MoneyLion 23XI Giveaway Official Rules FINAL 6.20.22pdf
MoneyLion 23XI Giveaway Official Rules FINAL 6.20.22pdf
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  1. MoneyLion’s 23XI Sweepstakes Official Rules –FINALJune 20, 2022THE MONEYLION 23XI SWEEPSTAKES OFFICIAL RULESNO PURCHASE NECESSARY TO ENTER OR WINA PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING1.ELIGIBILITY:The MoneyLion23XI Sweepstakes” (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older (“Entrant”). Employees, officers, and directors including immediate family members (spouse,parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of MoneyLion Technologies Inc. (the “Sponsor”), MalkaMedia, NASCAR®, and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Sweepstakes (“Related Entities”) are not eligible to participate or win a Prize (as defined below in Section 6). The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. The Sweepstakes is void where prohibited or restricted by law, rule or regulation. INTERNET ACCESS, A VALID E-MAIL ADDRESS AND EITHER AN ACTIVE AND PUBLIC INSTAGRAM ACCOUNT, OR AN ACTIVE AND PUBLIC TWITTER ACCOUNT ARE REQUIRED TO ENTER THIS SWEEPSTAKES You may sign up for a FREE Instagram account at www.instagram.com, or a FREE Twitter account at www.twitter.com. 2.TIMING: The Sweepstakes begins at approximately 12:00 AM Eastern Daylight Savings Time (“EDT”) on June 21, 2022 and ends at approximately 7:00 PM Eastern Standard Time (“EST”) on November 6, 2022 (“Sweepstakes Period”).3.TWENTY (20) ENTRY PERIODS: During the Sweepstakes Period, there are twenty (20) entry periods (each an “Entry Period”) as follows:Entry Period #1:Between 9:00 AM EDT on June 21, 2022 and 9:00 AM EDT on June 22, 2022;Entry Period #2:Between 9:00 AM EDT on June 21, 2022 and 9:00 AM EDT on June 29, 2022;Entry Period #3:Between 9:00AM EDT on June 21, 2022 and 9:00 AM EDT on July 6, 2022;Entry Period #4:Between 9:00 AM EDT on June 21, 2022 and 9:00 AM EDT on July 13, 2022;Entry Period #5:Between 9:00 AM EDT on June 21, 2022 and 9:00 AM EDT on July 20, 2022;Entry Period #6:Between 9:00 AM EDT on June 21, 2022 and 9:00 AM EDT on July 27, 2022;Entry Period #7:Between 9:00 AM EDT on June 21, 2022 and 9:00 AM EDT on August 3, 2022;Entry Period #8:Between 9:00 AM EDT on June 21, 2022 and 9:00 AM EDT on August 10, 2022;Entry Period #9:Between 9:00 AM EDT on June 21, 2022 and 9:00 AM EDT on August 17, 2022; Entry Period #10:Between 9:00 AMEDT on June 21, 2022and 9:00 AMEDT on August 24, 2022; Entry Period #11:Between 9:00 AMEDT on June 21, 2022 and 9:00 AMEDT on August 31, 2022;Entry Period #12:Between 9:00 AM EDT on June 21, 2022 and 9:00 AM EDT on September 7, 2022;Entry Period #13:Between 9:00 AMEDT on June 21, 2022 and 9:00 AM EDT on September 14, 2022; Entry Period #14: Between 9:00 AM EDT onJune 210, 2022 and 9:00 AM EDT on September 21, 2022; Entry Period #15:Between 9:00 AM EDT on June 21, 2022 and 9:00 AM EDT on September 28, 2022; Entry Period #16:Between 9:00 AMEDT on June 21, 2022 and 9:00 AM EDT on October 5, 2022; Entry Period #17:Between 9:00 AM EDT on June 21, 2022 and 9:00 AM EDT on October 12, 2022;Entry Period #18: Between 9:00 AM EDT on June 21, 2022and 9:00 AMEDT on October 19, 2022;Entry Period #19:Between 9:00 AMEDT on June 21, 2022 and 9:00 AMEDT on October 26, 2022; and
  2. Entry Period #20:Between 9:00 AM EDT on June 21, 2022 and 9:00 AM EDT on November 2, 2022 4.TWO (2) WAYS TO ENTER: (A) SOCIAL MEDIA PLATFORM METHOD: VIA TWITTER.COM METHOD: During an Entry Period,(i) Download the MoneyLion app for FREE; (ii) Sign Up for MoneyLion for FREE; (iii) Create a RoarTag within the MoneyLion app; (iv) Follow MoneyLion onTwitter.com; and (v) Post your RoarTag on MoneyLion’s Twitter channel, the 23XI Twitter channel, the Bubba Wallace Twitter channel, the Kurt Busch Twitter channel, or via 23XIwithin the MoneyLion app; or (B) SURVEY METHOD: During an Entry Period, complete the designated Survey at https://mlion.info/39A7Azm(A and B, individually defined as “Entry” and collectively defined as “Entries”). Entries posted via the Social Media Channels are the views/opinions of the individual Entrant and do not reflect the views of Sponsor in any manner. ENTRY RESTRICTIONS:Entries may not contain, as determined by Sponsor’s sole discretion, any Entry that:●Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; obscene or offensive; ●Features celebrities or public figures except those celebrities that are participating in the MoneyLion 23XI Sweepstakes; ●Promotes irresponsible or excessive consumption of alcohol; promotes illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;●Defames, misrepresents or contains disparaging remarks about other people or companies;●Contains trademarks, trade names or copyrighted materials owned by others, except those owned by Sponsor for which Sponsor has provided Entrant a limited license to use as it relates to this Sweepstakes;●Contains any personal identification, such as license plate numbers, personal names (other than first name), email or street address;●Communicates messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; ●Contains competitive products of Sponsor; and/or●Violates any law or infringes upon the rights of any other person or companyBy entering the Sweepstakes and submitting an Entry, each Entrant grants Sponsor and the Related Entities (1) a worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, paid up royalty-free license and right to edit, modify, publish, use, reuse, distribute, display, copy and otherwise exploit the Entry or any part thereof (with or without the entrant’s name and city/state), and any materials based thereon or derived therefrom, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging, production of any merchandise to be sold commercially and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Related Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant, except where prohibited by law. This license expressly includes a right (but not the obligation) for Sponsor to modify the Entry, or to remove any third-party intellectual property. Sponsor shall have the right, in its sole discretion, toedit, composite, morph, scan, duplicate, or alter the Entry for any purpose which Sponsor deem(s) necessary or desirable, and Entrant irrevocably waives any and all so-called moral rights they may have therein; (2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; (3) certifies that the Entrant is the creator and sole copyright owner of the Entry; (4) the Entry has not been previously published, and has not won previous awards, does not incorporate any material owned by any third party; and (5) the use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry. In addition, each Entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein or require Entrant’s permission to use the Entry (or any part thereof) for the purposes stated herein.
  3. By posting the Entry on Twitter.com, each Entrant consents to receive from the Sponsor a Twitter direct message notifying him/her if he/she is a potential winner. Entrants will be required to have a public Twitter account to receive a direct message. Entries posted by a protected Twitter account will be disqualified.Limit one (1) Entry per personper Entry Period, regardless of the number of Twitter accounts the Entrant uses. Up to twenty (20) Entries per person among all twenty (20) Entry Periods. Use of automated entry or similar devices as defined herein but not limited to, aggregator sites and or provided links, or contracted services, which are used to participate, “game” or subvert the Entry process is prohibited and all postings submitted or otherwise effectuated through such devices are void and will not be honored in any way. Persons found tampering with or abusing any aspect of the Sweepstakes, or whom Sponsor believes to be causing malfunction, error, fraudulent activity of any kind, disruption or damage will be disqualified from the Sweepstakes. Sponsor reserves the right to void any Entry that is posted through robotic, automatic, mechanical, programmed or similar duplication method, or posted through any third-party website, and to disqualify any Entrant using such a method. Sponsor is not responsible for any lost, late, stolen, delayed, illegible, incomplete, mutilated, mis-addressed or misdirected Entries. Incomplete, inaccurate, unintelligible or late Entries submitted which otherwise do not comply with these Official Rules will be deemed void. All Entries become the property of the Sponsor and will not be acknowledged or returned and Sponsor reserves the right to dispose of these Entries at its sole discretion. By posting your Entry and including the designated hashtag, constitutes your consent to participate in this Sweepstakes and your consent for Sponsor and/or designee to contact you for the purpose of administering this Sweepstakes and for other uses by Sponsor as permitted by these Official Rules and by applicable law.The Related Entities are not responsible for any problems or technical, hardware, or software malfunctions of any network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Sweepstakes, computer online systems, servers or providers, computer or other electronic equipment, software, failure of any e-mail or Entry to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or at any social media site, or any combination thereof, including, without limitation, any injury or damage to Entrant or any other person’s computer or other electronic device relating to or resulting from participating in this Sweepstakes or uploading/downloading any materials in connection with this Sweepstakes.By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules. DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Entry is submitted into the Sweepstakes, any such posting will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH ENTRY BY SPONSOR. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Entry.BY ENTERING THIS SWEEPSTAKES AND SUBMITTING AN ENTRY, YOUR ENTRY MATERIALS AS DEFINED HEREIN, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS AT ITS SOLE DISCRETION. Sponsor has no obligation to use or post any Entry submitted by any Entrant. The use of an Entry by Sponsor or any Related Entity does not have any effect on the winner selection process.Use of a mobile device to participate in this Sweepstakes is not required. If you use a mobile device to post an Entry, message and data rates may apply, and Entrants will be solely responsible for any and all applicable charges. Please consult your wireless-service provider regarding its pricing plans.
  4. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter or NASCAR®. By submitting an Entry, you understand that you are submitting your information to Sponsor. By entering the Sweepstakes, each Entrant waives, discharges and releases Twitter and NASCAR® from any and all liability associated with the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor and not to Twitter or NASCAR®.5.TWENTY (20) WEEKLY RANDOM DRAWINGS: ODDS OF WINNING: Two (2) potential winners (each a “Weekly Winner”) will be selected in a weekly random drawing (each a “Weekly Random Drawing”) from among all Entries received in each Entry Period. A total of twenty (20) Weekly Random Drawings will be conducted and a total of forty (40) Weekly Winners will be selected. The twenty (20) Weekly Random Drawings will take placeas follows:Weekly Random Drawing #1:Will be conducted from among all Entries received in Entry Period #1 on June 22, 2022.Weekly Random Drawing #2:Will be conducted from among all Entries received in Entry Period #2 on June 29, 2022;Weekly Random Drawing #3:Will be conducted from among all Entries received in Entry Period #3 on July 6, 2022;Weekly Random Drawing #4:Will be conducted from among all Entries received in Entry Period #4 on July 13, 2022;Weekly Random Drawing #5:Will be conducted from among all Entries received in Entry Period #5 on July 20, 2022;Weekly Random Drawing #6: Will be conducted from among all Entries received in Entry Period #6 on July 27, 2022;Weekly Random Drawing #7:Will be conducted from among all Entries received in Entry Period #7 on August 3, 2022Weekly Random Drawing #8: Will be conducted from among all Entries received in Entry Period #8 on August 10, 2022;Weekly Random Drawing #9: Will be conducted from among all Entries received in Entry Period #9 on August 17, 2022;Weekly Random Drawing #10:Will be conducted from among all Entries received in Entry Period #10 on August 24, 2022; Weekly Random Drawing #11:Will be conducted from among all Entries received in Entry Period #11 on August 31, 2022;Weekly Random Drawing #12:Will be conducted from among all Entries received in Entry Period #12 on September 7, 2022; Weekly Random Drawing #13:Will be conducted from among all Entries received in Entry Period #13 on September 14, 2022;Weekly Random Drawing #14: Will be conducted from among all Entries received in Entry Period #14 on September 21, 2022;Weekly Random Drawing #15:Will be conducted from among allEntries received in Entry Period #15 on September 28, 2022;Weekly Random Drawing #16:Will be conducted from among all Entries received in Entry Period #16 on October 5, 2022;Weekly Random Drawing #17:Will be conducted from among all Entries received in Entry Period #17 on October 12, 2022;Weekly Random Drawing #18:Will be conducted from among all Entries received in Entry Period #18 on October 19, 2022;Weekly Random Drawing #19:Will be conducted from among all Entries received in Entry Period #19 on October 26, 2022; and Weekly Random Drawing #20:Will be conducted from among all Entries received in Entry Period #20 on November 2, 2022.Odds of winning depend upon the number of Entries received in each Entry Period. All Random Drawings will be conducted by Sponsor. Sweepstakes entrants agree to be bound by the terms of these Official Rules
  5. and by the decisions of the Sponsor, which are final and binding on all matters pertaining to this Sweepstakes. Entries are subject to verification of eligibility and compliance with the terms of these Official Rules. All Weekly Prizes may not be awarded in the event an insufficient number of eligible Entries are received. All Weekly Winners will be announced via MoneyLion’s Twitter Channel on or about eight (8)hours after each corresponding Entry Period. 6.PRIZES AND THEIR APPROXIMATE RETAIL VALUES (“ARV”): FORTY (40) WEEKLY PRIZES: Each Weekly Prize consists of (i) five hundred dollars ($500); and (ii) the opportunity for the Weekly Winner’s RoarTag submitted at the time of Entry to appear either on #23 Bubba Wallace’s (“Driver”) car or #45 Kurt Busch’s (“Driver”) car at a designated NASCAR® Race in 2022 as follows:Weekly Random Drawing #1 Weekly Winners:Ally 400 @Nashville SuperSpeedway on June 26, 2022;Weekly Random Drawing #2 Weekly Winners:Kwik Trip250 @Road America on July 3, 2022;Weekly Random Drawing #3 Weekly Winners:Quaker State 400 @Atlanta Motor Speedway on July 10, 2022;Weekly Random Drawing #4 Weekly Winners:Ambetter 301 @New Hampshire Motor Speedway on July 17, 2022;Weekly Random Drawing #5 Weekly Winners:M&M’s Fan Appreciation 400 @Pocono Speedway on July 242022;Weekly Random Drawing #6 Weekly Winners:Verizon 200 at the Brickyard @Indianpolis Motor Speedway Road Course on July 31, 2022;Weekly Random Drawing #7 Weekly Winners: FireKeepers Casino 400 @Michigan International Speedway on August 7, 2022;Weekly Random Drawing #8 Weekly Winners:Federated Auto Parts 400 @Richmond Raceway on August 14, 2022;Weekly Random Drawing #9 Weekly Winners:Go Bowling at The Glen @Watkins Glen International on August 21, 2022;Weekly Random Drawing #10 Weekly Winners:Coke Zero Sugar 400 @Daytona International Speedway on August 272022; Weekly Random Drawing #11 Weekly Winners:Cook Out Southern 500 @Darlington Raceway on September 4, 2022;Weekly Random Drawing #12 Weekly Winners:Hollywood Casino 400 @Kansas Speedway on September 11, 2022;Weekly RandomDrawing #13 Weekly Winners:Bass Pro Shops Night Race @Bristol Motor Speedway on September 17, 2022;Weekly Random Drawing #14 Weekly Winners:AutoTrader EchoPark Automotive 500 @Texas Motor Speedway on September 25,2022;Weekly Random Drawing #15 WeeklyWinners:YellaWood 500 @Talladega SuperSpeedway on October 2, 2022;Weekly Random Drawing #16 Weekly Winners:Bank of America ROVAL 400 @Charlotte Motor Speedway Road Course on October 9, 2022;Weekly Random Drawing #17 Weekly Winners:South Point 400 @LasVegas Motor Spedway on October 16, 2022;Weekly Random Drawing #18 Weekly Winners:Dixie Vodka 400 @Homestead-Miami Speedway on October 23, 2022;Weekly Random Drawing #19 Weekly Winners: Xfinity 500 @Martinsville Speedway on October 30, 2022; andWeekly Random Drawing #20 Weekly Winners:NASCAR Cup Series Championship @Phoenix Raceway on November 6, 2022Sponsor will designate which Weekly Winner’s RoarTagwill appear either on #23 Bubba Wallace’s Car or #45 Kurt Busch’s car at each designated NASCAR® Race stated above. In the event a Weekly Winner’s RoarTag appears on a Driver’s car, however, for whatever reason, that Driver is unavailable to compete in the corresponding NASCAR® Race, an alternate driver will be assigned to compete in place of the Driver at the sole discretion of the Sponsor. In the event, for whatever reason, a NASCAR® Race is canceled, the corresponding Weekly Winners’ RoarTag will not appear on a Driver’s Car, the corresponding Weekly
  6. Winners will have no chance of winning $10,000 and no compensation other than the five hundred dollars ($500) will be provided to those Weekly Winners. The five hundred dollars ($500) will be deposited directly into the Weekly Winner’s MoneyLion RoarMoney account within four to six weeks after Weekly Winner confirmation. Each RoarMoney account has a subscription fee of one dollar ($1.00) per month. Weekly Winners will have the option to receive a check made payable to his/her order in lieu of the direct deposit into the Weekly Winner’s MoneyLion RoarMoney account. UP TO TWENTY (20) GRAND PRIZES:If the Driver who has a Weekly Winner’s RoarTag on his car wins that designated NASCAR® Race, that corresponding Weekly Winner will receive ten thousand dollars ($10,000). All Grand Prizes, if any, will be awarded as a check made payable to the Weekly Winner’s order and will be delivered to the Weekly Winner within four to six weeks.TOTAL ARV OF ALL PRIZES: UP TO $220,000. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any Prize including but not limited to its quality, fitness for purpose or mechanical condition. No substitution, assignment or transfer of any prize permitted. If the advertised prizes cannot be awarded due to circumstances beyond the Sponsor’s control including but not limited to, delays, interruptions or cancellations of a NASCAR® Race or because of acts of God, acts of war, strikes, governmental action, pandemics, natural disasters, weather or acts of terrorism, the Sponsor reserves the right not to award any or all Weekly Prizes or Grand Prizes. PRIZES ARE AWARDED “AS IS” AND WITHOUTWARRANTY OF ANY KIND EXPRESSED OR IMPLIED.7. PRIZE WINNER NOTIFICATION:Each Weekly Winner will be required to complete a Prize Verification Form and Publicity Release. Each Grand Prize Winner, if applicable, will be required to complete, sign and return an Affidavit of Eligibility and Release of Liability and where permitted, a Publicity Release or similar documentation and a Form W-9 within five (5) days of notification. A potential Prize Winner may be disqualified under any of the following circumstances; i)if he/she cannot be reached by Sponsor within the specified time period; ii)if a Prize notification or email address or social media channel is returned as undeliverable; iii)if a potential Prize Winner is found to be ineligible; iv)if a potential Prize Winner does not return the required Prize Verification Form or Affidavit of Eligibility, Liability and Publicity Release within the required time period; v)if a potential Prize Winner is unwilling to accept the Prize as stated in these Official Rules; or vi)if a potential Prize Winner does not comply with these Official Rules. Each Grand Prize Winner will be required to supply Sponsor and Sweepstakes Administrator with his/her social security number. Each Grand Prize Winner will be issued a FORM 1099-MISC for tax purposes as required by law. Each Prize Winner is solely responsible for any and all federal and applicable state taxes on the Prize. In the event a potential Weekly Prize Winner is disqualified for any reason, Sponsor will award theWeekly Prize to an alternate Weekly Winner selected in a Random Drawing from among all remaining eligible Entries received by the corresponding Random Drawing in which the disqualified Weekly Winner was selected. POTENTIALPRIZEWINNERSARESUBJECTTOVERIFICATIONBYSPONSORAND/ORTHESWEEPSTAKESADMINISTRATOR.ANENTRANTISNOTAWINNEROFANYPRIZE,EVENIFTHESWEEPSTAKESSHOULDSOINDICATE,UNLESSANDUNTILENTRANT’SELIGIBILITY,ANDAPOTENTIALSWEEPSTAKESPRIZEWINNERHASBEENVERIFIEDANDENTRANTHASBEENNOTIFIEDTHATVERIFICATIONISCOMPLETE.SPONSORISNOTRESPONSIBLEFORFRAUDULENTCALLS,DIRECTMESSAGESOREMAILSMADETOTHEENTRANTSNOTBYSPONSORORSWEEPSTAKESADMINISTRATOR.8.WAIVER OF LIABILITY/PUBLICITY RELEASE:By participating in the Sweepstakes and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor, and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all oftheir respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of a Prize. By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by
  7. the Sponsor, and/or designee by direct message at his/her social media channel, telephone, e-mail and/or postal mail for Sweepstakespurposes. Each Prize Winner, by acceptance of a Prize, grants to Sponsor, and each of their respective designees the right to publicize such Prize Winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.9. GENERALCONDITIONS:Released Parties are not responsible for stolen, late, incomplete, incorrect, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, misaddressed, undelivered, mutilated or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; any error, omission, interruption, defect or delay in transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwiserelating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of a Prize or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor arein violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action bythe Sponsor, and/or their respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion. ReleasedParties (i) make no warranty, guaranty or representation of any kind concerning a Prize. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). Sponsor also reserves the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSORAND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.In the event of dispute as to the identity or eligibility of any potential Prize Winner based on a social media handle or an e-mail address, the winning entry will be declared made by the “Authorized Account Holder” of the social media handle or the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider, social media platform or other organization (such as a business or
  8. educational institution) has assigned the social media handle or the e-mail address for the domain associated with the submitted e-mail address.10.BINDING ARBITRATION:Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the proceduralrules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Nevada law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demandfor arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.11.GOVERNING LAW & JURISDICTION:The Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations ofEntrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in “Binding Arbitration” Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in New York City.
  9. 12.ENTRANT’S PERSONAL INFORMATION: By participating in this Sweepstakes, each Entrant acknowledges and agrees that information collected in this Sweepstakes is subject to Sponsor’s privacy policy available at http://www.moneylion.com/privacy-notice/. Such information is collected by Sponsor (and/or its designee). 13.WINNERS LIST/OFFICIAL RULES: To obtain a list of Prize Winners (available after November 15, 2022) or a copy of the Official Rules, send a self-addressed stamped envelope to be received by December 30, 2022 to: The MoneyLion 23XI Sweepstakes, c/o PCG365, LLC, P.O. Box 1008, Manhasset, NY 11030. Vermont residents do not need to affix return postage. Please identify on the outer envelope if you are requesting the “Official Rules” or the “Winners List”. 14.SPONSOR: The Sponsor of this Sweepstakes is MoneyLion Technologies, Inc. P.O. Box 1547, Sandy, UT 84091.
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