Sezzle Spotlight Sweepstakes Official Rules
By participating in our Sezzle Live Session Giveaways (the “Sweepstakes”), you (“you” or “Entrant” as described below) 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.
The Sweepstakes is sponsored by Sezzle Inc. and Sezzle Holdings V LLC, both located at 700 Nicollet Mall, Suite 640, Minneapolis, MN 55402 ("Sezzle"), and offered through Sezzle’s YouTube Channel during the live session on September 7, 2023. See more regarding Sezzle Inc. at https://sezzle.com/. All applicable federal, state, municipal, and local laws and regulations apply.
The Sweepstakes include the following three giveaways:
#1 with this giveaway, answer Abby’s question as instructed during the live session. The participant with the right or the closest answer will win $500 in Sezzle Spend. If more than one participant has the right or closest answer, Sezzle will randomly select one winner from those participants with the right or closest answers.
#2 with this giveaway, answer Abby’s question as instructed during the live session. The participant with the right or the closest answer will win $750 in Sezzle Spend. If more than one participant has the right or closest answer, Sezzle will randomly select one winner from those participants with the right or closest answers.
#3 with this giveaway, all you need to do to enter is subscribe to the Sezzle YouTube channel before the end of the live stream. One participant will be randomly selected to win $1,000 in Sezzle Spend.
2. Agreement to Official Rules:
The Sweepstakes, including all three giveaways, begin on Thursday, September 7, 2023 at 7pm Eastern Time and ends on Thursday, September 7, 2023 at 7:20 pm Eastern Time (“Sweepstakes Period”). Sezzle’s computer is the official time-keeping device for this Sweepstakes.
The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia. 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:
Enter as follows for each giveaway in this Sweepstakes. Each Entrant is limited to one (1) entry for each giveaway in this Sweepstakes.
Abby's Questions: with giveaway #1 and #2, answer Abby’s questions as instructed during the live session.
Subscribe: with this giveaway, all you need to do to enter is subscribe to the Sezzle YouTube channel before the end of the live stream.
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.
Sezzle will select winners for each giveaway as noted below. Before selecting the winners, Sezzle reserves the right to review entries 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.
#1 Sezzle will select the participant with the right or the closest answer to Abby’s question during the live stream to win $500 in Sezzle Spend. If more than one participant has the right or closest answer, Sezzle will randomly select one winner from those participants with the right or closest answers.
#2 Sezzle will select the participant with the right or the closest answer to Abby’s question during the live stream to win $750 in Sezzle Spend. If more than one participant has the right or closest answer, Sezzle will randomly select one winner from those participants with the right or closest answers.
#3 Sezzle will randomly select one participant after the live stream to win $1,000 in Sezzle Spend. This winner will be announced the day after the live stream on Sezzle’s YouTube channel.
7. Notification and Requirements of Potential Winners:
For the first two giveaways, the winners will be announced during the live stream. For the subscribe giveaway, the winner will be announced the day after the live stream on Sezzle’s YouTube channel. These winners will need email to firstname.lastname@example.org to claim their prize within three (3) days of Sezzle announcing the winners. After receiving this email, Sezzle will then verify each winner. If a potential winner does not respond or comply with the requirements herein, the potential winner will forfeit the Prize.
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. The Affidavit will include (among other things): (i) confirmation of the entrant’s compliance with these Official Rules, (ii) consent to use the entrant’s name, image, and likeness in all media in connection with the Sweepstakes and related promotion; and (iii) a release for the Released Parties (defined below) from any liability in connection with the Sweepstakes or the use, misuse, awarding or possession of any prize. 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:
Sezzle will select the winners as noted in Section 6 of these Official Rules. One winner will be selected to win $500 in Sezzle Spend for giveaway #1, $750 in Sezzle Spend for giveaway #2, and $1,000 in Sezzle Spend for giveaway #3 (the “Prize”). The total approximate retail value (“ARV”) of each Prize is measured in U.S. dollars. Total ARV of all prizes in this Sweepstakes: $2,250.
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 14 days after the end of the Sweepstakes Period.
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 is not responsible for technical failures of any kind, including without limitation any problems or delays arising from any technical, software, equipment malfunctions, computer viruses, or congestion, any other technical, equipment, or human errors of any kind with regards to the administration of the Sweepstakes, or any damage or alteration to any video submitted that may occur in connection with the uploading or displaying of the video.
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, Ruumur, YouTube, Instagram, and Facebook, 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.
The Sweepstakes is in no way sponsored, endorsed or administered by Instagram, Facebook, or YouTube. By participating in the Sweepstakes, you fully and irrevocably release Instagram, Facebook, and YouTube from any and all liability in connection with the Sweepstakes.
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 email@example.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.
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.
13. Participants’ Personal Information:
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.