DISCOVER NETWORK SMALL BUSINESS MERCHANT “HASHTAG YOUR FAVORITE SIGNAGE” SWEEPSTAKES OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR MOBILE TWEET WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE FOLLOWING SWEEPSTAKES IS OPEN TO U.S. SMALL RETAIL BUSINESS OWNERS (AS DEFINED IN SECTION 2) INCORPORATED AND OPERATING IN THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA, WHO ARE LEGAL RESIDENTS THEREOF, AND TWENTY-ONE (21) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID OUTSIDE OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW. SWEEPSTAKES BEGINS AT 12:00:01A.M. CENTRAL DAYLIGHT TIME (“CDT”) ON WEDNESDAY, OCTOBER 1, 2014, AND ENDS AT 11:59:59 P.M. CDT ON TUESDAY, OCTOBER 7, 2014 (“PROMOTION PERIOD”). DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT A LEGAL RESIDENT AND U.S. SMALL RETAIL BUSINESS OWNER INCORPORATED AND OPERATING IN THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA, AND TWENTY-ONE (21) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.
THIS SWEEPSTAKES IS NOT OPEN TO THE GENERAL PUBLIC.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER.
PLEASE READ THESE TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS AGAINST SPONSOR, DO NOT PARTICIPATE IN THE SWEEPSTAKES. BY ENTERING THE SWEEPSTAKES, YOU AGREE ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO PARTICIPATION IN THE SWEEPSTAKES (“CLAIMS”) MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT.
- HOW TO ENTER: During the Promotion Period, log on to Twitter and “follow” @DiscoverSmBiz if you have not already done so. Sponsor will post tweets asking Small Retail Business Owners to pick their favorite signage of three (3) new Discover signage options. All three (3) new signage options will be featured, each with its own hashtag, and a call to action to vote. To receive one (1) entry into the Sweepstakes, eligible entrants must follow the instructions in the posted tweet and reply to @DiscoverSmBiz with the hashtag that represents their favorite of the signage options. All entries must be received during the Promotion Period to be eligible. Replies with incorrect hashtags will not be eligible for entry. A Twitter account is required to enter and can be opened for free at http://twitter.com. You must have an open or public Twitter account by unchecking the “Protect My Tweets” option in your privacy settings. Because Sponsor will notify the winner through a direct message on Twitter, you must be signed up to “follow” @DiscoverSmBiz to be eligible to receive a prize. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. Limit one (1) prize per Twitter username/account for the duration of the Promotion Period. Limit: two (2) entries per Twitter username/account per Day during the Promotion Period. For purposes of this Sweepstakes, a day is defined as beginning at 12:00:00 a.m. and ending at 11:59:59 p.m. (“Day”).
If more than two (2) entries are received from the same Twitter username/account on any given Day, all entries submitted on that Day from said Twitter username/account may be disqualified. Entries become the property of DFS Services LLC (“Sponsor”) and will not be acknowledged or returned. Proof of submission is not proof of receipt by Sponsor. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such method. No mass or mechanically reproduced entries will be accepted. Entrants must have a valid Twitter username/account at the time of entry and prize award to be eligible. Each entrant may only use one (1) Twitter username/account to participate in this Sweepstakes. Entrants may not register with multiple Twitter usernames/accounts or use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter under multiple identities or uses any device or artifice to register multiple times may be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Any entries not in compliance with these Official Rules will be disqualified.
If you set your wireless mobile device to receive tweets via text message (which may only be available via participating wireless carriers and is not required to enter), standard text messaging rates may apply for each text message sent or received from your handset, according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges. In such event, you consent and understand that you may receive notifications related to this Sweepstakes via text message, including notifications via direct message on Twitter, which may be subject to the charges pursuant to entrant’s wireless provider rate plan. Text messaging may not be available from all wireless providers and handset models. Cell phone service may not be available in all areas. You should check your phone’s capabilities for specific instructions.
2. ELIGIBILITY: The Sweepstakes is open to U.S. Small Retail Business Owners who are current/active Discover merchant customers that are operationally compliant and in good standing. “Small Retail Business Owners” are: small retail business merchants incorporated and operating in one of the fifty (50) United States or DC that employ 250 or less personnel while obtaining less than $7 million in average annual revenues. Entrants must also be legal residents of the fifty (50) United States and the District of Columbia and who are twenty-one (21) years of age or older at the time of entry. Employees of DFS Services, LLC, Sweepstakes Administrator, Twitter, Prize Provider (if different from Sponsor), and their respective parents, affiliates, subsidiaries, promotion and advertising agencies and members of such their immediate families, defined as spouses, parents, children, siblings (whether such family members are biological, adoptive, step or in-law) and their respective spouses, and those living in the same household of such employees, whether or not related, are not eligible to enter or win. Internet access, a valid e-mail address and a valid Twitter account are required to participate. Void where prohibited by law. Promotion is subject to all applicable federal, state and local laws. You must be an eligible Small Retail Business Owner and a current / active Discover merchant customer that is operationally compliant and in good standing at the time of entry and as of the prize award date.
3. PRIZE/ARV/ODDS/TOTAL ARV OF ALL PRIZES: FIVE (5) PRIZES: Each Prize consists of: one (1) piece of Discover merchant promotion signage (as selected Sponsor), and one (1) $400.00 Discover Promotional Gift Card (the “Prize”). Gift Card terms and conditions apply. Approximate ARV of each Prize: $475.00. All prize details are at the sole discretion of the Sponsor. All prizes are awarded “as is” with no warranty or guarantee, either express or implied. Any prizes depicted in promotional packaging or otherwise in connection with this Sweepstakes are for illustrative purposes only and may not represent the actual prizes that are awarded. No substitution, transfer, or cash equivalent of prize is permitted, except by Sponsor, which reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Any and all federal, state and local taxes on the prizes, and any other costs, fees, and expenses not explicitly stated herein as being awarded, are the sole responsibility of the Winners. Winner may be issued an IRS 1099 form. Odds of winning a Prize depend on the total number of eligible entries received during the Promotion Period. All prizes will be awarded if the number of eligible entries received is equal to or greater than the number of available prizes. The total ARV of all five (5) Prizes is $2,375.00.
4. DRAWING: Five (5) potential winners will be selected in a random drawing (“Drawing”) conducted on or about October 8, 2014 from among all eligible entries received. All entries must be received during the Promotion Period to be eligible for the Drawing. This Drawing will be conducted by the Sweepstakes Administrator whose decisions on all matters pertaining to the Sweepstakes are final and binding on all entrants without right of appeal.
5. WINNER NOTIFICATION / VERIFICATION: The potential winners will receive a direct message from @DiscoverSmBiz to which the potential winners must respond via direct message and include their full name, date of birth, complete mailing address and e-mail address. Potential winners must reply within a time period specified by Sponsor in the direct message or Prize will be forfeited and Sponsor will have no further obligation to such potential winner. Potential winners may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, publicity release, within seven days of date of issuance or Prize will be forfeited and an alternate winner will be selected, if feasible. Each potential winner is subject to verification by the Sweepstakes Administrator, whose decisions are final and binding in all matters related to the Sweepstakes. An entrant is not a winner of the Prize, even if the Drawing should so indicate, unless and until the potential winner has been verified and entrant has been notified that verification is complete. Upon verification of eligibility, the potential winner will be declared the official winner (the “Winner”) and the Prize will be mailed to the Winner at the address provided via direct message. If such documents are not returned and signed within the specified time period or if Sponsor is unable to contact a potential winner within such time period, prize or if the prize notification is returned as undeliverable or a potential winner is not in compliance with these Official Rules, the Prize will be forfeited and, at Sponsor’s discretion, an alternate potential winner may be selected from all remaining eligible entries received during the Promotion Period. Please allow 6-8 weeks following verification for delivery of prizes.
6. GENERAL RELEASE: By participating, each entrant agrees: (a) to abide by these Official Rules; (b) to release, discharge and hold harmless Sponsor, Twitter, Sweepstakes Administrator, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Sweepstakes or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. The Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prizes (or any portion thereof), or the use, value or enjoyment of the Prizes (or portion thereof), including, without limitation, its quality, mechanical condition or fitness for a particular purpose.
7. SOCIAL MEDIA SITES. Sponsor is not responsible for any changes or unavailability of any social media sites that may interfere with the Sweepstakes (including any limitations, restrictions, or conditions on Sponsor’s ability to use the social media sites for the Sweepstakes as set forth in these Official Rules that are not acceptable to Sponsor) or ability of entrants to timely enter, receive notices or communicate with Sponsor via the social media sites, in which case, Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. Your use of the social media sites is subject to terms and conditions set by each social media site. Terms and conditions for Twitter are available at https://twitter.com/tos.
8. OTHER CONDITIONS: In the event of a dispute regarding entries and/or tweets received from multiple users having the same Twitter account, the authorized subscriber of the Twitter account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the Twitter account by Twitter. Released Parties not responsible for misdirected or undeliverable Twitter updates (“tweets”) or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for late, lost, damaged, misdirected, incomplete, undeliverable, destroyed, garbled or stolen entries or tweets; or for lost, interrupted or unavailable network, server, Internet Service Provider, website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether typographical, human mechanical, electronic, computer, network, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the posting of questions, the processing of entries and/or tweets, the announcement of the prize or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Sponsor may disqualify anyone from participating in the Sweepstakes or winning a Prize (and void all associated entries/tweets) if, in its sole discretion, it determines that such person is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices. Under no circumstances will more prizes than those set forth in these full Official Rules be awarded. If a technical error (including, but not limited to, programming, printing or prize notification) or seeding error, or any other error occurs that results in more potential winners than available prizes for a particular prize level, Sponsor may elect to hold a random drawing from all eligible claims received to award the indicated number of prizes for the prize in dispute. Sponsor reserves the right in its sole discretion to cancel or suspend any portion of the Sweepstakes for any reason, including should any cause corrupt the administration, security or proper play of the Sweepstakes and, in the event of termination, to determine the winner(s) from among all eligible tweets and/or entries received up to such time.
9. DISPUTES/ARBITRATION: Any dispute arising out of or relating to the Sweepstakes shall be submitted to arbitration under International Institute for Conflict Prevention and Resolution Rules for Non-Administered Arbitration (except it shall be non-binding) by three arbitrators. Each party shall appoint one arbitrator, and those two arbitrators shall choose the third arbitrator. The United States Arbitration Act, 9 USC §§1 et seq. shall govern the arbitration, and judgment may be entered by any court having jurisdiction thereof. The place of arbitration shall be Riverwoods, IL. After the non-binding arbitration decision is rendered, either party may initiate litigation upon thirty (30) days’ written notice to the other party. 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), 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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, 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 SWEEPSTAKES, OR THE PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH 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.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., without giving effect to the conflict of laws rules thereof, and each entrant agrees that any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall be subject to the jurisdiction and venue of Riverwoods, IL.
10. WINNERS LIST: For the name(s) of the Winner(s), available 10/15/2014 to 10/22/2014 or other dates decided by Sponsor, visit http://blog.discovernetwork.com/uncategorized/hashtag-your-favorite-signage-sweepstakes/.
12. TRADEMARKS. Any trademarks used in this Sweepstakes (if any) are the property of the respective trademark owners and are used for identification purposes only.
13. SPONSOR: DFS Services LLC, 2500 Lake Cook Road, Riverwoods, IL 60015.
14. SWEEPSTAKES ADMINISTRATOR: Aspen Marketing Services, a trade name of Epsilon Data Management, LLC, 1240 North Avenue, West Chicago, IL 60185.
15. PRIZE PROVIDER: DFS Services LLC, 2500 Lake Cook Rd., Riverwoods, IL 60015.
Discover Network “Hashtag Your Favorite New Signage” Sweepstakes abbreviated rules:
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID OUTSIDE THE UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW. Open to owners of U.S. Small Retail Businesses incorporated and operating in the fifty (50) United States or District of Columbia, who are legal residents thereof, and who are twenty-one (21) years of age or older at the time of entry. Internet access, a valid e-mail address and a valid Twitter account are required to participate. The Sweepstakes begins at 12:00:01 A.M. CDT on October 1, 2014, and ends at 11:59:59 P.M. CDT on October 7, 2014. For Official Rules, go to http://blog.discovernetwork.com/uncategorized/hashtag-your-favorite-signage-sweepstakes/. To receive one entry into the Sweepstakes, respond to the call to action (Discover’s Tweet) and vote by tweeting one of three pre-determined hashtags that represent your favorite signage. Limit two (2) entries per Twitter username/account per Day. Five (5) Prizes. Each Prize consists of: one (1) piece of Discover® promotion signage, and one four hundred dollar ($400) Discover Promotional Gift Card (the “Prize”). The ARV of each Prize is: $475.00. The total ARV of all Prizes is $2,375.00. Odds of winning the Prize depend on the total number of eligible entries received during the Promotion Period. Sponsor: DFS Services LLC, 2500 Lake Cook Road, Riverwoods, IL 60015.