Valentine’s Day Cheapskate Contest
No Purchase Necessary to Enter or Win
Open Only to Legal United States Residents
Void in Rhode Island, Puerto Rico and Where Prohibited by Law
PRIZE: Subject to the provisions of these Official Rules, during the Promotion Period (as defined below) of the “Bargaineering.com Valentine’s Day Contest” (the “Promotion“), Bankrate, Inc. (“Bankrate“) will award one (1) $150 Edible Arrangements gift card (“Prize“). THE TOTAL MAXIMUM VALUE OF THE PRIZE WILL BE $150.
ENTRY PERIOD: The Promotion begins at 12:01 a.m. Eastern Daylight Time on February 11, 2014, and ends at 11:59 p.m. Eastern Daylight Time on February 18, 2014 (the “Promotion Period“).
HOW TO ENTER: Subject to the “Conditions of Entry” below, there are four (4) ways to enter the Promotion. You may enter the Promotion by following the below instructions to share a personal story about someone who was a cheapskate when it came to selecting a Valentine’s Day Gift (your “V-Day Cheapskate Story“) on Facebook, on Twitter or as a comment on Bargaineering.com. You may also enter the Promotion by email. If you need an email account, free email services are available, such as at gmail.com and hotmail.com. If you need Internet access, visit your local library, or you can obtain free Internet access through a provider such as NetZero.
- Enter Using Facebook or Twitter, or on Bargaineering.com:
You may enter the Promotion by sharing your V-Day Cheapskate Story in any of the following ways:
(a) Follow the instructions posted to the Bargaineering.com Facebook page, which is located at www.facebook.com/bargaineering, to post your V-Day Cheapskate Story on Facebook;
(b) Follow the instructions posted to Bargaineering.com to post your V-Day Cheapskate Story on Twitter in a tweet that includes the handle “@bargainr” and the hashtag #vdaycheapskate (please note that, if you enter the Promotion using Twitter, your V-Day Cheapskate Story, such handle and such hashtag must all fit within a single 140 character tweet); or
(c) Follow the instructions posted to Bargaineering.com to post your V-Day Cheapskate Story as a comment on Bargaineering.com.
- Enter by Email:
You may also enter the Promotion by sending an email to email@example.com, which email includes your V-Day Cheapskate Story and states: your name, complete street address, city, state, zip code, daytime telephone number, age and email address. Each emailed entry shall be deemed to constitute one (1) entry in the Promotion.
CONDITIONS OF ENTRY: No purchase is necessary to enter the Promotion or to win the Prize. The Promotion is open only to natural persons who (i) are legal United States residents (except for residents of Rhode Island, Puerto Rico or any other jurisdiction in which such natural person would be prohibited by law from entering the Promotion), (ii) are eighteen (18) years of age or older or have reached the age required by their state or territory of residence to be reached in order to enter a sweepstakes, if such age is greater than eighteen (18) years of age, and (iii) have agreed to these Official Rules. Employees and/or agents of Bankrate (and/or its affiliates, subsidiaries and/or divisions) and of agents of Bankrate (and/or their respective affiliates, subsidiaries and/or divisions) and their respective affiliates, parent organizations, subsidiaries, divisions, trade partners, advertising and promotion agencies and associated marketing firms and other vendors, and the respective immediate families of such employees, including, without limitation, household members, are not eligible to participate in the Promotion. Bankrate reserves the right to verify eligibility qualifications of the Winner.
Any use of robotic, mechanical, automatic, programmed or like methods of participation will void each entry made by such methods. Each person may enter this Promotion only once. In the event that a person attempts to submit multiple entries, all of that person’s entries will be deemed void. Bankrate will not verify receipt of entries Bankrate is not responsible for lost, late, misdirected, illegible or damaged mailed entries. Any attempted form of entry into the Promotion other than as described in these Official Rules, and any incomplete entry, is void. Entries that are in violation of these Official Rules will be disqualified. Should Bankrate suspect or determine actual or attempted (i) fraud, tampering, or impairment or disruption of the administration, security, fairness or proper play of the Promotion, or (ii) violation of these Official Rules, Bankrate reserves the right, in its sole discretion, to void any and all entries of an entrant, or suspend or prohibit the participation of any person, who Bankrate determines, in its sole discretion, is responsible or otherwise involved with such acts.
ANY ATTEMPT BY ANY INDIVIDUAL(S) TO DELIBERATELY DAMAGE ANY WEB SITE AND/OR DAMAGE AND/OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, BANKRATE RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND/OR TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT OF THE LAW.
ODDS OF WINNING: Odds of winning will vary depending on the number of eligible entries received.
CONSENT TO PUBLICITY AND USE: Except where prohibited by law, each entrant, by acceptance of the Prize, grants to Bankrate and its subsidiaries, affiliates and assigns the absolute and worldwide right, license and permission and consent to use, in any manner or media whatsoever, such entrant’s name, voice, photograph (including on web pages maintained by Bankrate and/or any of its subsidiaries and/or affiliates), biographical information (including, without limitation, hometown and state), email address and/or likeness for any promotional and/or publicity purposes. Each V-Day Cheapskate Story submitted by an entrant will be the property of Bankrate and, by submitting a V-Day Cheapskate Story to Bankrate, each entrant disclaims any right (including, without limitation, any right to publish such V-Day Cheapskate Story), title and interest in such V-Day Cheapskate Story. Bankrate has the exclusive right to publish each V-Day Cheapskate Story, in whole or in part, throughout the world, in any manner and/or media whatsoever.
SELECTION AND NOTIFICATION OF THE WINNER: One (1) Winner will be selected from among all valid entries. This Winner will be selected by a panel of judges, which panel of judges shall be selected by Bankrate in its sole discretion. Such panel of judges will select one (1) V-Day Cheapskate Story from among all of the V-Day Cheapskate Stories submitted during the Promotion Period. This Winner will be the entrant who, as determined by the judges in their sole discretion, submits the best V-Day Cheapskate Story.
THE WINNER WILL NOT BE REQUIRED TO BE PRESENT AT THE TIME OF THE SELECTION OF THE WINNER.
On or about forty-eight (48) hours after the determination of the Winner, the Winner will be notified by email or telephone. The Winner must claim his or her Prize within seven (7) business days after the date of Bankrate’s first notification attempt, which shall be the first date notification, is sent if by email or the first date a call is placed to such Winner, if by telephone. The Winner must claim his or her Prize in the manner indicated in Bankrate notification of such Winner. For the avoidance of doubt, the Winner must continue to comply with these Official Rules.
If the Winner fails to claim the Prize within such seven (7) business day period of time, is found to be ineligible, fails to comply with these Official Rules or fails to meet the requirements of these Official Rules, such Winner will be disqualified and an alternate Winner, randomly selected from the remaining eligible entries that have not yet been previously selected as the Winner, will be contacted. Bankrate’s decisions with respect to the Winner and other matters pertaining to the Promotion shall be final.
REQUIREMENTS OF THE WINNER: The Winner will be required to sign an Affidavit of Eligibility and Release of Liability for Participation, Publicity and Use (an “Affidavit“) as a part of determining such Winner’s eligibility to win the Prize and, prior to, and as a condition of, such Winner’s acceptance and use of the Prize. If the Winner’s Affidavit and all other documents required by Bankrate, in its sole discretion, are not completed as specified, are not received by Bankrate within seven (7) business days of Bankrate’s notification of such Winner, or if, after Bankrate’s receipt of an Affidavit from the Winner, such Winner is found to be an ineligible entrant, such Winner’s entry will be disqualified and an alternative potential Winner, randomly selected from the remaining eligible entries that have not yet previously been selected as the Winner, will be contacted.
TO RECEIVE THE WINNER’S NAMES OR OFFICIAL RULES: To request the name of the Winner or a copy of these Official Rules, mail your request, along with a self-addressed stamped envelope (residents of Washington state and Vermont need not include postage) to: Bankrate, Inc., Bargaineering.com Valentine’s Day Contest, Attention: Michele Berman, 11760 U.S. Highway 1, #200, North Palm Beach, Florida 33408. Please specify whether you are requesting the name of the Winner or a copy of the Official Rules. Requests for the name of the Winner must be received by Bankrate at the address above during the time period that begins on the tenth (10th) business day following the end of the Promotion Period and ends of the twentieth (20th) business day following the end of the Promotion Period. Requests for a copy of these Official Rules received more than ninety (90) days after the end of the Promotion Period will not be honored.
SPONSOR: Bankrate is the sponsor of the Promotion.
NEITHER FACEBOOK NOR TWITTER IS A SPONSOR: The Promotion is in no way sponsored by, endorsed by, administered by or associated with Facebook Inc. (“Facebook“) or Twitter, Inc. (“Twitter“).
GENERAL PROVISIONS: Florida law governs the Promotion. Void where prohibited. Bankrate reserves the right to cancel or modify the Promotion if fraud, misconduct or technical failure, or any other factor beyond Bankrate’s reasonable control impairs the integrity of the Promotion, as determined by Bankrate, in its sole discretion, or if a computer virus, bug or other technical problem corrupts the administration or security of the Promotion as determined by Bankrate, in its sole discretion. In the event that Bankrate cancels or modifies the Promotion, Bankrate will post to http://www.bargaineering.com/articles/valentines-day-cheapskate-contest.html notice that the Promotion has been cancelled or modified. In such event, Bankrate reserves the right to award the Prize at random from among any eligible entries received up to the time of the impairment or in any other method selected by Bankrate, in its sole discretion. Bankrate reserves the right in, its sole discretion, to change the dates of the Promotion Period, with or without notice, in the event of technical failure, or for any other reason. THE WINNER IS SUBJECT TO VERIFICATION BY BANKRATE. BANKRATE’S DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT THE WINNER UNLESS AND UNTIL THAT ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Bankrate’s failure to enforce any term of these Official Rules shall not constitute a waiver of Bankrate’s ability to enforce its rights. Any taxes due on the Prize will be the sole responsibility of the Winner. The Prize is non-transferable, except in accordance with the laws of descent and distribution, and may not be substituted or redeemed for cash, except by Bankrate, which reserves the right to substitute, in the place of the Prize, another prize of comparable or greater value. Neither Bankrate nor any subsidiary or affiliate of Bankrate will enter into correspondence, including email, regarding the Promotion. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision of these Official Rules. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained within these Official Rules. The names of individuals, groups, companies, products and services mentioned in these Official Rules or in or on any promotional materials (including, without limitation, any web site) with respect to the Promotion, and any corresponding likenesses, logos and images thereof reproduced in these Official Rules or in or on any such promotional materials, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company or the inclusion of a product or service as the Prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.
All expenses not specifically identified as being included in the Prize are the sole responsibility of the Winner. All taxes, fees and surcharges related to the Prize, if any, are the sole responsibility of the Winner. The Prize shall not be used in connection with any other promotion or offer.
DISPUTES; LIMITATIONS OF LIABILITY: Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with the Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the Federal or Florida state courts of record in Palm Beach County, Florida, (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event shall such costs include attorneys’ fees and (iii) under no circumstances will an entrant be permitted to obtain awards for, and, by entering the Promotion, each entrant waives all rights to claim, punitive, indirect, special, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses described in subsection (ii), above) and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and/or the rights and obligations of the entrant and Bankrate in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. All Florida state and local laws and regulations apply.
INDEMNIFICATION AND RELEASE: Each entrant agrees to defend, indemnify and hold Bankrate, Facebook, Twitter and their respective subsidiaries, affiliates and divisions and their respective representatives, attorneys, assigns, agents and licensees and their respective affiliates, equity holders, officers, directors, managers, agents, co-branders, associated marketing firms, advertisers and sponsors or other partners and any of their employees (each, including, without limitation Bankrate, Facebook and Twitter, a “Released and Indemnified Party,” and collectively, including, without limitation, Bankrate, Facebook and Twitter, the “Released and Indemnified Parties“), harmless from and against any and all rights, demands, losses, injuries, liabilities, damages, claims, causes of action, actions and suits of any kind whatsoever (no matter whether at law or equity), fees, costs and attorneys’ fees (including appellate level) whatsoever (each, a “Claim,” collectively, “Claims“), brought or asserted by any party against any of the Released and Indemnified Parties arising out of or in connection, directly or indirectly, with the entrant’s entry in the Promotion, participation in the Promotion, the Promotion, the Prize and/or use or misuse of the Prize.
By entering the Promotion, each entrant agrees to release, discharge and hold harmless each Released and Indemnified Party from and against all Claims arising out of or in connection with, indirectly or directly: (i) entry or participation in the Promotion and/OR (ii) acceptance, use, or misuse of THE Prize.
ADDITIONAL LIMITATIONS OF LIABILITY: Bankrate is not responsible for: (i) electronic, human, United States Postal Service, equipment programming or other errors, omissions, interruptions, defects or delays which may occur in the administration of the Promotion or the processing of any entry, the Prize, in the Official Rules, or in any other materials related to the Promotion, (ii) technical failures of any kind, including but not limited to, the malfunctioning of any electronic equipment, computer, internet, web site, network, hardware or software, a computer virus, bug or other technical problem, (iii) unauthorized human intervention in any part of the entry process or the Promotion, (iv) any entrant’s conduct in connection with the Promotion, (v) any printing, typographical, technical errors in any materials associated with the Promotion or the Prize, (vi) incorrect, inaccurate, late, lost, stolen, illegible, incomplete, or misdirected entries, or entries received through impermissible or illegitimate channels, or (vii) any death, injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from an entrant’s entry or participation in the Promotion or use or misuse of the Prize.