CREDIT Sweepstakes Official RUles
YOTTA CREDIT SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Apple does not sponsor and is not involved in this promotion or any other Yotta promotion.
Yotta allows individuals to spend money using their Yotta credit card. Every transaction paid for using the Yotta card earns the individual a chance to win a prize equal to the transaction’s value.
The Yotta Credit Sweepstakes (the “Sweepstakes”) is open only to legal residents of Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Tennessee, and Utah, who are at least eighteen (18) years old at the time of entry. Void where prohibited. Proof of residency and age may be required. Employees and directors of Yotta Technologies Inc. and its subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Sweepstakes are prohibited. In order to enter the Sweepstakes or receive a prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state, and local laws.
Yotta Technologies Inc., 41 E. 11th St. 11th Floor New York, NY 10003.
The Sweepstakes begins on firstMonthDay at 12:00AM Pacific Time (“PT”) and ends on lastMonthDay at 12:00AM PT (the “Sweepstakes Entry Period”).
4. How to Get a Ticket
There are two ways to get an entry.
- Credit card entry. During the Promotion Period, an eligible entrant may enter this Promotion by using their Yotta Mastercard® Credit Card to make a qualifying purchase (“Credit Card Entry”). Entrant will receive one entry per qualifying purchase. A qualifying purchase is a purchase that has been processed and accepted by the merchant and has settled in the entrant’s Yotta account. This purchase may, but not necessarily, include tips, holds, and deposits related to the qualifying purchase. In addition, Sponsor reserves the right to disqualify any entrant whose transaction is rescinded, withdrawn, not completed, or otherwise not finalized prior to the awarding of a prize. The entrant’s Credit card must remain active through the Promotion Period and the awarding of the prizes.
- Mailing In. An eligible entrant may enter this Promotion without a Yotta Mastercard Credit Card and without making a purchase. To enter by mail (“Mail-In Entry”), an entrant must send a slip of paper with entrant’s name, home address, phone number, and email address by mail to Sponsor at Yotta Technologies Inc. 2261 Market Street #4313 San Francisco, CA 94114. Each entry must be on a separate slip of paper. Mail-In Entries must be hand-written and original. Limit 1 Mail-In Entry per outer mailing envelope. Outer mailing envelope must include “Yotta Credit Card entry”. For winner selection purposes, Mail-In Entries will be deemed made on the day they are post-marked. If you would like to have your Mail-In Entry eligible for a Promotion Day that falls on a day in which the United States Postal Service does not deliver mail, for example Sundays or holidays, you must additionally write on the Mail-In Entry slip of paper (i) either “Sunday” or the name of the weekday the holiday falls on (for example, you would write “Thursday” to enter a Promotion Day that fell on Thanksgiving) and (ii) the date in MM/DD/YY format of the Promotion Day you would like to enter, and your Mail-In Entry must be post-marked no later than the first business day following the requested Promotion Day. Mail-In Entries must be post-marked by the end of the Promotion Period, and received no later than seven days after the close of the Promotion Period.
Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries all of which will be ineligible to win a prize. In the event of a dispute as to any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winner may be required to show proof of being the authorized account holder to be awarded the prize.
5. Winner Selection.
Every qualifying Credit Card transaction is assigned a random integer between 0 and the odds applicable to that transaction through an automated random number generator less 1. For example, if the odds for such a transaction are 1 in 100, then the set of integers the random number generator will pull from is 0 to 99. If the random integer drawn from this random number generation is equal to 0, the purchase will be deemed a winning entry.
6. Prizes and Odds
Each winner who entered through the Credit Card Entry will receive the amount of the winning Credit Card Entry transaction, which will be awarded in the form of a reimbursement to the winner’s Yotta account 30 days later. For example, if the winning Credit Card Entry transaction was a purchase for $100.20, the winner will receive a reimbursement of $100.20. Prizes will be awarded based on the settled transaction amounts of the qualifying purchase, so prize amounts may not necessarily include tips, deposits, or holds. The maximum prize is $5,000. For example, if the winning Credit Card Entry transaction is $7,112, the winner will receive a $5,000 reimbursement.
Mail-In Entries will be selected based on equal (or better) odds that applied to the Credit Card Entries for each Promotion Day. For Mail-In Entry winners, Sponsor will first allocate Mail-In Entries by their designated Promotion Days, which will be determined by the post-mark date or, if so designated on the Mail-In Entry, a particular Sunday or holiday during the Promotion Period. Sponsor will then calculate the number of Credit Card Entries on a given Promotion Day and divide that number by the total number of prizes (regular prizes and Bonus Prizes, if applicable) on that Promotion Day. Sponsor will then apply that ratio to the number of Mail-In Entries received for that Promotion Day to determine the number of Mail-In Entry prizes available for that Promotion Day and the odds of winning for each Mail-In Entry. For example, if there are 1,000 Credit Card Entries on a Promotion Day and fifty Credit Card Entry Prizes, the odds of winning for a Mail-In Entry will be, at worst, one in 20. A potential winner can be a Winner, whether a Credit Card Entry prize winner or Mail-In Entry prize winner, only once per Promotion Day.
Each winner who entered through the Mail-In method of entry will receive the amount of the median prize awarded by Credit Card entries in the trailing 30 days.
Prizes awarded to Mail-In Entry winners will be awarded in the form of checks mailed to the mailing address provided by winner in connection with the Mail-In Entry. No substitution, assignment or transfer of the prize is permitted, except by Sponsor, which has the right to substitute the prize with another of comparable or greater value. Sponsor will not replace a lost or stolen prizes. Each winner is responsible for all taxes and fees associated with the receipt and/or use of the prize. All properly claimed prizes will be awarded, but in no event will more than the stated number of prizes be awarded. If production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
7. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER AND OTHER MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE APP SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING SELECTIONS HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY POTENTIAL WINNER NOTIFICATION THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE, IS VOID, AND WILL NOT BE HONORED.
8. Verification of Potential Winner
Potential winner will be notified via the App or using the email address / phone number provided with the entry or on file with the Sponsor. Failure by potential Sweepstakes winner to respond to the initial verification within two (2) days of notification will result in disqualification. Potential Sweepstakes winner may be required to complete and return an Affidavit of Eligibility, provide identification, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential Sweepstakes winner may be selected. In the event: (a) potential Sweepstakes winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential Sweepstakes winner notification or Affidavit is returned as undeliverable; (b) potential Sweepstakes winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) potential Sweepstakes winner is found to be ineligible to enter the Sweepstakes or receive the prize; (e) potential Sweepstakes winner cannot or does not comply with the Official Rules; or (f) potential Sweepstakes winner fails to fulfill the Affidavit-related obligations, the potential Sweepstakes winner shall be disqualified. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Sweepstakes winner, if any.
9. Entry Conditions and Release
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which is binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor, Interactive Promotions Group and their respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry.
Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor, Interactive Promotions Group and any of their designees to use and/or publish winner’s entry, name, city and state of residence, and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
11. General Conditions
Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date.
12. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of each prize will be awarded.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. Sweepstakes Results
For Sweepstakes results, send a written request to Winners List – Yotta Technologies Inc. 2261 Market Street #4313 San Francisco, CA 94114. Requests for the Winners List must be received within 60 days of the end of the Sweepstakes Entry Period.