No purchase or payment is necessary to enter or win. A purchase or payment of any kind will not increase your chances of winning.
These official rules contain an arbitration agreement, which will, with limited exception, require you to submit claims you have against the sponsor to binding and final arbitration. Under the arbitration agreement you will only be permitted to pursue claims against the sponsor on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Index
1. Eligibility
Firstcard Random Cashback Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (and the District of Columbia) who are eighteen (18) years of age or older at the time of entry. Void where prohibited. Employees of Firstcard Inc. and its respective parents, affiliates, subsidiaries, distributors, sales representatives, and all other service agencies involved with the Sweepstakes and members of their immediate family (spouse, parents, siblings, and children) and household members (whether related or not) of each such employee are not eligible to participate or win. 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.
2. Sponsor
Firstcard Inc., 101 Jefferson Dr., Menlo Park, CA 94025.
3. Timing
Sweepstakes begins on October 1, 2023 at 12:00 a.m. PT and ends October 31, 2023 at 11:59 p.m. PT (“Entry Period”). The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state and local laws.
4. How to Enter
There are two ways to entry:
Card Entry
During the Entry Period, an eligible entrant may enter this Sweepstakes by using their Firstcard Card to make a qualifying purchase (“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 Firstcard account. This purchase may, but not necessarily, include tips, holds, and deposits related to the qualifying purchase. Additionally, the following transaction categories are NOT qualifying purchases and will not be eligible to earn entries into this Sweepstakes:
- ATM withdrawals
- Wire transfers or cash transfers
- Purchasing gift cards or other cash equivalents
- Gambling or online casino
- Peer-to-peer (P2P) transfers, such as Venmo, Cash App, transfers between Firstcard users, or similar services
- Gambling, bill Payment, prepaid phone recharge and any other transaction types that we may deem ineligible at our sole discretion
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 Entry Period and the awarding of the prizes.
Mailing In
An eligible entrant may enter this Sweepstakes without a Firstcard 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 Firstcard Inc., 101 Jefferson Dr., Menlo Park, CA 94025. 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 “Firstcard Card entry”. Mail-In Entries must be post-marked by the end of the Entry Period and received no later than seven days after the close of the Entry Period.
Conditions Applicable to All Entries. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different email addresses, identities, registrations or logins) is prohibited and will void all entries submitted by that entrant if discovered by Sponsor. Entrants must use their own name. Sponsor reserves the right in its sole discretion to disqualify any entry at any time that in Sponsor’s opinion does not comply with these Official Rules. Sponsor is not responsible for lost, incomplete, damaged, illegible, late, postage-due, or misdirected entries, or for errors in mechanical transmission, unavailability of phone lines or connections, cellular phone service, or any other technical malfunctions or inability to transmit messages or entries. Received entries become the property of Sponsor and will not be returned or acknowledged. 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 Determination
Each entry will be assigned a random integer between 1 and 100 through an automated random number generator. The random integer corresponds to different prize values, and not all integers represent winning entries. For example, if the random integer is between 1 and 60, the purchase will not be deemed a winning entry. The allocation of random integers to different prize values is at the sole discretion of Firstcard and may be subject to change without notice. All prizes will be awarded in the form of cashback to the winner’s Firstcard account, except for winners who entered through the Mail-In method of entry, who will receive their prize in the form of a check.
6. All potential winners
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.
7. Verification of Potential Winners
Potential winners may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted, or the potential winner notification or Affidavit is returned as undeliverable, (b) potential winner declines or cannot accept, receive or use the prize for any reason, (c) of noncompliance with these Official Rules or any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, or (e) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected in a random drawing, from among the other eligible entries received, as described in Section 5 above. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any.
8. Prizes / Odds
The prize for each winning entry is determined by the cashback rate associated with the random integer drawn for the qualifying transaction. The prize will be a percentage of the transaction amount corresponding to the cashback rate. The cashback rates are allocated as follows:
- If the random integer is between 1 and 60, no cashback reward will be earned. Odds are 60:100.
- If the random integer is between 61 and 90, the cashback reward will be 0.4% of the qualifying purchase amount. Odds are 29:100.
- If the random integer is between 91 and 96, the cashback reward will be 2.90% of the qualifying purchase amount. Odds are 7:100.
- If the random integer is between 97 and 99, the cashback reward will be 4.90% of the qualifying purchase amount. Odds are 3:100.
- If the random integer is 100, the cashback reward will be 9.90% of the qualifying purchase amount. Odds are 1:100.
For Mail-In Entry winners, the cashback rate will be applied to the average transaction amount of Card entries in the trailing 30 days to determine the prize amount.
All prizes are awarded in the form of cashback to the winner’s Firstcard account, except for winners who entered through the Mail-In method of entry, who will receive their prize in the form of a check 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 lost or stolen prizes. Each winner is responsible for all taxes and fees associated with the receipt and/or use of the prize. 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.
All prizes are awarded in the form of cashback to the winner’s Firstcard account, except for winners who entered through the Mail-In method of entry, who will receive their prize in the form of a check 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 lost or stolen prizes. Each winner is responsible for all taxes and fees associated with the receipt and/or use of the prize. 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.
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 are binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor and its 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. Winner acknowledges that the prize is awarded as-is without warranty of any kind.
10. Publicity
Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), 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.
13. 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 in these Official Rules (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 New York 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 PROMOTION OR INDIVIDUAL SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL SWEEPSTAKES RULES.
Any questions, comments, or complaints regarding the Sweepstakes must be directed to the Sponsor by mail to Firstcard, 101 Jefferson Drive, 1st Floor Menlo Park, CA 94025 or email to support@firstcard.app.
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