Sezzle Sweepstakes Official Rules

IMPORTANT:

By participating in the Sezzle Customer Experience Survey (the “Sweepstakes”), you agree to be bound by these rules (the “Official Rules”) and represent that you satisfy all eligibility requirements set forth herein.

NO PURCHASE OR DONATION NECESSARY. A PURCHASE OR DONATION WILL NOT INCREASE YOUR LIKELIHOOD OF WINNING. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARDS.

AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

1. Introduction:

The Sweepstakes is sponsored by Sezzle, Inc., located at 251 N 1st Ave, Suite 200, Minneapolis, MN 55401 ("Sezzle"), and offered through Sezzle’s company website, located at https://sezzle.com/. Winners will be selected in a random drawing from among all eligible entries received. All applicable federal, state, provincial, municipal, territorial and local laws and regulations apply.

2. Agreement to Official Rules:

By entering, you indicate your full and unconditional agreement to (a) these Official Rules, and (b) Sezzle’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. Timing:

The Sweepstakes begins on Monday, November 15, 2021 at 12:00 a.m. Eastern Time ("ET") and ends on Thursday, November 18, 2021 at 11:59 p.m. ET ("Sweepstakes Period"). Sezzle’s computer is the official time-keeping device for this Sweepstakes.

4. Eligibility:

The Sweepstakes is open to legal residents of the fifty (50) United States (and the District of Columbia) who are at least eighteen (18) years of age or older (each, an “Entrant”). Void where prohibited or restricted by law. Residents of Puerto Rico are not eligible. Entrants’ proof of residency and age may be required. Employees, officers, directors, members and representatives of Sezzle and/or its parent companies, subsidiaries and affiliates, as well as the immediate family members (spouse, parents, siblings and children and each of their respective spouses, children and siblings) of each of the foregoing and persons living in the same households of each of the foregoing are ineligible to participate or win in this Sweepstakes. By participating in this Sweepstakes, each Entrant represents that it satisfies all eligibility requirements set forth herein, and further agrees to abide by these Official Rules and the decisions of Sezzle, which are final and binding in all respects.

5. How to Enter; No Purchase Necessary to Enter or Win:

During the Sweepstakes Period, you will receive an email with instructions to enter the Sweepstakes, which will include completing a Survey Monkey survey. You will receive one (1) entry into the Sweepstakes. There is a limit of one (1) entry per Entrant during the Sweepstakes Period. Multiple Entrants are not permitted to share the same email address. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Entrant's entry and that Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.

All entries become the property of Sezzle and, unless otherwise indicated herein, will not be acknowledged or returned. Entries which are late, lost, stolen, mutilated, invalid, damaged, unreadable, tampered with, illegible, unintelligible, incomplete, misdirected, generated by a script, macro or other automated/repetitive electronic means, mechanically reproduced, inaccurate, forged, irregular in any way or otherwise not in compliance with these Official Rules will be disqualified.

6. Drawing:

After the Sweepstakes Period, Sezzle will select one (1) potential winner per Prize (as hereinafter defined) in a random drawing of all eligible entries received during the Sweepstakes Period. The odds of being selected depend on the total number of eligible entries received.

7. Notification and Requirements of Potential Winners:

Sezzle will notify the potential winner by email with instructions on how to claim the Prize. If a potential winner does not respond to the notification email and comply with the requirements therein within three (3) days of the date and time that Sezzle sent and/or attempted to send the email notification, the potential winner will forfeit the Prize and Sezzle may award the Prize to an alternate Entrant. Only three (3) alternate Entrants will be contacted.

Except where prohibited by law, a selected potential winner may be required to sign and return an Affidavit of Eligibility and Liability & Publicity Release (“Affidavit”) and an IRS W-9 form to Sezzle. If required by Sezzle, these documents will be sent out to the potential winner by email along with instructions on how to return them to Sezzle. The selected potential winner may be required to provide his/her U.S. Social Security Number for tax purposes. Sezzle reserves the right to modify the notification and Affidavit procedures in connection with the selection of any alternate winner.

A selected potential winner may be disqualified (and may forfeit the Prize) if such selected potential winner (i) is unreachable or does not timely respond to any communication from Sezzle (or its designee) (or if a winner notification is returned as undeliverable), (ii) declines or cannot accept, receive or use the Prize for any reason, (iii) fails to sign and return the Affidavit within the required time period, and/or (iv) does not comply with these Official Rules.

8. Prizes; Terms of Prizes:

Following the conclusion of the Sweepstakes Period, one (1) winner will receive the following (the “Prize”): $500 “Spend Anywhere” ($500 to spend at any Sezzle merchant, learn more about Sezzle Spend by visiting: What is Sezzle Spend? The total approximate retail value (“ARV”) of the Prize is $500.

Any Prize details not specified above will be determined by Sezzle in its sole discretion. The values of the Prize set forth above represents Sezzle’s good faith determination of the approximate retail value thereof—the actual fair market value of the Prize may vary based on delivery location and other factors, will be determined in Sponsor’s sole and absolute discretion, and will be final and binding and cannot be appealed. Travel prizes are subject to availability and blackout dates. Other restrictions may apply and Sezzle, in its sole discretion, will provide these details during the redemption process. Prize may not be transferred and must be accepted as awarded. You may not request cash or a substitute prize; however, Sezzle reserves the right to substitute the Prize with another prize of equal or greater value if the Prize is not available for any reason. Payment or liability for any and all federal, state, or local taxes is the sole responsibility of the winner. Consult your tax professional with questions regarding potential tax liability.

9. General Conditions:

In the event that the operation, security, or administration of the Sweepstakes is impaired in any way, including, but not limited to fraud, virus, or other technical problem, Sezzle may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the Prizes at random from among the eligible entries received up to the time of the impairment. Sezzle reserves the right in its sole discretion to disqualify any individual who tampers with the operation of the Sweepstakes, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Sezzle reserves the right to seek damages from any person who seeks to undermine the legitimate operation of the Sweepstakes. Failure by Sezzle to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sezzle by mail shall not be deemed proof of receipt of that communication by Sezzle. In the event of a dispute as to the owner of an entry, the authorized account holder of the email account used to enter will be deemed to be the Entrant.

10. Release and Limitations of Liability:

By participating in the Sweepstakes, you agree to release and hold harmless Sezzle and its parent, subsidiaries, affiliates, officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to:
(a) unauthorized intervention in the Sweepstakes;
(b) technical errors related to computers, servers, providers, or telephone, or network lines;
(c) any errors or interruptions that may prevent an Entrant from entering or receiving direct or email messages;
(d) printing errors;
(e) lost, late, postage-due, misdirected, or undeliverable mail;
(f) errors in the administration of the Sweepstakes or the processing of entries; or
(g) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an Entrant’s participation in the Sweepstakes or receipt or use of any prize.

You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

11. Disputes:

BINDING AGREEMENT TO ARBITRATE: YOU AND SEZZLE BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE OFFICIAL RULES OR FROM ANY SERVICES YOU RECEIVE FROM SEZZLE (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY DISPUTES BETWEEN YOU AND OUR EMPLOYEES OR AGENTS (“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS. YOU UNDERSTAND THAT BY AGREEING TO THESE OFFICIAL RULES, ARBITRATION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN US. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE OFFICIAL RULES, YOU AND SEZZLE ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY, AND THAT YOU AND SEZZLE ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION.

You and Sezzle both agree that:

a) Notice of Dispute.

If either you or Sezzle intends to arbitrate under these Official Rules, the party seeking arbitration must first notify the other party of the Dispute in writing at least thirty (30) days in advance of initiating the arbitration. Notice to Sezzle should be sent to Sezzle either by mail to Sezzle, Inc. (attn.: Product Management), 251 N 1st Ave, Suite 200, Minneapolis, MN 55401, or email at product@sezzle.com. Notice to you will be to your email address(es) and street address(es), if any, that Sezzle has in its records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within thirty (30) days, either party may then file a claim for arbitration.

b) Arbitration Procedure.

The Federal Arbitration Act applies to these Official Rules. Any and all Disputes will be resolved by arbitration administered by the American Arbitration Association (“AAA”), which will apply the AAA's Consumer Arbitration Rules (excluding any rules or procedures governing or permitting class actions). You can get additional information from the AAA (www.adr.org). These Official Rules govern to the extent they conflict with the AAA’s Rules.

c) Arbitration Location.

Unless you and Sponsor agree otherwise, the arbitration must take place in the county of your primary residence or Hennepin County, Minnesota.

d) Choice of Law.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sezzle in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.

e) Arbitration Fees and Expenses.

We will reimburse any filing fee that the AAA charges you for arbitration of the Dispute. If you provide us with signed written notice that you cannot pay the filing fee, we will pay the fee directly to the AAA. If the arbitration proceeds, we will also pay any administrative and arbitrator fees charged later.

f) Severability.

If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Class Action Waiver set forth below cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof, but the remainder of the agreement to arbitrate will be binding and enforceable. The parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.

CLASS ACTION WAIVER. THESE OFFICIAL RULES DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE OFFICIAL RULES, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE OFFICIAL RULES CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.

JURY TRIAL WAIVER. IF, FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND SPONSOR AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND SPONSOR UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.



13. Publicity:

Except where prohibited by law, by accepting the Prize, winner(s) agrees and acknowledges that Sezzle, and their designees may, without any limitation or further compensation, use his or her name, voice, biographical data and/or likeness in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for any commercial purpose including, but not limited to, advertising and promoting the Sweepstakes or any other promotion, contest or sweepstakes that Sezzle sponsors.

14. Participants’ Personal Information:

Personal information collected from Entrants, which includes, but may not be limited to, name, address, telephone number, and email address, will be collected by Sezzle for the purposes of administering the Sweepstakes, fulfilling the Prize, and for other purposes, including Sezzle’s use of such personal information for marketing purposes. Sezzle’s collection and use of such personal information is subject to Sezzle’s Privacy Policy, which can be found at https://legal.sezzle.com/privacy.

15. Official Rules:

For a copy of these Official Rules, send a self-addressed, stamped envelope (Vermont residents need not affix return postage) to: Sezzle, Inc. (attn.: Product Management), at 251 N 1st Ave, Suite 200, Minneapolis, MN 55401.

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