People Like You Sweepstakes Official Rules
By participating in the People Like You Giveaway (the “Sweepstakes”), you agree to be bound by these rules (the “Official Rules”) and represent that you satisfy all eligibility requirements set forth herein.
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 COURT OF LAW AND/OR CLASS ACTION FORMAT.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Introduction: The Sweepstakes is sponsored by Sezzle, Inc., located at 700 Nicollet Mall, Suite 640, Minneapolis, MN 55402 ("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, 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, and Sezzle’s Privacy
Policy (located at https://legal.sezzle.com/privacy). Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. Timing: The Sweepstakes begins on August 10, 2023 at 12:00 pm Central Time (CT) and ends on August 16, 2023 at 11:59 pm CT (“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. The Sweepstakes is also open to legal residents of the 13 provinces and territories of Canada with the exception of Quebec. Participants must be 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
There are 2 ways to enter – Submit a Video Online or Enter by Mail. Each Entrant is limited to one (1) entry for this Sweepstakes, regardless of the method of entry.
a. Submit a Video Online: Make a video that adheres to the terms provided in these Official Rules. In Instagram, tag Sezzle in your video post and send a direct message to Sezzle confirming your entry and your name, email address, and phone number. Your Instagram account must be public to participate. Each Entrant will receive one (1) entry into the Sweepstakes for online video submission during the Sweepstakes Period.
- Subject: Videos must focus on how you feel about Sezzle services and comply with the terms listed below.
- Duration: Videos must be no longer than 30 seconds in duration.
- Video format: Videos must be submitted in a format that will allow them to be viewed on Instagram or TikTok.
- Originality: Videos must be original, non-infringing, and unpublished works. Videos may not appear on any public website or be made available to the public during the Sweepstakes.
- Language: Videos in all languages are accepted; videos not in English must include English subtitles.
- Minors: Videos must not include any minors
- Compliance: Videos must not include any obscene or illegal content and must comply with applicable law.
b. Enter by Mail-In: To enter without making a purchase, print your name, address, phone number, email address, and date of birth on a piece of paper and mail it in an envelope with proper postage to “People Like You Giveaway” c/o Sezzle, Inc. (attn.: Marketing), at 700 Nicollet Mall, Suite 640, Minneapolis, MN 55402. Each Entrant will receive one (1) entry into the Sweepstakes for a mail-in entry during the Sweepstakes Period. All mail-in entries must be handwritten and must be postmarked by August 16, 2023 and received by August 23, 2023.
c. All entries: All entries become the exclusive property of Sezzle, and Sezzle will not acknowledge or return any entries. Proof of sending or submission of an entry will not be deemed to be proof of receipt by Sezzle. Sezzle is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. 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.
d. Video Terms: Sezzle reserves the right, at its sole discretion, to consider any video ineligible and disqualify the Entrant without prior notice at any time. By submitting any video for the Sweepstakes, Entrant acknowledges and agrees that any video submitted may be made available for viewing and comment on by the public and understands that comments with which the Entrant disagrees or is unhappy about may be published or otherwise become associated with any submitted video. The Entrant hereby waives any privacy expectations or rights that he or she may have with respect to any video submitted.
Entrant shall not submit any video that in whole or in part violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights; vulgar, obscene, profane, contains morbid images, or otherwise objectionable material; which encourages conduct that would constitute a criminal offense; gives rise to civil liability or otherwise violate any law; or which contains any advertising or any solicitation with respect to products or services apart from Sezzle services.
Any video Entrant submits must be the Entrant’s original work and must not infringe upon the copyrights, trademarks, and rights of privacy, publicity, or any other proprietary rights of a person or entity. Entrant hereby automatically grants to Sezzle: (i) a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, display, reproduce, edit, publish, broadcast, translate, and distribute the submitted video (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed, and (ii) the right to further display, edit, or use the submitted video (in part or in whole), including the name, face, likeness, voice, and appearance of all person(s) appearing in the submitted video in all media whether now known or here after devised and in all forms worldwide in perpetuity, whether for advertising, publicity, promotional purposes, or for any other commercial purposes without compensation, residual obligations or reservations, limitation, or further approval (collectively, “Sezzle Rights”). Entrant hereby waives any and all moral rights that they may have in and to the entry with respect to the uses contemplated herein.
Entrant hereby warrants that (i) they have all necessary rights, title, and interest (including copyright) in the submitted video to grant the license herein; (ii) the entry does not infringe upon the intellectual property rights or defame or invade the publicity or privacy rights of any third party, living or deceased; and (iii) the entry complies with all requirements in these Official Rules.
Entrant hereby warrants that any third parties owning the material (including third parties appearing or otherwise included) in the submitted video have expressly granted to Sezzle the Sezzle Rights noted above and waived their moral rights in the video. Entrant also warrants that the following releases have been obtained as appropriate: (i) location releases for footage shot at any location, (ii) name, voice, and likeness releases for any person whose name, voice, likeness, and/or feature appears, (iii) releases for the use of any props, set dressings, and other materials used, (iv) releases from any individuals participating in the production of the video, and (v) releases for any other audio and/or audio-visual materials not wholly owned by the Entrant that are used.
ENTRANT SHALL BEAR THE SOLE LIABILITY FOR, AND HEREBY INDEMNIFIES SEZZLE FROM, ANY CLAIMS OR DAMAGES RESULTING FROM ANY INFRINGEMENT OF COPYRIGHTS, PROPRIETARY RIGHTS, OR ANY OTHER HARM RESULTING FROM SUCH A SUBMISSION. ENTRANT FURTHER AGREES THAT SEZZLE IS RELEASED AND DISCHARGED FROM AND AGAINST ALL AND ANY COSTS, CLAIMS, DAMAGES, LIABILITIES, AND EXPENSES OF ANY SORT ARISING OUT OF, OR GENERALLY RELATING TO SUBMISSION OF THE MATERIAL FOR THE SWEEPSTAKES AND PARTICIPATION IN IT.
6. Drawing:After the Sweepstakes Period, Sezzle will randomly select 100 winners. Each winner will win $10 in Sezzle Spend, or in the case that the winner does not have an account with Sezzle, a $10 gift card. Before selecting a winner, Sezzle will first screen the submitted videos for compliance with these Official Rules. The decisions of Sezzle are final, binding, and not subject to appeal. 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 via direct message in Instagram with instructions on how to claim the Prize. If a potential winner does not respond to the notification and comply with the requirements therein within three (3) days of the date and time that Sezzle sent and/or attempted to send the 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 or Canadian Social Insurance Number for tax purposes. Sezzle reserves the right to modify the notification and Affidavit procedures in connection with the selection of any alternate winner.
Canadian entrants only: In order to win a prize, a selected entrant must correctly answer, unaided, a mathematical skill-testing question, as provided by direct message or email by Sezzle. Sezzle reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate or necessary to comply with applicable law.
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, Sezzle will randomly select 100 winners. Each winner will win $10 in Sezzle Spend, or in the case that the winner does not have an account with Sezzle, a $10 gift card (the “Prize”). The total approximate retail value (“ARV”) of each Prize is $10, measured in U.S. dollars.
Gift card prizes are subject to gift card supplier’s terms and conditions. Prizes are non-transferable and no substitution will be made except as provided herein at the Sezzle’s sole discretion. Sezzle reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning depend on the number of entries received during the Sweepstakes Period. Prizes will be fulfilled within 30 days after the end of the Sweepstakes Period. Total ARV of all prizes: $1,000.
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 Sezzle’s sole and absolute discretion, and will be final and binding and cannot be appealed. 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.
Sezzle reserves the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.
10. Release and Limitations of Liability:By participating in the Sweepstakes, you agree to release and hold harmless Sezzle and its parent, subsidiaries, affiliates, Instagram, Facebook, and Effydesk and each of their respective officers, directors, employees, agents, successors and assigns (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.
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.: Legal), 700 Nicollet Mall, Suite 640, Minneapolis, MN 55402, or email at firstname.lastname@example.org. 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.
12. 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. 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.: Marketing), at 700 Nicollet Mall, Suite 640, Minneapolis, MN 55402.
© 2023. Sezzle, Inc. All rights reserved.