Sweepstakes Rules

 

Structured Settlement Sweepstakes (“Sweepstakes”)

2018 OFFICIAL RULES

NO PURCHASE, PAYMENT, OR ASSIGNMENT TRANSACTION (“TRANSACTION”) NECESSARY TO ENTER OR WIN. ENTERING INTO A TRANSACTION WITH SPONSOR OR ITS AFFILIATES DOES NOT IMPROVE YOUR CHANCE OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR THE UNITED STATES. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED. Subject to all applicable federal, state and local laws and regulations.

 

  1. ELIGIBILITY: Open to legal residents of the fifty (50) United States and D.C., who are 18 years of age or older, and currently receiving payments from a structured settlement annuity. The following types of settlements do not qualify: workman’s compensation payments, divorce settlements, child support payments, unemployment benefits, retirement funds, pensions, trust funds, or social security disability insurance payments. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, agents, representatives, and officers of Seneca One Finance, Inc. (“Sponsor”), its parent, subsidiary and affiliated companies, and the web design, advertising, fulfillment, legal, judging, administrative, and Sweepstakes agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes).

 

  1. Sweepstakes PERIOD: Sweepstakes begins on February 1, 2018 at 12:00:01 a.m. ET and ends on February 28, 2018 at 11:59:59 p.m. ET (the “Sweepstakes Period”).

 

  1. TO ENTER: You may enter the Sweepstakes during the Sweepstakes Period by calling 800-537-0607, letting the Sponsor representative know that you want to be entered into the Sweepstakes, confirm with the Sponsor representative that you are receiving structured settlement payments, and providing the Sponsor representative with your email address. The Sponsor will send an email to the email address you provided. Your email address must be a valid email address to qualify. If the email from the Sponsor to your email address bounces back or does not go through for any reason, your entry may be denied and you will not be eligible to win.

 

Limit one (1) entry per person.

 

By entering, unless you opt-out, you will be automatically opted in to Sponsor’s email and direct mail database, all of which you can unsubscribe from at any time. To unsubscribe from receiving emails from Sponsor or Sponsor’s affiliates, call 1-800-513-1394. To unsubscribe from receiving direct mail from Sponsor or its affiliates, please call 1-800-513-1394 or submit your request via mail with proper postage to “Structured Settlement Sweepstakes – Opt Out,” 7920 Norfolk Avenue, Suite 300, Bethesda, MD 20814. Sponsor or a related or unrelated company may contact you by email or phone to discuss a current or future transaction.

 

Entry Restrictions: Limit one (1) entry per person, regardless of the method of entry. Automated means of entry are prohibited and any use of automated devices will cause disqualification. Only fully completed entries are eligible. Any entrant who enters multiple times may be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Proof of submission is not proof of receipt by Sponsor. In the event of a dispute as to who submitted an entry, the natural person who is the structured settlement recipient will be considered the entrant, but only if that person is otherwise eligible to enter the Sweepstakes. By participating, entrants agree (a) to abide by and be bound by these Official Rules and the Sponsor’s decisions, and (b) to waive any rights to claim ambiguity with respect to these Official Rules.

 

Privacy Policy: Information submitted in connection with this Sweepstakes is governed by Sponsor’s Privacy Policy (available at http://www.senecaone.com/privacy-policy/).

 

  1. DRAWING AND ODDS OF WINNING: Winners will be selected in a random drawing from all eligible entries received from all entry methods combined. Odds of winning depend on the number of eligible entries received. Drawing will be conducted on or about March 12, 2018, by a third party promotion administrator. The Sponsor’s and/or promotion administrator’s decisions and the result of the drawing will be final in all respects.

 

  1. PRIZES:

    First Place Prize: $1,000 (one prize awarded)
    Second Place Prizes: $500 each (two prizes awarded)
    Third Place Prizes: $100 each (ten prizes awarded)

    Prizes will be awarded as a check payable to the winner. Total value of all prizes awarded in this Sweepstakes: $3,000.

 

  1. PRIZE RESTRICTIONS: Limit one (1) prize per person/household. Prizes are non-transferable and no prize substitution is permitted, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or greater value. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.

 

  1. WINNER NOTIFICATION AND PRIZE CLAIM: Winners will be notified by email. Potential winners are subject to verification, including verification of age and all other Eligibility criteria identified in Section 1 of these Official Rules. Each winner must provide documentation that evidences the winner’s right to receive structured settlement payments, which may include a settlement agreement, benefits letter or such other documentation approved by Sponsor (collectively, “Settlement Documentation”). Winners will be required to verify their eligibility by completing, signing, notarizing and returning an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (granting the use of the winner’s name, city/state, likeness, or photograph by Sponsor for advertising/publicity purposes, without further compensation) within ten (10) calendar days of attempted email notification or prize may be forfeited and an alternate Winner may be contacted. Prizes won by an eligible entrant who is a minor in his/her state of residence (18 years of age in AL or NE) will be awarded to minor’s parent or legal guardian who must sign and return all required documents.

 

Taxes: The winner of the First Prize will be issued an IRS Form 1099 reporting the value their prize. Winners will be required to complete a W9 Tax Form and will be required to furnish their social security number for the sole purpose of preparation of any tax forms as required by law. Winners are solely responsible for all federal, state, and/or local taxes on the prize or for any other fees or costs associated with the prize they receive, regardless of whether prize, in whole or in part, is used. Sponsor does not provide any legal or tax advice.

 

  1. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the prizes in a drawing from among all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Sweepstakes.

 

  1. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Sweepstakes Parties (collectively, “Releasees”) resulting from user’s participation in, attempt to participate in, or download of any information in connection with participating in, the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Sweepstakes Parties for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Sponsor’s web site (the “Web Site”) in whole or in part for any reason; traffic congestion on the internet or Web Site; unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained on promotional materials or on the Web Site. Use of Web Site, fax and email is at user’s own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user’s or any other person’s computer/fax equipment resulting from participation in the Sweepstakes, use of the Web Site or the download of any information from the Web Site, or any other loss related to user’s participation in the Sweepstakes or receipt of any prize. As a condition of entering, entrants agree to release Sponsor, Sweepstakes Parties from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto.

 

  1. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Maryland law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant 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 the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by 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, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

BY PARTICIPATING IN THIS PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

 

  1. PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winners (or winners’ parent/legal guardian, if winner is a minor) grant permission for Sponsor and those acting under its authority to use their name, and address (city and state only), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Web Site) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.

 

  1. GOVERNING LAW & JURISDICTION: 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 Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Maryland, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules. By entering, you consent to the jurisdiction and venue of the federal, state and local courts located in Montgomery County, Maryland for the resolution of all disputes, and agree that any and all disputes, matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

 

  1. WINNERS LIST: For a list of the winners, send a self-addressed, stamped envelope, for receipt to: Seneca One, Structured Settlement Sweepstakes 7920 Norfolk Ave. 10th Floor, Bethesda MD 20814. Requests must be received by May 30, 2018.

 

  1. SPONSOR: Seneca One Finance, Inc., 7920 Norfolk Ave. 10th Floor, Bethesda MD 20814.