THE #THANKQRC CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter. The information you provide will only be used in the event you are determined a Contest winner.
- CONTEST ENTRY PERIOD: The #ThankQRC Contest (“Contest”) starts at 12:00 a.m. Eastern Time (“ET”) on January 29, 2021 and ends at 11:59 p.m. ET on February 11, 2021 (“Contest Entry Period”). The Contest Entry Period will consist of two (2) separate entry periods, as follows: Entry Period 1 begins at 12:00 a.m. on January 29, 2021 and ends at 11:59 p.m. ET February 2, 2021. Entry Period 2 begins at 12:00 a.m. on February 3, 2021 and ends at 11:59 p.m. ET on February 11, 2021 (each, an “Entry Period”). Entries from Entry Period 1 will be carried forward to Entry period 2.
- HOW TO ENTER: During the Contest Entry Period, you may enter by posting a Tweet from your Twitter account about how you’re shopping safely at the CVS checkout aisle that (i) complies with the “Submission Requirements” (defined below) (ii) includes the hashtags #ThankQRC and #contest and (iii) tags either @venmo or @paypal (“Submission”). If you tag @venmo in your Submission, you will receive one (1) Venmo entry (the “Venmo Entry”). If you tag @paypal in your Submission, you will receive one (1) PayPal entry (the “PayPal Entry,” and collectively with the Venmo Entry, the “Entry”). If you tag @venmo and @payPal in same tweet, the entry will count only towards a PayPal Entry.
The Submission must meet the following “Submission Requirements”: (i) the Submission must be the submitting entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties; (ii) if a person appears in the Tweet, the entrant should be the only person who appears in the Submission, if anyone else appears in the Submission, the entrant must obtain written permission from that person or those people to include them in the Submission, and if Sponsor asks to see the written permissions, the entrant must provide them upon request (in the event an entrant cannot provide permissions that are satisfactory to Sponsor, in its sole and absolute discretion, Sponsor reserves the right to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s own benefit, or otherwise allow the applicable Submission to remain in Contest); and (iii) the Submission must not include text, subject matter, or images that are deemed by the Sponsor to be obscene, pornographic, libelous or otherwise objectionable. Tweets must be public to enter the Contest.
Potential winner will be required to show proof of being the authorized account holder of the Twitter account associated with the Entry. Limit one (1) Venmo Entry per person. Limit one (1) PayPal Entry per person. Although there is a limit of one (1) Venmo Entry per person and a limit of one (1) PayPal Entry per person, Entrants may only win one (1) time. Entries in excess of that limit will be disqualified if discovered by Sponsor. The person uploading the Entry will be deemed the entrant (the “Entrant”). If there is a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the Twitter account submitted at the time of Entry. “Authorized account holder” of a Twitter account is defined as the person who is responsible for joining Twitter and who manages the e-mail address associated with the account. Any Entry not in compliance with the above and which does not meet the other requirements of these Official Rules may be disqualified as determined by Sponsor in its sole discretion. Entrants are subject to disqualification, if Sponsor or Administrator discovers that multiple accounts are used by the same person. As applicable, normal Internet/phone access and usage/data charges imposed by Entrants’ online/mobile service will apply. Entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method are ineligible and may be disqualified. Sponsor reserves the right to disqualify any individual and all Entries using such methods.
- REPRESENTATIONS AND WARRANTIES: Each Entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their Submission and all materials and matter therein: (1) are wholly original with such Entrant and are not a copy or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her Submission to any other third party. Further, each Entrant represents and warrants that Sponsor’s use of any Submission shall not violate an agreement to which such Entrant has signed. Entrants agree to indemnify and hold the Released Parties harmless from and against any third party claim, to the extent relating to any breach or alleged breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Contest activities.
- JUDGING: All Venmo Entries received by the end of each Entry Period will be judged by Sponsor-selected judges (“Judges”) on or about February 9, 2021 (for Entry Period 1) and February 18, 2021 (for Entry Period 2) based on the following criteria, which will be evaluated in the Judges’ sole discretion: Originality/Creativity (40%); Enthusiasm (30%); and Relevance to Product (30%) (the “Judging Criteria”), to determine fifteen (15) Venmo Prize winners per Entry Period. Ties will be broken for any tied Venmo Entries using the Originality/Creativity score only. All PayPal Entries received by the end of each Entry Period will be judged by the Judges on or about February 9, 2021 (for Entry Period 1) and February 18, 2021 (for Entry Period 2) based on the Judging Criteria, which will be evaluated in the Judges’ sole discretion, to determine fifteen (15) PayPal Prize winners per Entry Period. Ties will be broken for any tied PayPal Entries using the Originality/Creativity score only. Judges’ decisions are final with respect to all matters relating to the Contest and are not subject to challenge. By participating, Entrants agree to the Official Rules and the decisions of the Judges, which shall be final and binding in all respects. All decisions of the judges are final and not subject to appeal.
A) Venmo Prize: The Venmo Prize is three hundred ($300) dollars sent to the winner's Venmo account (winner will be notified as to who will be sender prior to receiving the prize). The actual retail value ("ARV") of each prize is $300, and there will be 30 potential winners selected [fifteen (15) per Entry Period], for a total ARV of $9,000. If a Venmo Prize winner does not have a Venmo account, he/she can create an account for free at venmo.com at the time of notification otherwise he/she forfeits the prize in its entirety. Venmo accounts must remain in good standing through the time of prize award. Prize amounts will be distributed within approximately 5 business days of verification. All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize.
B) PayPal Prize: The contest prize is three hundred ($300) USD sent to the winner's PayPal account (winner will be notified as to who will be sender prior to receiving the prize). The Average retail value (ARV) of each prize is $300, and there will be 30 potential winners selected [fifteen (15) per Entry Period], for a total ARV of $9000. If a PayPal Prize winner does not have a PayPal account, he/she can create an account for free at paypal.com at the time of notification otherwise he/she forfeits the prize in its entirety. PayPal accounts must remain in good standing through the time of prize award. Prize amounts will be distributed within approximately 5 business days of verification. All prize details not specified in these Rules will be determined in Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize.
Limit one (1) Prize per person. Prizes are non-transferable and no substitutions are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value. Winner is responsible for all taxes on prize. No more than advertised number of prizes will be awarded.
- GENERAL: The Site’s computer timestamp is the official timekeeper for purposes of this Contest. Potential winners will be notified by direct message on Twitter and will be required to follow the instructions outlined in the direct message within twenty-four (24) hours of notification attempt to arrange for prize fulfillment or prize will be forfeited and an alternate potential winner will be determined. Sponsor will make up to four (4) attempts to award each prize and if after four (4) attempts to confirm a winner, no winner is confirmed for a prize, that prize will go unawarded. Winners assume all liability for any injury or damage caused or claimed to be caused by participation in the Contest or use or misuse or redemption of the prize. By entering, Entrant accepts and agrees to be bound by these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Contest. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Contest if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In such event, Sponsor will determine the winners from eligible Venmo Entries received by the end of each Entry Period and PayPal Entries received by the end of each Entry Period prior to cancellation as outlined above. As a condition of entering the Contest, Entrant agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Contest, or prizes awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Entrant be entitled to receive attorneys’ fees or other legal costs.
- RELEASE AND LIMITATIONS OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE RELEASED PARTIES AND TWITTER FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES (AS BETWEEN WINNER AND THE CONTEST ENTITIES) THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
- Licenses: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant hereby irrevocably grants to the Sponsor and Venmo, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Submission, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called “moral rights” they may have therein Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements or even it if it determined that the Entrant who made the Submission is ineligible to enter the Contest. Entry into the Contest constitutes permission to Entrants’ names, likenesses, Submissions, and Entries for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law.
- NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Released Parties is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Submission to Sponsor for purposes of the Contest does not place the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant understands and acknowledges that the Released Parties have wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Released Party’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Released Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission or to otherwise exploit any Submission, or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to evidence or effectuate the rights granted in these Official Rules, then each Entrant agrees to sign, authenticate and deliver the same upon Sponsor’s request therefor.
- GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
- ARBITRATION PROVISION: By participating in this Contest, each Entrant (agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in [City], California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the Entrant 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 Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of 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, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
- WINNERS: For the names of the winners, available after March 1, 2021, send a stamped, self-addressed envelope by February 26, 2021, to: The #ThankQRC Contest - Winners, 100 Marcus Drive (Dept. DE), Melville, NY 11747.
- SPONSOR: The Sponsor of the Contest is PayPal, Inc., 2211 N 1st St, San Jose, CA 95131.