Awarded prizes are subject to restrictions and criteria and the winners maintaining eligibility requirements, as defined in these rules and regulations. If an entrant is an “eligible minor” in his or her state of resident, his or her parent or legal guardian agrees to these rules & regulations on behalf of his or her minor child; by entering, you agree to these rules & regulations, which are a contract, so read them carefully before entering. Without limitation, these rules and regulations include indemnities to the administrator (defined below) from you and a limitation of your rights and remedies. Void where prohibited by law.
1. Eligibility: “Home for the Holidays” Sweepstakes (“the Sweepstakes”) is open to (1) citizens or permanent residents of the United States who are at least the age of majority or in their state of residence or an eligible minor at the time of entry and who are enrolled in a high school or post-secondary educational institution or who are the parent or legal guardian of a person who is enrolled in a high school or post-secondary educational institution. Employees of College Avenue Student Loans, LLC and any of their respective parent companies, subsidiaries, affiliates, agents and agencies that are involved in this Sweepstakes, and the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
2. Administrator: The Sweepstakes is administered by College Avenue Student Loans, LLC, 233 N. King St., Suite 400, Wilmington, Delaware 19801 (“Administrator”).
3. Agreement to Official Rules: By participating in the Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Administrator, which are final and binding in all matters related to the Sweepstakes.
4. Promotion Period: The Sweepstakes begins at 12:01:01 a.m. Eastern Daylight Time on October 1, 2018, and ends at 11:59:59 p.m. Eastern Daylight Time, December 31, 2018 (the “Promotion Period”). Administrator’s computer is the official timekeeping device for this Sweepstakes.
5. How to Enter: At any time during the Promotion Period, entrants may enter the Sweepstakes by completing and submitting the online registration form at www.collegeavestudentloans.com/holidays. You then will receive one entry into the Sweepstakes. A maximum of one entry per email account per person during the Promotion Period is permitted. Entries will not be judged. Any use of robotic, automatic, programmed or similar entry methods or agents (including, but not limited to, contest entry services) will void all entries by that entrant. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. In the case of an email address, the “authorized account holder” is the natural person assigned the email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Proof of submitting entries will not be deemed to be proof of receipt by Administrator. By providing your email address, you consent to receiving marketing emails from the Administrator. All marketing emails from Administrator will have an “unsubscribe” link at the bottom of the email, and you may elect to unsubscribe from Administrator’s emails at any time. The Administrator will not sell, rent or share your email address.
6. Selection of Winners and Odds: The Administrator will select winning entries randomly from all eligible entries. Odds of winning will depend on how many entries Administrator receives. No entrant may win more than one prize.
7. Requirements and Notification of Potential Winner: Potential winners must continue to comply with the Official Rules; and winning is contingent upon fulfilling all requirements. The potential winner will be notified via email (using the email address that he or she provided in his or her online entry) and/or via telephone (using the phone number that he or she provided in his or her online entry). Normal Internet access charges imposed by your online or phone service provider will apply if you are notified via email or phone that you are the potential winner. Return of any prize notification as undeliverable may result in disqualification and an alternate winner may be selected. If the potential winner fails to respond to the notification email, phone call, or provide the requested information within seven (7) days of the first such notification, the prize is forfeited and an alternate prize winner will be selected at random. The potential winner must communicate with the Administrator via Administrator’s preferred method (including phone, email and United States postal service) and provide information requested to allow Administrator to fulfill the prize including, but not limited to, providing Administrator with a completed United States Department of Treasury Internal Revenue Service Form W-9. In addition, the potential winner (and parent/legal guardian if the prize winner is an eligible minor) may be required to sign and return to Administrator: an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) in order to claim his/her prize and to fulfill any such other requirements as determined by Administrator. If a potential winner (and parent/legal guardian is he prize winner is an eligible minor) fails to do so, he/she may be disqualified and forfeit the prize. In the event that a potential winner is disqualified for any reason, Administrator will award the prize to another entrant randomly selected. If the alternate potential winners are disqualified, the prize may not be awarded. All federal, state and local taxes are the sole responsibility of winner. All federal, state and local laws and regulations apply.
8. Prizes: After the Promotion Period ends, a random drawing will be conducted by the Administrator to select a total of three (3) winners. Each winner will receive one (1) prize. Each prize includes: Apple iPad®, $500 Visa Gift Card, Bose wireless headphones, $50 Starbucks Gift Card, and The North Face duffel bag. (ARV $1,500)
Prizes are non-transferable. Name changes are not allowed once provided to Administrator. Arrangements for fulfillment of prize will be made by Administrator. Approximate total prize value: $4,500. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Other restrictions, conditions and limitations may apply.
9. Disclaimer: Apple and any other prize product companies are not participants in or an Administrators of this Sweepstakes nor do they endorse or support this Sweepstakes in any way. Their names and logos are registered trademarks of Apple and the other prize product companies. You understand that you are providing your information to the Administrator and not to Apple or the other prize products companies.
10. Publicity: Except where prohibited, participation in the Sweepstakes constitutes entrant’s consent for Administrator and its designees to use entrant’s name, likeness, school, and state of residence for promotional purposes in any media without further consideration.
11. General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but, not limited to, fraud, virus or other technical problem, the Administrator may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Sweepstakes. The Administrator reserves the right in their sole discretion to disqualify any individual it deems, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner.
Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. The Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Administrator is not responsible for lost, late, delayed, incomplete, entries not received by the entry deadline, interrupted or unavailable network, server or other connections, miscommunications, failed telephone, computer hardware or software, and other technical errors or failures of any kind, including any injury or damage to any person’s electronic device (including but not limited to computer, tablet or phone), internet, messaging or data charges related to or resulting from participating in or experiencing any materials in connection with the Sweepstakes; unauthorized human intervention; failed, incomplete, garbled, jumbled or delayed computer transmissions or other errors of any kind, whether human, mechanical or electronic, that may limit a user’s ability to participate in the Sweepstakes including without limitation, the incorrect or inaccurate capture of entry information online regardless of cause. Any use of robotic, automatic, programmed or like entry methods will void all entries affected by such methods and be deemed tampering. Administrator reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
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, Administrator reserves the right to seek damages from any such individual to the fullest extent of the law. Administrator reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the program as determined by the Administrator in their sole discretion.
12. Release and Limitations of Liability: Except where prohibited, by participating in the Sweepstakes, entrants agree to release and hold harmless College Avenue Student Loans, LLC, and their respective shareholders, subsidiaries, affiliates, promotional partners, prize partners, agents and agencies, and the officers, directors and employees of them (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, printers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) late, lost, or undeliverable mail; or (f) 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 of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Sweepstakes entry. The Administrator reserves the right to not award the prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
13. Binding Arbitration: Any controversy or claim arising out of or relating to this 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 Delaware 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, Administrator 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 Administrator 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 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.
14. Governing Law and Jurisdiction: The Official Rules and the Sweepstakes are governed by U.S. law and are subject to all applicable federal, state and local laws and regulations. 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 Delaware, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in “Binding Arbitration” Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Delaware, in the City of Wilmington.
15. Publication and Assignment of Rights to Submissions: By entering the Sweepstakes, Participants agree to assign all right, title, and interest, including copyright rights, in the entry to College Avenue Student Loans, LLC and grant permission for College Avenue Student Loans, LLC and its respective designees to publish or publicize all or part of their entry, including but not limited to Participant’s name, likeness and photo, in whole or in part, for advertising, promotional and trade or other purposes in conjunction with this and similar promotions in any and all media now known or hereafter developed, worldwide in perpetuity, without notice or permission and without further compensation, except where prohibited by law.
17. Winner List: To obtain the names of the winners, send a stamped, self-addressed envelope to: College Ave Student Loans Sweepstakes Winner, 233 N King Street, Suite 400, Wilmington, DE 19801 Attn: Scholarship Sweepstakes Team, within six (6) months following the Prize drawing. The winners of each random drawing will be announced on the contest website within thirty days of the final distribution of all prizes from that drawing or as soon thereafter as practical.