legal

New Year Money Makeover: Official Rules

Bankrate.com
New Year Money Makeover
#NewYearMM
Official Rules
No Purchase Necessary to Enter or Win

Open Only to Legal United States Residents
Void in Puerto Rico, Rhode Island and Where Prohibited by Law

PRIZES: Subject to the provisions of these Official Rules, during the Promotion Period (as defined below) of the "Bankrate.com New Year Money Makeover" (the "Promotion"), Bankrate, LLC ("Bankrate") will award one (1) Prize (as defined below) to the Promotion's winner (the "Winner"). The Prize ("Prize") will consist of $10,000 and participation in the Money Makeover Program (as defined below). THE TOTAL MAXIMUM VALUE AGGREGATE VALUE OF THE PRIZE WILL BE $10,000.

PROMOTION PERIOD: The Promotion begins at 9:00 a.m. Eastern Time on January 9, 2017, and ends at 11:59 p.m. Eastern Time on March 29, 2017 (the "Promotion Period"). The Entry Period to submit your Entry Piece, as further defined below, begins on January 9, 2017 and ends on January 31, 2017.

HOW TO ENTER: You may enter the Promotion, during the Promotion Period, by following the instructions posted to http://www.bankrate.com/moneymakeover or https://www.facebook.com/Bankrate/ (the "Promotion Website") to, among other things, do the following things:

  1. Submit an original photograph representing your dream or goal, or a person, people, or passions that inspire you to pursue financial and/or life goals (your "Entry Piece") by directly uploading your Entry Piece to the Promotion Website. Without limiting the generality of anything else in this paragraph, your Entry (as defined below) must be original and created by you. In your Entry Piece, you must demonstrate what inspires you to save money, or depict a life dream or goal that requires a financial plan to achieve. Your Entry Piece must be an original photograph of you, your family, or a depiction of your financial goal, taken for the sole purpose of entering the Promotion. Your Entry Piece must be submitted in a JPG/JPEG or PNG image format, with a maximum five (5) megabyte file size. The recommended upload size is 1600 x 1200, 1280 x 960, or 640 x 640. Your Entry Piece may only be altered digitally through the use of filters (such as Instagram's filters), contrast, brightness, cropping, and other similar tools and settings that affect the look of the image as a whole, and may not be altered digitally in any other manner. Notwithstanding anything to the contrary in the immediately foregoing sentence, your Entry Piece may only be cropped around the edges, and may not be edited to remove any particular person or object or other thing within your Entry Piece, except as is naturally removed when cropping the borders of the image. Your Entry Piece may also not be altered to add any images, objects, persons, text or other item. By way of example only, if you would like to depict yourself as a baseball player with a baseball bat in hand, you should take a photograph while holding a baseball bat; you may not digitally or otherwise alter the image to add a baseball bat to the image.
  2. The submission page for your Entry Piece will include information fields that you must complete in order for your Entry (as defined below) to be considered. Such information fields may include, without limitation, your (a) name, (b) birthdate, (c) daytime phone number, (d) email address, (e) complete street address, (f) city, (g) state, (h) zip code, (i) household income (selected from the following options): (i) below $30,000, (ii) $30,000 to $49,999, (iii) $50,000 to $74,999 or (iv) $75,000 or more, (j) primary financial goal, or area of focus with your money (selected from the following options): (i) retirement, (ii) vacation, (iii) pay debt, (iv) new house, (v) new baby, (vi) education, (vii) emergency savings, or (viii) other responses to a brief survey and (k) a Brief Essay (as defined below). One information field will be a "Brief Essay", in which you must provide an answer, in 400 characters or less, to the following question, "I am a great candidate for a money makeover, and here's why! (Please be specific)". Your Brief Essay will be judged along with your Entry Piece. Your Entry Piece, your Brief Essay and all other information submitted by you in accordance with this paragraph are sometimes referred to in these Official Rules as your "Entry". All such information fields (including, without limitation, your Brief Essay) must be completed in English, have correct spelling, and be grammatically correct.
  3. All content contained in your Entry must, in the sole discretion of Bankrate, be suitable for a general and/or family audience and must not contain any nudity or any sexually explicit, disparaging, libelous, hateful, violent, racist or other inappropriate content. Bankrate may determine, in its sole discretion, whether or not any such content complies with this paragraph. Your complete and overall Entry must be original and your own work, and must have been created for the purpose of your entering the Promotion. By way of example only, and without limiting the generality of the immediately foregoing sentence, you may not submit a company advertisement, a photograph you found online or a stock photograph as your Entry Piece. Submission of an Entry that is not your own original work may result in disqualification. A professional portrait, including, but not limited to, a high school senior yearbook photograph, will not be accepted as part of an Entry. Your Entry must be completely legible. Bankrate reserves the right to reject any Entry that it deems, in its sole discretion, to violate these Official Rules (including, without limitation, this paragraph), in which case any such Entry may not be posted online and may be deleted without any notification.

If you need an email account, free email services are available, such as at gmail.com and hotmail.com. If you need Internet access, visit your local library.

CONDITIONS OF ENTRY: No purchase is necessary to enter the Promotion or to win any Prize. The Promotion is open only to natural persons who (a) are legal United States residents (except for residents of Rhode Island, Puerto Rico or any other jurisdiction in which any such natural person would be prohibited by law from entering the Promotion), (b) are 18 years of age or older or have reached the age required by their state or territory of residence to be reached in order to enter a sweepstakes, if such age is greater than 18 years of age and (c) have agreed to these Official Rules. Employees and/or agents of Bankrate (and/or its affiliates, subsidiaries and/or divisions) and of agents of Bankrate (and/or their respective affiliates, subsidiaries and/or divisions), Synchrony Bank, a federal savings bank ("Synchrony Bank"), Synchrony Financial or any of their respective affiliates, parent organizations, subsidiaries, divisions, trade partners, advertising and promotion agencies and associated marketing firms and other vendors, and the respective immediate families of employees and other persons referenced in the foregoing in this paragraph, including, without limitation, household members, are not eligible to participate in the Promotion. Bankrate reserves the right to verify eligibility qualifications of each Winner.

Any use of robotic, mechanical, automatic, programmed or like methods of participation will void each entry made by such methods. Each person may enter the Promotion only once. For the avoidance of doubt, and without limiting the generality of the immediately foregoing sentence, each person may only submit one (1) Entry through only one (1) of the Promotion Websites. In the event that a person attempts to submit multiple entries, all of that person's entries will be deemed void. Bankrate will not verify receipt of entries. Any attempted form of entry into the Promotion other than as described in these Official Rules, and any incomplete entry, is void. Entries that are in violation of these Official Rules will be disqualified. Should Bankrate suspect or determine actual or attempted (x) fraud, tampering, or impairment or disruption of the administration, security, fairness or proper play of the Promotion, or (y) violation of these Official Rules, Bankrate reserves the right, in its sole discretion, to void any and all entries of an entrant, or suspend or prohibit the participation of any person, who Bankrate determines, in its sole discretion, is responsible or otherwise involved with such acts.

ANY ATTEMPT BY ANY INDIVIDUAL(S) TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING, WITHOUT LIMITATION, THE PROMOTION WEB SITE) AND/OR DAMAGE AND/OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH AN ATTEMPT BE MADE, BANKRATE RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND/OR TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT OF THE LAW.

ODDS OF WINNING: Odds of winning will vary depending on the number of eligible entries received.

CONSENT TO PUBLICITY, USE AND SKYPE INTERVIEW; MONEY MAKEOVER PROGRAM: Except where prohibited by law, each entrant, by acceptance of any Prize, grants Publicity Rights to Bankrate, Synchrony Bank, Synchrony Financial and their respective subsidiaries, affiliates and assigns. As used in the immediately foregoing sentence, "Publicity Rights" means, with respect to each entrant, the absolute and worldwide right, license and permission and consent to use, for any promotional and/or publicity purposes and in any manner or media whatsoever (including, without limitation, on the Promotion Web Site or on any other Web page maintained by Bankrate, Synchrony Bank, Synchrony Financial and/or any of their respective subsidiaries and/or affiliates), that entrant's full legal name, voice, photograph, biographical information (including, without limitation, hometown and state), email address, likeness, financial scenario (as disclosed to Bankrate in connection with entering the Promotion or during any interview with Bankrate, Synchrony Bank, Synchrony Financial and/or any of their respective subsidiaries, affiliates, assigns and/or representatives (including, without limitation, during any interview (including, without limitation, any Skype interview)), including, without limitation, in connection with entrant's participation (if any) in a program whereby Bankrate matches certain individuals with a financial advisor that will evaluate each such individuals' financial situation and propose financial strategies and/or "financial fixes" with respect to such individuals (the "Money Makeover Program") and/or financial strategies (if any) and/or "financial fixes" (if any) proposed to such entrant in connection with such entrant's participation in the Money Makeover Program (if any). Without limiting the generality of the immediately foregoing sentence, "Publicity Rights" shall also include, without limitation, the right of Bankrate, Synchrony Bank, Synchrony Financial and/or any of their respective subsidiaries, affiliates, assigns and/or representatives to conduct an interview, including, without limitation, by means of Skype, with each Finalist (as defined below) and/or Prize Winner and to rebroadcast and/or otherwise publish or use (including, without limitation, on YouTube or Vimeo), for any promotional and/or publicity purposes and in any manner or media whatsoever (including, without limitation, on the Promotion Web Site or on any other Web page maintained by Bankrate, Synchrony Bank, Synchrony Financial and/or any of their respective subsidiaries, affiliates, assigns and/or representatives), any such interview. Without limiting the generality of the foregoing in this paragraph, such entrant waives and assigns to Bankrate any and all rights, title and interest, including, without limitation, copyrights or other ownership rights, that such entrant may have in or to any photographs, materials, or other information created or developed in connection with the Money Makeover Program.

Each such interview (including, without limitation, each such Skype interview) will be the property of Bankrate and, by entering the Promotion, each entrant consents to engaging in such interview (including, without limitation, such Skype interview) and disclaims any right (including, without limitation, any right to publish any such interview (including, without limitation, any such Skype interview), title and interest in and to each such interview (including, without limitation, such Skype interview). Bankrate has the exclusive right to publish all such interviews (including, without limitation, such Skype interviews), in whole or in part, throughout the world, in any manner and/or by means of any media whatsoever and/or to allow any other person or entity (including, without limitation, Synchrony Bank and/or Synchrony Financial) to so publish any such interview.

Without limiting the generality of anything else in this Affidavit, each entrant acknowledges and agrees that, (x) by entering the Promotion, such entrant is requesting that Bankrate select such entrant to participate in the Money Makeover Program and (y) by entering the Promotion, each entrant, for good and valuable consideration, acknowledges and agrees as follows:

  1. If chosen as a Winner, such entrant will participate in the Money Makeover Program if Bankrate, in its sole discretion, desires for such entrant to do so.
  2. If chosen as a Winner and if Bankrate, in its sole discretion, desires for such entrant to participate in the Money Makeover Program, such entrant will: (a) submit to any financial advisor all information about such entrant and such entrant's financial situation necessary to evaluate such entrant's financial situation, which information shall be true and not misleading; (b) update any information that such entrant knows has changed or could be misleading; and (c) use such entrant's best efforts to participate, in good faith, in the Money Makeover Program and in other events necessary to promote and develop the Money Makeover Program, including, without limitation, a photo shoot, if and as required by Bankrate.
  3. Such entrant acknowledges and agrees that no information such entrant receives in connection with the Money Makeover Program shall be construed as legal, tax, or investment advice. Such entrant acknowledges and agrees that Bankrate has strongly encouraged such entrant to obtain the advice of such entrant's legal, tax, investment and other advisors before implementing any financial plan or strategy.
  4. SUCH ENTRANT ACKNOWLEDGES AND AGREES THAT ALL INFORMATION SUBMITTED BY SUCH ENTRANT TO BANKRATE OR TO ANY THIRD PARTY (INCLUDING ANY FINANCIAL ADVISOR) WILL BE AT SUCH ENTRANT'S OWN RISK AND THAT NONE OF BANKRATE, SYNCHRONY BANK, SYNCHRONY FINANCIAL AND/OR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, ASSIGNS OR REPRESENTATIVES WILL IN ANY EVENT BE LIABLE TO SUCH ENTRANT FOR ANY DAMAGES OF ANY KIND.

SELECTION AND NOTIFICATION OF THE WINNERS: The Promotion Period will be further defined as follows:

Jan. 9, 2017- Jan. 31, 2017Entry Period
Feb. 1, 2017- Feb. 8, 2017Public Voting Period
Feb. 10, 2017Top 50 Entries scored by Judges
Feb. 17, 2017Top 20 Entries scored by Bankrate's Chief Financial Analyst
Feb. 22, 2017Top Ten (10) Finalists Selected
March 29, 2017Winner Announced

*Bankrate reserves the right in, its sole discretion, to change the dates of the Promotion Period, or the deadlines within the Promotion Period, with or without notice, for any reason.

All eligible Entries received during the Entry Period will be voted on by Promotion Website users Website during the Public Voting Period. The fifty (50) Entries that receive the highest number of votes from Promotion Website users will be judged by a panel of judges, selected by Bankrate in its sole discretion (the "Judges"). The judging of Entries by the Judges will consist of a maximum score of one hundred (100) points according to the following judging criteria (the "Judging Criteria"):

  • Relatable to BR audience - 10 points
  • Emotional Resonance - 10 points
  • Ability to help - 40 points
  • Financial Need - 40 points

The twenty (20) Entries receiving the highest scores from the Judges will move onto the second round of judging by Bankrate's Chief Financial Analyst ("Bankrate's CFA"). Bankrate's CFA will apply the same Judging Criteria to these twenty (20) Entries as described above. The ten (10) Entries receiving the highest scores from Bankrate's CFA will become finalists (collectively, the "Finalists"). Within ten (10) days following the selection of the Finalists, Bankrate will contact each Finalist by phone or email to request further documentation on their Entry (see "Requirements of Finalists" section below).

Upon receipt of a Finalist's documentation, at Bankrate's sole discretion, Bankrate's CFA may contact such Finalist by phone or email to propose a time for an interview with Bankrate's CFA, one or more Judge(s), and such Finalist. Bankrate's CFA may interview one or more Finalists (but is not required to interview all Finalists). The Winner of the Promotion shall be the Finalist who, in the sole discretion of Bankrate's CFA, exhibits the most ambition, creativity, dedication, originality and uniqueness of financial situation, and has submitted the most creative or interesting plan for a "money makeover". If any Finalist is not available for any such interview at a time selected by Bankrate, then Bankrate may cause an alternative Finalist to be selected by a panel of judges in accordance with the immediately foregoing paragraph and such previously selected Finalist shall no longer be a Finalist.

NO WINNER WILL BE REQUIRED TO BE PRESENT AT THE TIME OF HIS OR HER SELECTION.

The Winner will be notified by email or telephone and publicly announced on March 29, 2017. The Winner must claim his or her Prize within ten (10) business days after the date of Bankrate's first notification attempt, which shall be the first date notification is sent if by email or the first date a call is placed to that Winner, if by telephone. The Winner must claim his or her Prize in the manner indicated in Bankrate's notification of that Winner. For the avoidance of doubt, the Winner must continue to comply with these Official Rules.

If the Winner fails to claim his or her Prize within the ten (10) business day period of time, is found to be ineligible, fails to comply with these Official Rules or fails to meet the requirements of these Official Rules, such Winner will be disqualified and an alternate Winner (as determined by Bankrate's CFA) will be contacted. Bankrate's decisions with respect to the Winner and other matters pertaining to the Promotion shall be final.

REQUIREMENTS OF FINALISTS: To determine eligibility as a Winner, all Finalists will be required to sign an Affidavit of Eligibility and Release of Liability for Participation, Publicity and Use (an "Affidavit") as a part of determining a Finalist's eligibility to be selected as the Winner, and receive the Prize. If a Finalist's Affidavit and all other documents required by Bankrate, in its sole discretion, are not completed as specified, are not received by Bankrate within ten (10) business days of notification, or, after Bankrate's receipt of the Affidavit from the Finalist, the Finalist is found to be an ineligible entrant, the Finalist's entry will be disqualified.

TO RECEIVE WINNERS' NAMES OR OFFICIAL RULES: To request the name of the Winner with respect to the Promotion or a copy of these Official Rules, mail your request, along with a self-addressed stamped envelope (residents of Washington State and Vermont need not include postage) to: Bankrate.com New Year Money Makeover, c/o Bankrate, LLC, Attention: Caroline Farhat, 1675 Broadway, 22nd Floor, New York, NY 10019. Please specify whether you are requesting the name of Winner or a copy of the Official Rules. Requests for the name of the Winner must be received by Bankrate at the address above from the tenth (10th) business day following the end of the Promotion Period through the twentieth (20th) business day following the end of the Promotion Period. Requests for a copy of these Official Rules received more than 90 (ninety) days after the end of the Promotion Period will not be honored.

SPONSOR:Bankrate is the sponsor of the Promotion.

NONE OF FACEBOOK, YOUTUBE, VIMEO NOR SKYPE IS A SPONSOR: The Promotion is in no way sponsored by, endorsed by, administered by or associated with Facebook Inc. ("Facebook"), YouTube, LLC ("YouTube"), Vimeo, LLC ("Vimeo") or Skype.

GENERAL CONDITIONS: New York law governs the Promotion. Void where prohibited. Bankrate reserves the right to cancel or modify the Promotion if fraud, misconduct or technical failure, or any other factor beyond Bankrate's reasonable control impairs the integrity of the Promotion, as determined by Bankrate in its sole discretion, or if a computer virus, bug or other technical problem corrupts the administration or security of the Promotion, as determined by Bankrate in its sole discretion. In the event that Bankrate cancels or modifies the Promotion, Bankrate will post to the Promotion Web Site notice that the Promotion has been cancelled or modified. In such event, Bankrate reserves the right to award the Prize at random from among any eligible entries received up to the time of the impairment or in any other method selected by Bankrate, in its sole discretion. THE WINNER IS SUBJECT TO VERIFICATION BY BANKRATE. BANKRATE'S DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Any attempt by any person to deliberately damage or undermine the legitimate operation of the Promotion may be a violation of criminal and/or civil laws. Bankrate's failure to enforce any term of these Official Rules shall not constitute a waiver of Bankrate's ability to enforce its rights. Any taxes due on a Prize won will be the sole responsibility of the Winner of that Prize. Each Prize is non-transferable, except in accordance with the laws of descent and distribution, and may not be substituted or redeemed for cash, except by Bankrate, which reserves the right, in its sole discretion, to substitute each Prize with another prize of comparable or greater value. Neither Bankrate nor any subsidiary or affiliate of Bankrate will enter into correspondence, including email, regarding the Promotion. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision of these Official Rules. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained within these Official Rules.

Expenses not specifically stated as part of the Prize and all expenses not specifically identified as being included in the Prize, are the sole responsibility of the Winner of the Prize. All taxes, fees and surcharges related to the Prize, if any, are the sole responsibility of the Winner of the Prize. No Prize shall be used in connection with any other promotion or offer.

DISPUTES: Each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the Federal or New York state courts of record in New York County, NY (Borough of Manhattan), (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event shall such costs include attorneys' fees and (c) under no circumstances will an entrant be permitted to obtain awards for, and, by entering the Promotion, entrant waives all rights to claim, punitive, indirect, special, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses described in subsection (b), above) and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and/or the rights and obligations of the entrant and Bankrate 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 (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. All New York state and local laws and regulations apply.

INDEMNIFICATION AND RELEASE: Each entrant agrees to defend, indemnify and hold Bankrate, Synchrony Bank, Synchrony Financial, Facebook, YouTube, Vimeo and Skype and their respective subsidiaries, affiliates and divisions and their respective representatives, attorneys, assigns, agents and licensees and their respective affiliates, equity holders, officers, directors, managers, agents, co-branders, associated marketing firms, advertisers and sponsors or other partners and any of their employees (each, including, without limitation, Bankrate, Synchrony Bank, Synchrony Financial, Facebook, YouTube, Vimeo and Skype, a "Released and Indemnified Party," and collectively, including, without limitation, Bankrate, Synchrony Bank, Synchrony Financial, Facebook, YouTube, Vimeo and Skype, the "Released and Indemnified Parties"), harmless from and against any and all rights, demands, losses, injuries, liabilities, damages, claims, causes of action, actions and suits of any kind whatsoever (whether at law or in equity), fees, costs and attorneys' fees (including appellate level) whatsoever (each, a "Claim," collectively, "Claims"), brought or asserted by any party against any of the Released and Indemnified Parties arising out of or in connection, directly or indirectly, with the entrant's entry in the Promotion, participation in the Promotion, the Promotion, any Prize and/or use or misuse of any Prize, the entrant's participation in the Money Makeover Program and/or the entrant's submission to Bankrate and/or to any third party (including, without limitation, to any financial advisor) of any information (including, without limitation, in connection with the entrant's participation in the Money Makeover Program).

By entering the Promotion, each entrant agrees to release, discharge and hold harmless each Released and Indemnified Party from and against all Claims arising out of or in connection with, indirectly or directly: (A) entry or participation in THE Promotion and/OR (B) acceptance, use, or misuse of ANY Prize.

LIMITATIONS OF LIABILITY: Bankrate is not responsible for: (a) electronic, human, United States Postal Service, equipment programming or other error, omission, interruption, defect or delay which may occur in the administration of the Promotion or the processing of any entry, any Prize, in the Official Rules, or in any other materials related to the Promotion, (b) technical failures of any kind, including but not limited to, the malfunctioning of any electronic equipment, computer, Internet, Web site, network, hardware or software, a computer virus, bug or other technical problem, (c) unauthorized human intervention in any part of the entry process or the Promotion, (d) any entrant's conduct in connection with the Promotion, (e) any printing, typographical, technical errors in any materials associated with the Promotion or any Prize, (f) incorrect, inaccurate, late, lost, stolen, illegible, incomplete, or misdirected entries, or entries received through impermissible or illegitimate channels, or (g) any death, injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from an entrant's entry or participation in the Promotion or use or misuse of any Prize.

PRIVACY NOTICE: Entrants should read the "Privacy Policy" located at http://www.bankrate.com/coinfo/privacy.asp. Information collected from entrants is subject to such Privacy Policy.

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