Sweepstakes

2019 Happiness & Money Quiz Sweepstakes

OFFICIAL RULES

BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT.

1.  Sweepstakes Period

The 2019 HAPPINESS & MONEY QUIZ SWEEPSTAKES (the “Sweepstakes”) begins at 8:00am PST on 9/9/2019, and ends at 11:59pm EST on 9/30/2019 (the “Sweepstakes Period”).  Sponsor’s computer is the official clock for the Sweepstakes.

2. Eligibility 

Sweepstakes only open to legal residents of the U.S. and D.C., excluding MA, MS, NE, NV, and WV, who are above the age of majority in their state of legal residence as of the date of entry, are a verified past or present Payoff applicant or member and recipient of the Sweepstakes email. Employees of Sponsor and its affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies (“Sweepstakes Entities”), their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and those living in the same household of each such individual, whether or not related, are not eligible to participate or win. 

3. How to Enter  

METHOD OF ENTRY: There is one method of Entry for this Sweepstakes.  NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  

Provided that you satisfy the Eligibility criteria set out above, you may enter by completing the survey at https://www.surveygizmo.com/s3/5187998/Happy-Money-Quiz-Q3-2019. When prompted, you will be required to answer survey questions by selecting responses and following the button prompts within the survey. You will also be required to provide the following information: first name, age, and email address. Upon submitting a properly completed survey, you will automatically receive one Entry into the Sweepstakes.

Alternatively, Entrants may send a Self-Addressed Stamped Envelope to Sponsor’s address with their name and verified email address. Entrants will automatically receive one Entry into the Sweepstakes by either one of these methods of Entry.

LIMITS: There is a limit of one (1) Entry per person for the entire Sweepstakes Period.  All Entries become the property of Sponsor and will not be acknowledged or returned. 

ENTRANT DATA AND PRIVACY: Submission of the Entry, including any prize notification documents (“Entrant Data”), constitutes your consent for Sponsor to obtain, use, and transfer your name, address, and other details for Sweepstakes administration purposes. Any Entrant Data shall be used only in a manner consistent with the consent given by Entrants at the time of entry, with these Official Rules, and with Sponsor’s Online Privacy Policy, which can be found at https://www.happymoney.com/privacy-policy/. By accepting a prize, Winner consents to the use of his/her name, biographical information, including city and state of residence, for promotional purposes by Sponsor and its designees, including but not limited to publication in a Winners List, without additional compensation, except where prohibited by law (“Promotions”).  All copyright, trademark, or other intellectual property rights in such Promotions shall be owned by Sponsor or its licensors, and Winner hereby disclaims and waives any claim of right to such Promotions. Such Promotions shall be solely under control of Sponsor or its licensors, and Winner hereby waives any claim of control over the Promotions’ content, as well as any possible claims of misuse of Winner’s name under contract, tort, or any other theory of law.

4. Prizes, Prize Drawing, and Odds of Winning  

PRIZE DRAWING: Sponsor will conduct six (6) random prize drawings from all eligible entries received during the Sweepstakes Period.  All drawings will be conducted within 30 days of the end of the Sweepstakes Period. Odds of winning depend on the number of eligible entries received. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor.

PRIZE DETAILS:  Total of six (6) cash prizes. One winner will receive a check for $2000; one winner will receive a check for $1000, and 4 winners will receive a check for $500 (“Prizes”). The approximate retail value (“ARV”) of all Prizes is U.S. $5000. The Prize will be sent at no expense to the Winner. Sponsor will notify a Potential Winner by sending a message to the Potential Winner via email. The Potential Winner is responsible for responding and providing the correct ship-to address within 30 days after issuance of notification. A signature may be required at the time of delivery. The Winner is solely responsible for any taxes on the prize. Only one prize will be awarded per Winner. 

PRIZE AWARDING: All Prizes will be awarded, provided more than enough entries have been received. Sponsor will not replace any lost or stolen prize. No transfers, cash awards, or prize substitutions are permitted, except by Sponsor. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Prize winner may be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return the same, properly executed, within seven (7) days of issuance of notification. (TN residents need not sign the publicity releases).  If a prize or prize notification is returned as undeliverable; or if a Potential Winner cannot be contacted after a reasonable number of attempts, is ineligible according to these Official Rules, fails to provide the required information and/or return the required documents within the specified time period, decides to decline his/her prize for any reason whatsoever, or otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the Affidavit is received within the specified time period, is verified, and receives final approval by Sweepstakes Entities, then and only then will a Potential Winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsor are final in all respects of the Sweepstakes.  

PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sweepstakes Entities 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 a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. Winner will not be obligated to purchase any other Sponsor products or services. Entrant agrees to indemnify, release, and hold harmless Sweepstakes Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the prize resulting from participating in this Sweepstakes. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Entrant or that of Entrant’s heirs, executors, and administrators relative to Entrant’s use of the prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the prize awarded to Entrant. Winners of Prizes may be required to sign an IRS Form W-9 with the Winner’s full social security number or the equivalent.  Failure to submit a Form W-9 upon request will result in forfeiture of the prize.  

5. Limitations of Liability

Sponsor assumes no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Sweepstakes; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. If terminated, the Sponsor will award the prizes from among all non-suspect, eligible Entries received for the Sweepstakes up to the time of such action.  

6. Disputes

This Sweepstakes is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of California. Any action seeking legal or equitable relief arising out of or relating to the Sweepstakes or these Official Rules shall be brought only in the courts of the State of California. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-conveniens or lack of personal jurisdiction they may have. 

BY ENTERING THE SWEEPSTAKES, 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 ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, 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) NOT TO EXCEED FIFTY DOLLARS ($50.00), 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 NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ 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.  

7. Who Won

For the name of the prize winners, please send a self-addressed, stamped envelope to Attention: Compliance, Payoff, Inc., d/b/a Happy Money, 3200 Park Center Drive, Suite 800, Costa Mesa, CA 92626.  Requests for winner’s name(s) must be received within 60 days of the end of the Sweepstakes Period.

8. Sponsor 

Payoff, Inc., DBA Happy Money, 3200 Park Center Drive, Suite 800, Costa Mesa, CA 92626.

9. Miscellaneous

The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as "may" are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy, or terms of use on Sponsor’s Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. Sponsor works with lending partners to ultimately originate loans. Information about its Lending Partners, including their address, financial institution type and charter, as well as links to their websites and privacy policies can be found on our Lending Partners page.  All loans are subject to credit review and approval. Entrant’s actual loan rate depends upon credit score, loan amount, loan term, credit usage and history.