No Purchase Necessary to Enter or Win
Open Only to Legal United States Residents
Void in Rhode Island, Puerto Rico and Where Prohibited by Law
PRIZE: Subject to the provisions of these Official Rules, during the Promotion Period (as defined below) of the “Bankrate.com #FrugFabHoliday Contest” (the “Promotion“), Bankrate, Inc. (“Bankrate“) will award one (1) Prize (as defined below) to each of three (3) winners (each a “Winner“). Each Prize will consist of $100. Each Prize 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 MAXIMUM VALUE AGGREGATE VALUE OF THE PRIZES WILL BE $300.
ENTRY PERIOD: The Promotion begins at 9:00 a.m. Eastern Standard Time on December 1, 2014, and ends at 11:59 p.m. Eastern Standard Time on December 22, 2014 (the “Promotion Period“).
HOW TO ENTER: Subject to the “Conditions of Entry” below, each entrant may enter the Promotion by doing one of the following things to share a tip for creating holiday magic on a budget (a “Frugal Holiday Tip“):
- Tweet or create a Vine video that includes your Frugal Holiday Tip using the hashtag “#FrugFabHoliday.” Click on the prompt to claim your submission, and complete the brief entry form.
- Go to http://www.bankrate.com/sweeps/frugal-holiday-tips/ (the “Contest URL“) to directly upload a photo and a caption containing your Frugal Holiday Tip, and complete the entry form.
If a prospective entrant needs a Twitter account, such prospective entrant can obtain one for free at https://twitter.com/. If a prospective entrant needs a Vine account, such prospective entrant can obtain one for free at https://vine.co/. If a prospective entrant needs an email account, free email services are available, such as at Gmail.com and Hotmail.com. If a prospective entrant needs Internet access, such prospective entrant should visit his or her local library, or obtain free Internet access through a provider such as NetZero.
CONDITIONS OF ENTRY: No purchase is necessary to enter the Promotion or to win a Prize. The Promotion is open only to natural persons who (i) are legal United States residents (except for residents of Rhode Island, Puerto Rico or any other jurisdiction in which such natural person would be prohibited by law from entering the Promotion), (ii) are eighteen (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 eighteen (18) years of age and (iii) 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) and 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 such employees, including, without limitation, household members of such employees, are not eligible to participate in the Promotion. Bankrate reserves the right to verify eligibility qualifications of any 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. 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. Bankrate is not responsible for lost, late or misdirected entries or for entries not received by Bankrate. Without limiting the generality of the two immediately foregoing sentences, proof of online entry will not be deemed to be proof of receipt of entry by Bankrate. 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 (i) fraud, tampering, or impairment or disruption of the administration, security, fairness or proper play of the Promotion, or (ii) 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 WEBSITE AND/OR DAMAGE AND/OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD 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 AND USE: Except where prohibited by law, each entrant, by entering the Promotion, grants to Bankrate, and its subsidiaries and affiliates, and its and their respective marketing agencies, licensees, contractors, representatives, agents and assigns (collectively, the “Authorized Bankrate Group“), the absolute and worldwide right, license and permission to use, in any manner or media whatsoever, any of the following, in their sole and absolute discretion without any right on such entrant’s part to inspect or approve such use (collectively, such entrant’s “Granted Items“): such entrant’s name, voice, image, actions, videos and photographs (including, without limitation, all items that such shares or submits in connection with entering the Promotion), biographical information (including, without limitation, hometown and state) and/or likeness for any promotional and publicity purposes (which use may include, without limitation, use on Internet/Intranet pages, Pinterest pages, Tumblr pages, Twitter feeds, Vine profiles, Instagram pages and/or Facebook pages), alone or accompanied by other material, or distorted or altered in character or form. By entering the Promotion, each entrant represents and warrants that such entrant has the full right and power to grant the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity, and each entrant agrees further that such entrant will not hold any member of the Authorized Bankrate Group, or any other person or entity who receives permission from any of them, responsible for, and hereby releases each of the foregoing from, and covenants not to sue any of the foregoing for, any claim, cause of action or liability, whether known or unknown, resulting from the use of such entrant’s Granted Items in accordance with the terms hereof or the exercise of any of the rights referred to herein, including, but not limited to, claims in the nature of copyright infringement, defamation, disparagement, slander, libel, false light, invasion of privacy or publicity, personality or the like. By entering the Promotion, each entrant represents and warrants to Bankrate that each item shared or submitted to Bankrate in connection with the Promotion is (and/or, if applicable, will be) the property of such entrant, solely, and that such entrant has all right, title and interest in and to all such items and that such entrant has the unlimited and unrestricted right to submit all such items to the Authorized Bankrate Group.
SELECTION AND NOTIFICATION OF THE WINNER: Subject to these Official Rules, the three (3) winning entries will be selected by a panel of judges (which panel will consist of one or more judges and which judge(s) will be selected by Bankrate in its sole discretion), within approximately thirty (30) days following the end of the Promotion Period, from among all entries received by Bankrate during the Promotion Period and submitted in accordance with these Official Rules, including, without limitation, the “How to Enter” section of these Official Rules. The three (3) Winners will be the three entrants who, in the sole discretion of such panel of judges, have submitted the most creative Frugal Holiday Tips.
NO WINNER WILL BE REQUIRED TO BE PRESENT AT THE TIME OF THE SELECTION DRAWING.
On or about forty-eight (48) hours after the determination of the Winners, the Winners will be notified by email or telephone. Each 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 the Winner, if by telephone. Each Winner must claim his or her Prize in the manner indicated in Bankrate’s notification of such Winner. For the avoidance of doubt, each Winner must continue to comply with these Official Rules.
If any 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, selected randomly from the remaining eligible entries, will be contacted. Bankrate’s decisions with respect to each Winner and other matters pertaining to the Promotion shall be final.
REQUIREMENTS OF THE WINNERS: Each Winner 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 such Winner’s eligibility to win the Prize won by such Winner and, prior to, and as a condition of, such Winner’s acceptance and use of such Prize. If any Winner’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 Bankrate’s notification of such Winner, or if, after Bankrate’s receipt of an Affidavit from any Winner, such Winner is found to be an ineligible entrant, such Winner’s entry will be disqualified and an alternative potential Winner, randomly selected from the remaining eligible entries from among all remaining eligible entries (either by a panel of judges in the manner described or at random), will be contacted.
TO RECEIVE THE WINNERS’ NAMEs OR OFFICIAL RULES: To request the name of the Winners or a copy of these Official Rules, a person should mail his or her request, along with a self-addressed stamped envelope (residents of Washington state and Vermont need not include postage) to: Bankrate, Inc., Bankrate.com #FrugFabHoliday Contest, Attention: Janet Reusch, 11760 U.S. Highway 1, North Palm Beach, Florida 33408. Each such request should specify whether such person is requesting the names of the Winners or a copy of the Official Rules. Requests for the names of the Winners must be received by Bankrate at the address above during the time period that begins on the tenth (10th) business day following the end of the Promotion Period and ends of the twentieth (20th) business day following the end of the Promotion Period. Requests for a copy of these Official Rules received more than ninety (90) days after the end of the Promotion Period will not be honored.
SPONSOR: Bankrate is the sponsor of the Promotion.
NONE OF FACEBOOK, PINTEREST, VINE, INSTAGRAM, TUMBLR, TWITTER NOR OFFERPOP IS A SPONSOR: The Promotion is in no way sponsored by, endorsed by, administered by or associated with Facebook Inc. (“Facebook“), Pinterest, Inc. (“Pinterest“), Vine Labs, Inc. (“Vine“), Instagram, LLC (“Instagram“), Tumblr, Inc. (“Tumblr“), Twitter, Inc. (“Twitter“), or Offerpop Corporation (“Offerpop“).
GENERAL PROVISIONS: Florida 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 Contest URL notice that the Promotion has been canceled or modified. In such event, Bankrate reserves the right to award the Prizes 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. Bankrate reserves the right in, its sole discretion, to change the dates of the Promotion Period, with or without notice, in the event of technical failure, or for any other reason. EACH 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 THAT ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Bankrate’s failure to enforce any term of these Official Rules shall not constitute a waiver of Bankrate’s ability to enforce any of its rights under these Official Rules. Any taxes due on any Prize will be the sole responsibility of the Winner of such 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 to substitute, in the place of any Prize, 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. The names of individuals, groups, companies, products and services mentioned in these Official Rules or in or on any promotional materials (including, without limitation, any website) with respect to the Promotion, and any corresponding likenesses, logos and images thereof reproduced in these Official Rules or in or on any such promotional materials, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company or the inclusion of a product or service as a Prize does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.
All expenses not specifically identified as being included in a Prize are the sole responsibility of the Winner of such Prize. All taxes, fees and surcharges related to each Prize, if any, are the sole responsibility of the Winner of such Prize. No Prize shall be used in connection with any other promotion or offer.
DISPUTES; LIMITATIONS OF LIABILITY: Each entrant agrees that: (i) 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 Florida state courts of record in Palm Beach County, Florida, (ii) 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 (iii) under no circumstances will an entrant be permitted to obtain awards for, and, by entering the Promotion, each 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 (ii), 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 APPLICABLE LANGUAGE IN SUBSECTION III OF THE IMMEDIATELY FOREGOING SENTENCE 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 Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. All Florida state and local laws and regulations apply.
INDEMNIFICATION AND RELEASE: Each entrant agrees to defend, indemnify and hold Bankrate, Facebook, Pinterest, Vine, Instagram, Tumblr, Twitter or Offerpop, 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, Facebook, Pinterest, Vine, Instagram, Tumblr, Twitter and Offerpop, a “Released and Indemnified Party,” and collectively, including, without limitation, Bankrate, Facebook, Pinterest, Vine, Instagram, Tumblr, Twitter or Offerpop, 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 (no matter whether at law or 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.
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: (I) ENTRY OR PARTICIPATING IN THE PROMOTION AND/OR (II) ACCEPTING, USING, OR MISUSING ANY PRIZE.
ADDITIONAL LIMITATIONS OF LIABILITY: Bankrate is not responsible for: (i) electronic, human, United States Postal Service, equipment programming or other errors, omissions, interruptions, defects or delays 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, (ii) technical failures of any kind, including, without limitation, the malfunctioning of any electronic equipment, computer, Internet, website, network, hardware or software, a computer virus, bug or other technical problem, (iii) unauthorized human intervention in any part of the entry process or the Promotion, (iv) any entrant’s conduct in connection with the Promotion, (v) any printing, typographical, technical errors in any materials associated with the Promotion or any Prize, (vi) incorrect, inaccurate, late, lost, stolen, illegible, incomplete, or misdirected entries, or entries received through impermissible or illegitimate channels, or (vii) 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.