NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID OUTSIDE THE 50 UNITED STATES, RHODE ISLAND, ARIZONA, DISTRICT OF COLUMBIA, PUERTO RICO, AND WHERE OTHERWISE PROHIBITED. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK“).
Bankrate’s What’s Your Biggest Financial Fear Contest (the “Promotion“) is a skill contest in which eligible participants (the “Entrants“) are invited to post photographs to win Prizes (as described in the “Prizes” section below). This Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
PROMOTION PERIOD: The Promotion begins at 8:00:00 a.m. Eastern Time on October 6, 2016, and ends at 11:00:00 p.m. Eastern Time on October 20, 2016 (the “Promotion Period“).
PRIZES: Subject to the provisions of these Official Rules, after the Voting Period (as described in the “Voting/Determination of Winners” section below) Bankrate will award one (1) grand prize, consisting of $500 and an assortment of Bankrate branded products (“Grand Prize“) and two (2) runner up prizes each consisting of $100 and an assortment of Bankrate branded Products (“Runner Up Prizes”, and each a “Winner“). Each of the foregoing three (3) prizes is sometimes referred to in these Official Rules as a “Prize” and all such Prizes are sometimes referred to in these Official Rules as, collectively, the “Prizes“: THE TOTAL APPROXIMATE RETAIL VALUE OF THE PRIZES IS $730.
ODDS OF WINNING: Odds of winning will vary depending on the number of eligible Entries received.
ELIGIBILITY: The Promotion is open only to natural persons who (a) are legal United States residents (except for residents of Rhode Island, Arizona, District of Columbia, 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 contest, if such age is greater than 18 years of age and (c) have agreed to these Official Rules. Officers, directors, employees and agents of Bankrate, LLC (the “Sponsor“) and each of their respective parent companies, subsidiaries, and legal affiliates (collectively, the “Releasees“), and the immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and persons living in households of each, whether or not related, are ineligible. Sponsor reserves the right to disqualify participants who violate these official rules (the “Official Rules“) or interfere with this Promotion in any manner. If a participant is disqualified, Sponsor reserves the right to terminate that participant’s eligibility to participate in this Promotion.
HOW TO ENTER: Anytime during the Promotion Period, Entrants may enter by visiting Sponsor’s Facebook page at www.facebook.com/Bankrate (the “Website“); “Like” (or have previously “Liked”) Sponsor’s Website. Entrants may then enter the Promotion by posting an Entry illustrating Entrant’s “Biggest Financial Fear, meaning that Entrant will submit an original photograph depicting Entrant’s best scared selfie. By way of example only, a photograph that display’s an Entrant’s facial expression when they think about an intimidating financial consideration. By posting on the Website, Entrants will receive one (1) Entry into the Promotion for that Entry Period. Entrants may submit as many photos as he or she would like, and each submission shall count as (1) individual Entry. As part of the Promotion entry process, Entrants will be required to indicate that they have read, accept, and agree to be bound by these Official Rules. Entries become the property of Sponsor and will not be returned. Entrant must be logged onto Facebook to enter. To become a Registered User of Facebook, entrant must register for an account and agree to Facebook’s statement of Rights and Responsibilities set forth at http://www.facebook.com/terms.php (“Facebook Terms“).
Normal Internet access, phone, and usage charges imposed by Entrants online or phone service may apply. Each Entry must be manually key stroked and manually entered by the individual Entrant; bulk, third-party, automated and/or repetitive electronic Entry of entries (including, but not limited to, entries made using any script, macro, bot or promotion service) will be disqualified. Any attempt by any Entrant to obtain more than the stated number of permitted entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s discretion. In the event of a dispute as to the identity of a specific Promotion Entrant, the Entry will be deemed to have been made by the registered account holder of the e-mail address associated with the Facebook account for the potentially winning Entry, but only if that person meets all other 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 Promotion winners may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the Facebook account for the potentially winning Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry in question may be disqualified in Sponsor’s sole discretion.
By entering the Promotion, each Entrant represents and warrants the following: (a) he or she has read, understands and will follow the Official Rules; (b) each Entry, and all materials and matter therein: (1) is wholly original with such Entrant and is not a copy or imitation of any other material; (2) complies with the Conditions to Entry section of these Official Rules; 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; (c) 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; and (d) Sponsor’s use of any Entry shall not violate an agreement to which such Entrant has signed. Entrants agree to indemnify and hold the Released Parties (defined in the “Limitations of Liability and Releases” section 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 Promotion activities.
Entries received during the Promotion Period will be judged, (as more fully detailed below) from among all other Entries received. Entries must be submitted during the Promotion Period and in strict accordance with the instructions and restrictions on the Website and these Official Rules. Facebook’s database clock will be the official timekeeper for the Promotion. For purposes of the Promotion, only entries that are recorded on the Facebook’s servers will be considered. Other proof of submitting an Entry (such as a printed or copied screen or message) does not constitute proof of actual receipt of the entry purposes of the Promotion.
Those who do not abide by these Official Rules, the instructions of Sponsor and the Website and provide all required information will be disqualified in Sponsor’s sole discretion. Entries entered into the Promotion may be publicly posted for all users of Facebook to view. ONCE TRANSMITTED ALL ENTRIES BECOME PART OF THE PROMOTION AND MAY NOT BE REMOVED BY THE ENTRANT, EVEN IF ENTRANT WITHDRAWS FROM PROMOTION CONSIDERATION. Entries or participation will not be acknowledged or returned.
CONDITIONS OF ENTRY: All Entries must be submitted by 11:00:00 p.m. ET on October 20, 2016. Entrants must submit Entries during the “What’s Your Biggest Financial Fear” Entry Period in order to be considered. Entrants must provide all required information described in the “How to Enter” section of these Official Rules to be eligible to enter. All Entries will be screened to make sure that they meet eligibility requirements. Incomplete or inaccurate entries are void. By entering, each Entrant acknowledges compliance with these Official Rules including all eligibility requirements. Entries that do not meet the following “Entry Requirements” are subject to disqualification and/or removal from the Website, each at Sponsor’s sole and absolute discretion:
- Entry MUST NOT have won any previous award or been submitted in any other competition, and must be a previously unpublished and previously un-produced work.
- Entry MUST NOT contain material that violates or infringes another’s rights, including, but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement.
- Entry MUST NOT include or mention any copyrighted material, contain logos, brand or product names or trademarks, except those of the Sponsor other than material in which the Entrant owns copyrights.
- Entry MUST NOT contain material that is, as determined, in Sponsor’s sole discretion, tortious, defamatory, slanderous, or libelous.
- Entry MUST be in keeping with Sponsor’s image and MUST NOT be false, fraudulent, deceptive, misleading, disparaging, obscene, pornographic, hateful, indecent, threatening, discriminatory, profane, contain material that is threatening to any person, place, business, group or world peace or otherwise is offensive, as determined by Administrator or Sponsor at their sole and absolute discretion.
- Entry MUST NOT invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights, including, but not limited to, intellectual property rights, and the right to submit or use same shall not be restricted.
- Entry MUST NOT include material that is unlawful, in violation of, or contrary to the laws or regulations in any state where the entry is created.
- Entries MUST be the Entrant’s original work (modification of an original work is not an original idea) or in the public domain, a true account of Entrant’s travel experience and must be the Entrant’s own original creation executed solely by Entrant.
- Entry MUST be suitable for presentation in a public forum.
Sponsor reserves the right, in its sole discretion, to disqualify from the Promotion and/or remove from displaying or publishing any Entry that, in its sole discretion, refers, depicts, or in any way reflects negatively upon Releasees, the Promotion, or any other person or entity or does not comply with these requirements or these Official Rules. Entrant agrees that his/her participation in the Promotion and agreement to these Official Rules and any Sponsor use of an Entry will not violate any agreement to which Entrant is a signatory or party. Entrant agrees to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of his/her Entry.
GRANT OF RIGHTS: By entering, except where prohibited by law, each Entrant grants to the Sponsor and their agents and assigns in perpetuity the irrevocable, sub-licensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Entry in any and all media, including but not limited to paper format, digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each Entrant agrees that the Releasees may, but are not required to attribute the Entry to an Entrant. Each Entrant waives and releases the Releasees from any and all claims that Entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Releasees’ exploitation of entries without further notification or compensation to Entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Releasees and each of their affiliates, licensees, or any other person in connection with this Promotion, on the grounds that any use of any elements embodied in the Entry or any derivative works, infringe or violate any of Entrant’s rights therein. Each Entrant agrees to execute any documents that Releasees may require to effect such grant of rights. Each winner grants the Releasees the right to use and publish his/her proper name, entry submission or elements, likeness, picture, voice, biographical data (whether such information is part of the Entry or is otherwise obtained during the Promotion Period), and/or any information contained in his/her Entry, online, in print and in any other media for advertising and promotional purposes worldwide, and in perpetuity without additional compensation, notice, review, or approval, unless prohibited by law. Nothing contained in these Official Rules obligates the licensed entities to make use of any of the rights granted herein and winner waives any right to inspect or approve any use.
Eligible Entries may be posted on the Facebook gallery and will be available to be viewed by anyone with access to the Internet. Each Entrant acknowledges that other Entrants may have created ideas and concepts contained in their Entry that may have familiarities or similarities to his/her own Entry, and that he/she will not be entitled to any compensation because of these familiarities or similarities. The decisions of the Sponsor are final and binding in all matters relating to this Promotion, including interpretation and application of these Official Rules. Sponsor reserves the right to request from Entrant at any time proof that Entrant maintains all necessary rights in their Entry 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 Promotion.
VOTING /DETERMINATION OF WINNERS:
All eligible Entries received by the end of the Promotion will be voted on by Consumers visiting the Website. The top ten entries voted on by consumers will be judged by a panel of judges chosen in Sponsor’s sole discretion (the “Judges“), and the judging of Entries will consist of a maximum score of two hundred (200) points according to the following judging criteria (the “Judging Criteria“):
- Appropriateness to financial fears theme (fifty (50) points),
- Creativity of Photo and text entry (fifty (50) points),
- Number of Likes/Shares on FB (one hundred (100) points).
Based on the total score, Entry with the highest score will receive the Grand Prize, and the Entries with the second and third highest scores will receive the Runner Up Prizes.
Once Winners are selected by the Judges, Sponsor will contact each Winner and present them with an Affidavit (as described in the “Requirements of Finalists” section below). Each Finalist must fully complete and return the Affidavit and other written materials to Sponsor in order to be deemed an official Winner.
TAXES AND EXPENSES
: The Prizes may be considered taxable income to the Winners. All taxes, fees and surcharges related to the Prizes, if any, are the sole responsibility of the Winners. Expenses not specifically stated as part of a Prizes and all expenses not specifically identified as being included in a Prize, are the sole responsibility of the Winners.
: The Releasees are not responsible for the actions of Entrants in connection with the Promotion, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. Persons found tampering with or abusing any aspect of this Promotion, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Promotion, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future promotions. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE THE WEBSITE OR APPLICATION ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND 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. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Promotion, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Website, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for: (1) any lost, late, incomplete, stolen, misdirected, undelivered, delayed, garbled, incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) 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 Promotion; or (6) any physical or other 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 Promotion or receipt or use or misuse of any prize. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, void any suspect entries and: (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) terminate the Promotion and from among the eligible, non-suspect entries received up to the time of the impairment, award the Promotion prizes based on the Judging Criteria set forth above.
LIMITATIONS OF LIABILITY AND RELEASES:
By participating in this Promotion, Entrant agrees that Sponsor, Facebook, and each of their respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, website providers, web masters, and their respective officers, directors, employees, representatives, and agents (the “Released Parties“) will have no liability whatsoever for, and shall be held harmless by Entrants against, any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in this Promotion or in any Promotion or Prize related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise or other prize delivery. The Released Parties are not responsible if the Prizes cannot be awarded due to cancellations, delays, or interruptions due to acts of god, acts of war, natural disasters, weather, or terrorism. By participating in this Promotion, Entrant agrees that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of the Website associated with this Promotion or the downloading from and/or printing material downloaded from such Website. If any use by Sponsor of the Entries causes it to be liable to any third party, Entrant agrees to indemnify, defend and hold harmless Sponsor and its agents, employees, affiliates, subsidiaries, representative and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorneys’ fees), which it incurs as a result of its use of the Entries. 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 or other account to receive messages. Without limiting the foregoing, everything regarding this Promotion, including the Website and the Prizes, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
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, New York (Borough of Manhattan), (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, 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 Sponsor 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.
The names Winners will be posted online at Sponsor’s Facebook Website after the Winners have been confirmed.
OFFICIAL RULES REQUEST
: To request 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’s What’s Your Biggest Financial Fear Contest, 1675 Broadway, 22nd Floor, New York NY 10019. 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, LLC