Giveaway Terms
Last updated: 03/26/21
POINT UP INC SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The giveaway,
sweepstakes, or other promotion (the “Sweepstakes”) is sponsored by Point Up Inc. having an address of 251 Post St., Ste. 510, San Francisco, CA 94108 (“Sponsor”).
Eligibility:
Subject to these Official Rules, the Sweepstakes is open only to permanent legal U.S. residents physically residing in the fifty (50) United States of America and the District of Columbia, who are at least 18 years old as of the date of entry and who have an Eligible Point Account. An “Eligible Point Account” means a Point Card account that has successfully completed identity verification steps, has agreed to Point’s Terms of Service, and who has not closed their account as of the end of the Entry Period. Eligible entrants are “Entrants” as used herein. Employees of Sponsor and its parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Sweepstakes, and their immediate family members or household members are not eligible to participate in or win the Sweepstakes. THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
Entry Period:
The Sweepstakes begins on the date of the Announcing Post and at the time, in Pacific Time the Announcing Post is published, and ends at 11:59PM Pacific Time on the end date specified in the Announcing Post (“Entry Period”). If no end date is specified, the end date will be deemed to be the same date as the publication of the Announcing Post.
How to Enter:
To participate and enter this Sweepstakes, you will need a Twitter or Instagram account as applicable (a “Social Media Account”) and an Eligible Point Account.
If you don’t already have a Twitter account, visit www.twitter.com to create one; creating a Twitter account is free. By submitting your information and creating a Twitter account, you will be required to agree to the Twitter terms of service and privacy notice. If you do not agree to Twitter’s terms of service and privacy notice, you cannot create a Twitter account.
If you don’t already have an Instagram account, visit www.instagram.com to create one; creating an Instagram account is free. By submitting your information and creating an Instagram account, you will be required to agree to the Instagram terms of service and privacy notice. If you do not agree to Instagram’s terms of service and privacy notice, you cannot create an Instagram account.
If you don’t already have a Point account, visit www.point.app or visit your App Store and download Point. It is free to download Point and otherwise create a Point account. By submitting your information and creating a Point account, you will be required to agree to the Point terms of service and privacy notice. If you do not agree to the Point terms of service and privacy notice, you cannot create a Point account.
To enter the Sweepstakes, Entrants must (1) reply to the post on the applicable Social Media Account from @pointcardhq promoting the Sweepstakes (the “Announcing Post”) and (2) follow all instructions in the Announcing Post (an “Entry”).
Sponsor may disqualify entries if the Entry and related tag includes inappropriate, offensive, or other derogatory language or information. Sponsor reserves the right to remove, reject, or disqualify (along with the entrants who submitted them) any Entry or related tag which, in its opinion, (a) violates any of these Official Rules, the terms of service and privacy policy of the Social Media Account or Point, (b) infringes, misappropriates, or violates any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or right of privacy or publicity, or (c) is otherwise inappropriate for inclusion in the Sweepstakes. For purposes of this Sweepstakes, only Entries that are recorded through the Social Media Account servers will be considered. Other proof of submitting an Entry (such as a printed or copied screenshot or message) does not constitute proof of actual receipt of the Entry for purposes of this Sweepstakes. The Social Media Account database clock will be the official timekeeper for this Sweepstakes. NOTE: Sponsor may not receive entries from Twitter or Instagram users with “protected” or “private” updates (i.e., user has set their Social Media Account or so that only people the user has approved can view updates) due to the way the Social Media Account operates their services. Social Media Account posts not received by Sponsor will not be entered into the Sweepstakes. Multiple entrants are not permitted to share the same Social Media Account. Attempts made by an individual to submit Entries in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Entries that are generated by a macro, bot, or other automated means will not be accepted and will be void. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. Such third parties may use your information for their own independent purposes in accordance with their own independent privacy practices. Except as otherwise contemplated in these Official Rules, Sponsor will use personal information collected in connection with the Sweepstakes in accordance with its online privacy policy, located at https://point.app/privacy.
Entries made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial sweepstakes subscription notification or entering services, will be declared invalid and disqualified for this Sweepstakes.
NOTE ABOUT TWITTER AND INSTAGRAM:Sponsor is not responsible for any changes or unavailability of the Social Media Account service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the Social Media Account for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the Social Media Account, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. It is a potential winner’s responsibility to set his/her Social Media Account as applicable, to accept contacts by Sponsor and to timely check such account for any Sponsor direct messages.
Alternative Method of Entry (“AMOE”):Entrants may also enter the Sweepstakes by mail as follows. On a plain 3” x 5” index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address (if any) and mail your completed 3” x 5” card to Points Party Entry: 251 Post St., Ste 510, San Francisco, CA 94018. To be considered eligible in the Sweepstakes, AMOE entries must be postmarked at a date during the Entry Period. Each AMOE card received will be considered as one (1) entry for that entrant.
Regardless of the method used to enter this Sweepstakes, the maximum number of entries allowed during the Entry Period is one per entrant.
Prizes:
The number of Entrants described in the Announcing Post (no greater than 10 if not otherwise specified) will each win a prize (“Prize”) of Point reward points in the quantity specified in the Announcing Post. All reward points are subject to Points Rewards & Benefits Terms, https://point.app/rewards. If no quantity of Point reward points are specified, but such points are otherwise specifically offered as a Prize, such quantity will be no greater than 10. Notwithstanding anything to the contrary, if a currency amount is referenced as a Prize, any redemption of the Prize will only be in Point reward points, subject to the terms herein. Reward points have neither cash value, surrender value, transfer value nor any other value of any kind until and to the extent they are actually redeemed by Point.
Decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes. Please allow 6-8 weeks for delivery of Prizes. In no event shall the Sponsor be obligated to award any prizes other than the Prizes specified in these Official Rules. The Prizes are non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. If a winner’s Eligible Point Account is not open at the time of Prize distribution, such winner thereby forfeits the Prize. Winners shall be responsible and liable for all federal, state and local taxes on the value of the Prizes, and any related shipping and handling charges. To receive a complete list of winners or a copy of the Official Rules, within three (3) months after the end of the Entry Period, send a self-addressed stamped envelope to Point Up Inc Sweepstakes Winner’s List, 251 Post St. Ste, 510, San Francisco, CA 94108, and include with such envelope the date and Social Media Account of the Sweepstakes about which you are inquiring.
Prizes selection:
The winning entry for the Prize will be chosen at random from all eligible Entries during the Entry Period. The number of eligible entries received determines the odds of winning. In the event of a dispute regarding the identity of the potential winner, the potential winner will be deemed to be the person in whose name the Social Media Account is registered.
The Sweepstakes will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Sweepstakes. Winners will be notified through the messages in the Social Media Account; provided, however, that Sponsor reserves the right to determine an alternate method of notification. Winners must claim their Prize within seven (7) days after the date of notification of such Prize. A Sweepstakes winner's failure to respond to the Prize notification within the specified time will be considered such Sweepstakes winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.
General Conditions and Releases:
By entering the Sweepstakes or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize or an alternate winner will be selected. Winners may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list).
An entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Sweepstakes is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Sweepstakes; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Sweepstakes; or (5) any warranty with respect to any Prize or any component thereof. THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
By entering the Sweepstakes, you agree to and hereby do release and hold harmless Sponsor and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Sweepstakes, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Sweepstakes may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Sweepstakes. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor’s website to such effect. This Sweepstakes shall be governed by California law, without regard to conflicts of laws provisions. By participating in this Sweepstakes, you agree that any dispute or litigation arising from or relating to this Sweepstakes shall be determined by binding arbitration only in San Francisco, CA, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
