ZURP SPIN THE WHEEL SWEEPSTAKES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO ELIGIBLE RESIDENTS OF THE UNITED STATES WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSOR AND OTHER RELEASED PARTIES BY YOU, A CLASS ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Third-party vendors, and more specifically, Apple, Mastercard, and First Pryority Bank do not sponsor and are not involved in this promotion or any other Zurp promotion.
The Zurp Spin the Wheel Sweepstakes (the “Sweepstakes”) is open only to legal residents of the 50 United States (and the District of Columbia), who are at least eighteen (18) years old at the time of entry. Void where prohibited. Proof of residency and age may be required. Employees and directors of Zurp Inc. (“Zurp” or “Sponsor”) and its subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Sweepstakes are prohibited. The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state, and local laws. Participation constitutes entrant’s (“Entrant”) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize (defined below) is contingent upon selected Entrant fulfilling all requirements set forth herein.
Zurp Inc., 1000 Brickell Ave, Ste 715 PMB 5069, Miami, FL 33131
The Sweepstakes consists of regular drawings in the form of a “spin the wheel” action. The Sweepstakes will continue until terminated by Sponsor, as determined in Sponsor’s sole discretion.
4. How to Enter the Sweepstakes and Receive a Chance to Spin the Wheel
There are two (2) ways to get a chance to spin the wheel (each an “Entry”).
- Spend with the Zurp Card / Account: Entrants will receive one (1) Entry for each day that he/she spends $5 or more on a settled transaction using his/her Zurp card, up to a maximum of one (1) Entry per day. In order to spend on your Zurp card, you will need to download the Zurp App, create an account, and go through Zurp’s verification process. Once you have obtained an Entry, to “spin the wheel” for a chance to win a Prize, (i) sign into your Zurp account on the Zurp App using your email address and password; (ii) click on the “wheel” card on the home dashboard; and (iii) hold down on the “Spin” button to spin the wheel. You will be notified in real time if you have won a Prize. This method of entry is subject to the maximum number of total Entries below.
- Alternative Method of Entry – Mail In: To receive one (1) Entry in the Sweepstakes, (i) mail one (1) envelope to Zurp Spin the Wheel Sweepstakes, Zurp Inc., 1000 Brickell Ave, Ste 715 PMB 5069, Miami, FL 33131 containing an index card with Entrant’s first name, last name, postal address, and e-mail address. Limit of one (1) Entry request per outer envelope. The information provided in Entrant’s index card may be used to verify Entrant’s submission; (ii) upon receipt of such Entry request, Sponsor will “spin the wheel” on Entrant’s behalf; and (iii) within five (5) business days of Sponsor’s receipt of a mailed entry request, Sponsor will email Entrant the result of the spin (if Entrant won a Prize and the value of such Prize), in addition to a video recording showing the spin as it took place. In order to use his/her Points, Entrants will be required to (i) download the Zurp App (www.zurp.com). The Zurp App is free to download; and (ii) follow the prompts to create a Zurp account. For financial compliance purposes, you must provide certain information, including your name, email address, social security number in order to create a Zurp account. Mail-in Entry cards and envelopes must be hand printed by the Entrant only and each request must be mailed individually. Any bulk shipments of Entry requests will not be processed or entered into the Sweepstakes. This Alternative Method of Entry is subject to the maximum number of total Entries below.
In order to participate in the Sweepstakes and/or win a Prize, Sponsor must be able to verify the Entrant’s identity. If the information provided by Entrant is insufficient for Sponsor to verify Entrant’s identity, that Entrant will be disqualified and ineligible to participate in the Sweepstakes and/or win a Prize.
Each Entrant must submit an Entry on his/her own behalf from a registered and current Zurp account, if applicable. Any Entry submitted on behalf of another individual or using another person’s Zurp account, email address, name or mobile number will be disqualified and ineligible to claim any Prize. Any attempt by any Entrant to obtain more than the stated number of Entries allowed by using same, multiple/different email addresses, mobile numbers, identities, or any other methods void that Entrant’s Entries and that Entrant may be disqualified. No mechanically reproduced or automated Entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such Entries will be deemed void. All Entries
received become the property of the Sponsor and will not be returned. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries all of which will be ineligible to win a Prize. In the event of a dispute as to any Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. Potential Prize winner(s) (“Potential Prize Winner”) may be required to show proof of being the authorized account holder to be awarded the Prize.
5. Maximum Number of Entries
Limit of one (1) Entry per person, per day, regardless of Sweepstakes entry method.
6. Prizes and Odds
The following odds of winning apply for each Entry/spin of the wheel:
Prizes in the form of points (“Prizes”) will be awarded to Verified Prize winner (“Verified Prize Winner”) Zurp Accounts. If you do not have a Zurp Account at the time of Entry, you will be required to create an Account in order to use your points. Points are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed Prize for one of equal or greater value for any reason. Verified Prize Winner is responsible for all taxes and fees associated with Prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Verified Prize Winner. Prize will be awarded only if the Potential Prize Winner fully complies with these Official Rules. Sponsor is not responsible for any change of email address and/or mailing address and/or Zurp account information of Entrants.
7. Verification of Potential Prize Winner
ALL POTENTIAL PRIZE WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER AND OTHER MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE APP SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING SELECTIONS HAVE 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 POTENTIAL WINNER NOTIFICATION THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED AS DEFECTIVE, IS VOID, AND WILL NOT BE HONORED.
Potential Prize Winner(s) will be notified via the Zurp App or using the email address / phone number provided with the Entry or on file with the Sponsor. Failure by a Potential Prize Winner to respond to the initial verification within ten (10) days of notification will result in disqualification. Potential Prize Winner may be required to complete and return an Affidavit of Eligibility, provide identification, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor. In the event: (a) Potential Prize Winner(s) cannot be reached for whatever reason after a reasonable effort has been exerted or the Potential Prize Winner(s) notification or Affidavit is returned as undeliverable; (b) Potential Prize Winner(s) declines or cannot accept, receive or use the Prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) Potential Prize Winner(s) is found to be ineligible to enter the Sweepstakes or receive the Prize; (e) Potential Prize Winner(s) cannot or does not comply with the Official Rules; or (f) Potential Prize Winner(s) fails to fulfill the Affidavit-related obligations, the Potential Prize Winner shall be disqualified. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with Sweepstakes Prizes, if any. Verified Prize Winner(s) will be solely responsible for all applicable federal, state and local taxes on Prize(s) and may receive an IRS Form 1099 for the retail value of the Prize and must provide Sponsor with a valid social security number if requested for tax reporting purposes.
8. Entry Conditions and Release
By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or its designee(s) which are binding and final in all matters relating to these Sweepstakes; (b) defend, indemnify, release and hold harmless Sponsor and its respective parent, subsidiary and affiliated companies, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s Entry, creation of an Entry or submission of an Entry, participation in the Sweepstakes, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of Entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Sweepstakes and/or Entrant’s acceptance, use or misuse of any Prize.
Except where prohibited or restricted by law, Verified Prize Winner’s acceptance of a Prize constitutes the Verified Prize Winner’s agreement and consent for Sponsor, to use and/or publish winner’s Entry, name, city and state of residence, and/or statements made by Verified Prize Winner regarding the Sweepstakes or Sponsor, worldwide hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
10. General Conditions
Entrant’s Entry shall comply with Sponsor’s and/or any third-party platform provider’s terms of service/use and privacy policies, and shall not: (a) contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilation, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; (b) contain content which would be derogatory and/or insulting of any others, including Sponsor and/or other persons or entities, products or services; (c) contain content which refers to and/or is complimentary of any competitors of Sponsor or which is complimentary of and/or refers to any product competitive with any product or service of Sponsor; (d) include personally identifiable information or any other information or indicia of any person other than Entrant and should the Entrant include personally identifiable information about him/herself in his/her Entry, Entrant acknowledges and agrees that such information will be disclosed publicly and Entrant is solely responsible for any consequences thereof; and (e) contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the email address used to enter the Sweepstakes will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Prize Winner(s) of any Prize may be required to show proof of being the authorized account holder to be awarded the Prize. All entry information becomes the sole and exclusive property of Sponsor and will not be returned or canceled.
11. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Sweepstakes; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error, which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize. If for any reason an Entrant’s Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Sweepstakes. No more than the stated number of Prizes will be awarded. If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, epidemic, pandemic, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received as of the date/time of termination.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, 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; AND (2) 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 AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
FOR CALIFORNIA ENTRANTS: EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Except where prohibited by law, as a condition of participating in this Sweepstakes, each Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with these Sweepstakes, including but not limited to Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant agrees that, by entering the Sweepstakes, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any Prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
13. Additional methods of earning Chances
From time to time, Sponsor may offer additional opportunities to earn entries into the current Sweepstakes. Such additional opportunities may be subject to separate official rules or terms and conditions.
14. Entrant’s Personal Information.
15. Sweepstakes’ Results.
For the Sweepstakes results, send a hand-printed, self-addressed, stamped envelope to: “Winner’s List” c/o Zurp Spin the Wheel Sweepstakes, 1000 Brickell Ave, Ste 715 PMB 5069, Miami, FL 3313, and specify the date and time of the applicable drawing.
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