Enova #DreamPerks

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What are your creative #DreamPerks for the workplace? Follow @enova and tweet us your ideas for a chance to win $140… for real.

Click here to enter.

Enova Recruiting Twitter Contest

OFFICIAL RULES

  • No Purchase Necessary TO ENTER OR WIN A PRIZE IN THIS CONTEST. A Purchase OF ANY KIND WILL NOT INCREASE YOUR Chances Of Winning.
  • THIS IS A SKILL-BASED CONTEST.
  • VOID WHERE PROHIBITED BY LAW.
  • AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
  • SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
  • ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
  • ENTRY VIA TWITTER ONLY AND TWITTER ACCOUNT AND INTERNET CONNECTION REQUIRED. “PROTECTED” TWITTER ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES.
  • THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER, INC.
  • YOU MUST FOLLOW THE @ENOVA TWITTER ACCOUNT FOR PURPOSES OF RECEIVING PRIZE NOTIFICATION AND OTHER IMPORTANT CONTEST INFORMATION.

 

BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO the CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. Eligibility . The Enova Recruiting Twitter Contest (the “Contest”) is open only to individuals who are physically located in one (1) of the fifty (50) states in the United States or the District of Columbia and who are at least the age of majority in their state/jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) at the time of entry. Employees, officers and directors of Enova Financial (“Sponsor”), its parent, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the “Contest Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Further, entrants must be a member of good standing of Twitter in order to participate in the Contest and win a prize. Void where prohibited by law. By participating, entrants agree to be bound by these “Official Rules” and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules

2. Contest Period & Entry Periods . The Contest begins on or about 9:00 a.m. Central Time (“CT”) on Monday, September 9, 2013 and ends at 11:59 p.m. CT on Wednesday, October 23, 2013 (the “Contest Period”). However, the Contest Period consists of three (3) separate entry periods (each an “ Entry Period”), which are specifically detailed in the chart below. All entries must be received by the end time and date (detailed below) for each respective Entry Period to be eligible for the corresponding Sponsor-judging and Winner selection process that corresponds to that particular Entry Period. Entries from one Entry Period will not carry over to subsequent Entry Periods. Individuals who enter during one of the designated Entry Periods will only be receiving an entry for the corresponding judging period based on the chart below and entrants will need to come back and enter again if they would like to receive an entry into another Entry Period.

Entry Periods

Start Time/Date

End Time/Date

Winner Selection Date

#1

9:00 a.m. CT on September 9, 2013 8:59 a.m. CT on September 23, 2013

September 25, 2013

#2

9:00 a.m. CT on September 23, 2013 8:59 a.m. CT on October 7, 2013

October 9, 2013

#3

9:00 a.m. CT on October 7, 2013 11:59 p.m. CT on October 23, 2013

October 25, 2013

All DATES SET FORTH IN THE CHART ABOVE AND ELSEWHERE IN THESE OFFICIAL RULES ARE SUBJECT TO EXTENSION IN SPONSOR’s SOLE AND ABSOLUTE DISCRETION.

3. How to Enter . To participate and enter this Contest, individuals will need a Twitter account (“Account”). If you don’t already have an Account, visit www.twitter.com (the “Website”) to create an Account; creating an Account is free. By submitting your information and creating an Account, you will be required to agree to the Twitter terms of service and privacy notice. If you do not agree to Twitter’s terms of service and privacy notice, you cannot create an Account or participate in this Contest. Once logged into your Account, follow the links and instructions to become a follower of the @Enova Twitter Account and you must follow the instructions in any call-to-action provided in any tweet message sent by Sponsor from Sponsor’s Twitter account that indicates there is an opportunity to win a prize. Next, Tweet a message from your Account that is a targeted Tweet to the @Enova Twitter Account (i.e., include @Enova in your Tweet) with your “dream perk” in your ideal workplace and include #DreamPerks in your Tweet message. Sponsor, at its sole discretion, may accept a technically incorrect unique term. NOTE : Sponsor may not receive entries from Twitter users with “protected” updates (i.e., user has set their Twitter Account so that only people the user has approved can view their updates) due to the way Twitter operates its service. Tweets not received by Sponsor will not be entered into the Contest. For purposes of this Contest, entrant’s inclusion of #DreamPerks in their Tweet will be deemed acceptance of these Official Rules. @Reply messages not received by Sponsor will not be entered into the Contest. The entrant’s Tweet must comply with the requirements set forth in these Official Rules, including, without limitation, the Content Guidelines set forth below.

 

Limit of five (5) entries per person for the entire Contest . Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may result in the entrant being disqualified. A submission may in Sponsor’s sole and absolute discretion be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Website and elsewhere in these Official Rules. All eligible submissions to the Contest will be an entry in the Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. Assurance of delivery of entries is the sole responsibility of the entrant.

NOTE ABOUT TWITTER : Contest Entities are not responsible for any changes or unavailability of the Twitter service that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Twitter for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Twitter, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address associated with the Twitter account for the potentially winning entrant, but only if that person meets all other eligibility criteria or if that person is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential Winners (defined below) may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the Twitter account for the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Any damage made to the Website or the Twitter service will be the responsibility of the registered account holder of the e-mail address for the Twitter account submitted at the time of entry. It is a potential Winner’s responsibility to set his/her account settings to accept contacts by Sponsor and to timely check his/her Twitter account for any Sponsor direct messages or @Replies.

4. Submission Content Guidelines . Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the Website, each at Sponsor’s sole and absolute discretion:

· Submissions must be submitted in the English language.

· Submissions must comply with the Official Rules and Twitter’s Terms of Service and meet all specifications or requirements called for on the Website, and other advertising for the Contest (including in any call-to-action).

· Except for materials that are in the public domain, each submission, in its entirety, must be a single work of original material created by the entrant and suitable for presentation in a public forum.

· Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.

· Except for materials in the public domain, submissions must include only materials created by the entrant and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks or company logos are subject to disqualification.

· Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Website such as viruses, Trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).

· Each submission should not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.

5. Intellectual Property . Entrants, upon submission of their entry to the Contest, hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the submissions submitted as part of the Contest, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants except for the awarding of the prize(s) in this Contest. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the submissions submitted as part of the Contest, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with submissions submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a Winner, Sponsor may request that the entrant’s submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of submissions and are not obligated to use any submission. Entrants agree not to issue any publicity concerning Sponsor. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the submissions submitted. All submissions that are posted on the Website or elsewhere are available to be viewed by anyone with access to the Internet and a Twitter account.

Each entrant acknowledges that other entrants may have created ideas and concepts contained in their submission that may have familiarities or similarities to his/her own submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their submissions and there is no obligation for any Contest Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Each entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.

6. Representations, Warranties and Indemnity . Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their submission and all materials and matter therein: (1) (except for elements that are within the public domain) are wholly original with such entrant and are not a copy or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her submission to any other third party. Further, each entrant represents and warrants that Sponsor’s use of any submission shall not violate an agreement to which such entrant has signed. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Contest activities.

7. Determining the Winners . After the conclusion of each Entry Period (see chart above in Section 2 for specific dates of each Entry Period), each submission submitted for the applicable Entry Period will be reviewed by a team of judges (“Judges”) assembled by Sponsor, who will review and judge all eligible submissions based on the following judging criteria (collectively, the “Judging Criteria”):

• Originality: 33.3%;

• Creativity: 33.3%; and

• Clarity of Expression: 33.3%.

Based on the total score the Judges assign to each submission using the Judging Criteria, 1-2 winning submission will be ultimately selected by the Judges for each Entry Period (i.e., a total of three (5) winning submissions for the entire Contest) and will be potential “Winners”, subject to confirmation that the potential Winners have met the eligibility requirements and complied with these Official Rules. If there is a tie after the Judges apply the Judging Criteria, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to break the tie and determine the Winners.

8. Notification of Winners . On or about the dates set forth in the chart in Section 2 above, each potential Winner will be contacted using the direct message feature on Twitter for the user account that posted the responsive update if a Winner is a follower of @Enova. If a potential Winner is not a follower of @Enova, then a potential Winner will have to set their potentially winning Twitter Account to follow @Enova (so that Sponsor will be able to send a private direct message via Twitter) within time stated in the notice of the Sponsor’s submission of an @Reply to the potential Winners or else the Sponsor may disqualify such potential Winner’s entry. However, this is only for purposes of facilitating eligibility verification and prize fulfillment communication and may be discontinued following that process. It is your responsibility to timely set your Account settings to accept contacts by Sponsor and to timely check your Twitter Account for such messages. Sponsor is not responsible for any failure of delivery of notice attempting to use such methods. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an e-mail, one (1) day after sending via a delivery service or two (2) days after mailing. The potential Winners will be required to execute and return an affidavit of eligibility, a liability release, a publicity release and services and performances agreements (collectively, “Prize Acceptance Documents”) within seven (7) days of date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential Winner or a potential Winner is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected. Non-compliance shall result in disqualification and award of a prize to an alternate winner. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners.

9. Prizes and Values . Each confirmed Winner in this Contest will receive the following prize: one (1) Visa gift card issued in the amount of: One Hundred Forty Dollars ($140.00) (USD). Card expires five (5) years after the date of issuance and monthly maintenance fees apply after twelve (12) months of inactivity. The card prize is subject to all terms, conditions and restrictions stated on the card and imposed by the issuer. Card may be subject to other fees as imposed by issuer, including those available here: http://www.giftcardlab.com/TermsAndConditionsDetail.aspx and http://www.giftcardlab.com/cardholder-agreement. The Visa® gift card awarded as a prize in this Contest is subject to the terms of the gift card issuer and any terms and conditions set forth on the gift card itself.

Limit of one (1) prize per person in connection with this Contest . Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a Winner with his/her prize, the Sponsor may elect to provide the Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a prize Winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify the Winner and not award a prize to that Winner in such instance. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. The Winners may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winners for the actual value of the prize received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach a Winner because of an incorrect or changed address. If a Winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. The total ARV of all of the prizes awarded in this Contest is: Seven Hundred Dollars ($700.00) (USD) Sponsor is not responsible for and winners will not receive the difference, in any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material. Prizes will only be mailed to verified Winner’s physical mailing address (no P.O. Boxes) in one (1) of the fifty (50) United States or the District of Columbia, except in Sponsor’s sole and absolute discretion.

10. General Conditions . Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Website or Twitter users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Website. Persons who tamper with or abuse any aspect of the Contest or Website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. If the Contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on Twitter via a Sponsor update and/or on the site(s) where these Official Rules have been posted. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. CAUTION: ANY ATTEMPT TO DAMAGE THE WEBSITE (INCLUDING THE TWITTER SERVICE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Release . By participating in the Contest, entrants agree to release, discharge and hold harmless the Contest Entities and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing entrants agree that Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prize(s) provided in connection with the Contest; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section.

 

12. Publicity Release . Subject to applicable law, Winners irrevocably grant the Released Parties and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the Winners.

 

13. Suspension / Modification / Termination . In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.

 

14. Governing Law / Limitation of Liability . All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Illinois, 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.

 

BY ENTERING THE CONTEST, 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 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) ENTRANTS’ 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 YOU.

15. Disputes / Arbitration . The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Cook County, Illinois and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“ JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA ”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Cook County, Illinois. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest (or any website or any content or other materials used or displayed on the website used in connection with the Contest).

16. List of Contest Winners / Official Rules Requests . To receive a list of Winners, prior to December 31, 2013, send a stamped self-addressed envelope to: “Contest Winners List”, Enova Financial, 200 West Jackson, Suite 2400, Chicago, IL 60606-6941. Please indicate which Contest Winners list you are requesting by referencing the name of the Contest in your request. For a copy of these Official Rules, prior to the end of the Entry Period, send a legal-size, self-addressed, stamped envelope to: “Contest Official Rules,” Enova Financial, 200 West Jackson, Suite 2400, Chicago, IL 60606-6941. Please indicate which Contest Official Rules you are requesting by referencing the name of the Contest in your request. Vermont residents may omit return postage with Official Rules requests.

17. Identification of Sponsor . This Contest is sponsored by Enova Financial, 200 West Jackson, Suite 2400, Chicago, IL 60606-6941. Twitter, Inc. is not a sponsor of this Contest and does not endorse or otherwise have anything to do with this Contest. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.

18. Entry Information and Contest Communications . As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest Winner’s list.

19. Miscellaneous . The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.

 

//END OFFICIAL RULES//