrant has executed no agreement or entered into any arrangement which would prevent or prohibit the execution of this grant of Rights and release, or diminishes the effectiveness of its terms. Further, the Entrant hereby agrees to indemnify Till from and against any and all liability arising out of the exercise of the Rights granted by the above release.
Licenses and Approvals:
Entrants may not submit an Entry on behalf of someone else. By submitting an Entry, Entrant represents and warrants that Entrant meets all eligibility criteria for participation in the Contest. In addition, by submitting an Entry in this Contest, Entrant grants the Contest Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit the Entry, app goal screen image, prize information, and any quotes attributable to Entrant in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with the Contest, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Entrant releases all Releasees from any and all liability related thereto.
Limitation of Liability:
The Releasees (as defined below) are not responsible or liable for any of the following: (a) lost, late, misdirected, garbled, incomplete, inaccurate, or illegible Entries, e-mail, mail, Contest-related correspondence or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the creation or transmission of notification or correspondence, the processing of Entries, the announcement of any prize or in any Contest related materials; (b) technical failures of any kind; (c) unauthorized human and/or mechanical intervention; (d) human error; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Contest related advertisements or other materials; or (h) lost or unavailable network connections. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in Entrant’s e-mail account. Sponsor is not responsible, and may disqualify Entrant, if his or her e-mail address, telephone, or other contact information does not work or if it is changed without Entrant giving prior written notice to Sponsor. If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Contest, Entrant’s sole remedy is another Entry in the Contest.
AS A CONDITION OF PARTICIPATING IN THIS CONTEST, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, CONTEST ENTITIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY CONTEST OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any entrant or Prize Winner or any person claiming through such entrant or Winner for failure to supply the prize or any part thereof in the event that any of the Contest activities or the Releasees’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
Disputes and Governing Law:
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN ENTRANT AND ANY RELEASEE ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, 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), NOT TO EXCEED TEN DOLLARS ($10.00), 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 NOT TO EXCEED TEN DOLLARS ($10.00), 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.
Any dispute arising under or related hereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Massachusetts, without reference to its conflicts of law principles and will be brought exclusively in the state and federal courts located in Boston, Massachusetts, and each entrant accepts and submits to the personal jurisdiction of these Massachusetts courts with respect to any legal actions, suits or proceedings arising from or relating to this Contest or these Official Rules.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor’s decisions will be final in all matters relating to the Contest, Sponsor reserves the right to restrict or void online Entries or participation from any IP address if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries of any Entrants who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Contest. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that Entrant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate winner. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an Entry, the participant will be declared to be the registered account holder of the Till Account as applicable, of record for the account submitting an Entry during the Contest Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified and any potential Prize won will be forfeited in Sponsor’s sole discretion. Each potential Winner may be required to provide Sponsor with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor’s sole discretion Any damage made to the Website will be the responsibility of the registered account holder of the e-mail address for the Till Account, as applicable, submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.
Official Rules and Winner List:
For a copy of these Official Rules or a list of winners, send a self-addressed, stamped, #10 business envelope to Till Financial, ATTN: Official Rules (or “Winner’s List”) Request, 675 VFW Pkwy. #356, Chestnut Hill, MA 02467.” Rules requests must be received no later than one month after the end of the Contest Period and winner’s list request must be received within three (3) months of the end of the Contest Period. Vermont residents may omit return postage for rules request.