NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE SWEEPSTAKES OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE UNITED STATES AND CANADA, IN PUERTO RICO, IN QUEBEC AND WHERE PROHIBITED BY LAW. DETAILS OF THE PRIZES AND HOW TO ENTER THE SWEEPSTAKES ARE CONTAINED IN THESE OFFICIAL RULES.
Please read carefully these rules (these “Official Rules”) before entering the Clearbanc’s and Michele Romanow’s $10,000 Giveaway to Grow Your Business (the “Sweepstakes”).
- Eligibility. To enter and be eligible to win, (a) a person must be a Qualified Business (as defined below), and (b) the entry into the Sweepstakes for such Qualified Business is performed by an Eligible Representative (as defined below).A “Qualifying Business”: (i) is duly incorporated under the laws of the United States or one of its fifty (50) states (including District of Columbia) or Canada or one of its provinces excluding Quebec, (ii) as of the time entry, is validly existing and in good standing under the laws of its incorporation, (iii) is engaged in the business of buying or selling of goods or the provision of services using the internet, and (iv) as of the time of entry, is in compliance with all applicable law.An “Eligible Representative”: (1) is an individual, (2) who is a legal resident of one of the fifty (50) United States (including District of Columbia) or Canada (excluding the Province of Quebec), (3) who is older of 18 years old or the age of majority in the jurisdiction of their residence, and (4) who has proper and valid authority to act on behalf of and bind a Qualifying Business.
Employees, their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children, grandchildren and those living in the same household), and investors (and their immediate family members), subsidiaries, affiliates, advisors (and their immediate family members), contractors (and their immediate family members) and advertising/promotion agencies (and their immediate family members) of Clear Finance Technology Corp. are not eligible to enter the Sweepstakes. Eligible Representatives and the Qualifying Business may be required to show proof satisfactory to the Sponsor, in their sole and absolute discretion, of the eligibility requirements listed above.
- Agreement to Official Rules and Decisions. By entering the Sweepstakes, you acknowledge and agree that you, as the Eligible Representative, are entering into the Sweepstakes and accepting these Official Rules on behalf of a Qualifying Business and hereby represent and warrant that (a) you are authorized to do so, and have proper and valid authority to bind such Qualifying Business, (b) you and such Qualifying Business agree to be bound by these Official Rules and Clear Finance Technology Corp.’s (“we”, “us”, “our” or “Sponsor”) decisions, and (c) acknowledge that you and such Qualifying Business satisfy all the Sweepstakes requirements, in which case, the words “you” and “your” used hereinafter in these Official Rules shall refer to such Qualifying Business. The Sweepstakes is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations and is void where prohibited.
- Timing. The Sweepstakes begins at 10:00 a.m. EST on October 12, 2020 and ends at 11:59:59 p.m. EST on October 19, 2020 (the “Sweepstakes Period”). The beginning and ending times of the Sweepstakes shall be determined by the computers of the Sponsor or its designees.
- How to Enter. There are three methods to enter the Sweepstakes, which are outlined below. Limit one entry per Qualifying Business during the Sweepstakes Period, regardless of entry method.Entry Method #11. You or your Eligible Representative follow @micheleromanow and @clearbanc on Instagram during the entire Sweepstakes Period,
2. You or your Eligible Representative share the official Sweepstakes Instagram post (the “Instagram Post”) available on Clearbanc’s or Michele Romanow’s Instagram feed to their Instagram Story with the hashtag #ClearbancGiveaway, and
3. You or your Eligible Representative comment on their Instagram username or website in the comments of the Instagram Post.You or your Eligible Representative must have an Instagram account and be logged in to your account to enter via this method. Instagram accounts are free, but subject to its Terms of Service: https://help.instagram.com/581066165581870?ref=dp. To learn more about how to create an Instagram account, visit: https://help.instagram.com/155940534568753. The applicable Instagram account must be public so that the Instagram Post is viewable to the Sponsor and its designees. You or your Eligible Representative may need to use a mobile device and therefore, message and data rates may apply. Please consult the applicable wireless-service provider regarding its pricing plans.
Entry Method #2
1. You or your Eligible Representative follow @micheleromanow and @clearbanc on LinkedIn during the entire Sweepstakes Period,
2. You or your Eligible Representative share the official Sweepstakes LinkedIn post (the “LinkedIn Post”) on LinkedIn with the hashtag #ClearbancGiveaway, and
3. You or your Eligible Representative comment on their LinkedIn page or website in the comments of the LinkedIn Post.
You or your Eligible Representative must have a LinkedIn account and be logged in to your account to enter via this method. LinkedIn accounts are free, but subject to its Terms of Service: https://www.linkedin.com/legal/user-agreement. To learn more about how to create a LinkedIn account, visit: https://www.linkedin.com/help/linkedin/answer/2964/signing-up-to-join-linkedin. The applicable LinkedIn account must be public so that your LinkedIn Post are viewable to the Sponsor and its designees. You or your Eligible Representative may need to use a mobile device and therefore, message and data rates may apply. Please consult the applicable wireless-service provider regarding its pricing plans.
Entry Method #3Alternatively, properly complete and submit the online entry form available at Entry Form.
- Prize. We will award one prize with a total approximate retail value (“ARV”) of USD$15,000 consisting of the following items (the “Prize”):
- USD$10,000.00 (ARV USD$10,000); and,
- a 30-minute meet and greet via video teleconference between the winner’s appointee only and Michele Romanow (at a date and time to be determined by the Sponsor in its sole and absolute discretion) (the “Meet ‘n Greet”) (ARV USD$5,000).The winner will be responsible for paying all costs and expenses related to the prize that are not specifically mentioned, including, but not limited to, Federal/country, province, state, local and/or withholding taxes, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize. The winner agrees to provide any tax-related documents necessary to satisfy any requirements imposed by a relevant tax authority.
- Prize Drawing. The Sponsor (or Sponsor’s designee) will randomly select 1 potential winner from all eligible entries received by Sponsor during the Sweepstakes Period. The random drawing will be held at on October 20, 2020. We will attempt to notify the potential winner by telephone, e-mail or Instagram Direct Message on within or around 5 business days following the drawing, using the contact information provided at the time of entry.Before being confirmed and declared the winner of the Sweepstakes: (a) the potential winner’s Eligible Representative of the potential winner will be required to correctly answer a time-limited mathematical skill-testing question without mechanical or other aid to be administered by telephone, e-mail or other method as determined by the Sponsor in its sole and absolute discretion, (b) the potential winner undergoes and successfully completes to the Sponsor’s sole and absolute satisfaction business verification process, which may include, but not limited to, an ‘know your business’ / ‘know your client’, for the purpose of ensuring that that the potential winner is in compliance with all applicable law and poses no danger of any kind to or may harm the reputation of any person or entity involved in the Sweepstakes (as determined by the Sponsor in its sole and absolute discretion), (c) the potential winner’s Eligible Representative and its appointee to attend the Meet ‘n Greet (the “Meet n’ Greet Appointee”) each undergoe and successfully complete to the Sponsor’s sole and absolute satisfaction a verification process, which may include, but not limited to, an identity and background check, for the purpose of ensuring that that the potential winner poses no danger of any kind to or may harm in any way the reputation of any person or entity involved in the Sweepstakes (as determined by the Sponsor in its sole and absolute discretion), (d) the potential winner represents, warrants and covenants continuously from the beginning of the Sweepstakes Period until it receives the Prize that it is: (i) validly existing and in good standing under the laws of its incorporation, (ii) engaged in the business of buying or selling of goods or the provision of services using the internet, and (iii) in compliance with all applicable law, and (d) the potential winner, its Eligible Representative, and its Meet n’ Greet Appointee complete, properly sign and date and return within seven (7) business days of notification the Sponsor’s eligibility statement, publicity and release form (the “Form”), which, among other things (as applicable): (1) confirms their compliance with these Official Rules; (2) acknowledges their acceptance of the Prize as awarded; (3) confirms the publication, reproduction and other use of their, as applicable, name, trademarks, logos, domain names and other distinctive brand features, without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including, but not limited to, print, broadcast or the internet, and (4) releases the Sponsor, its subsidiaries, affiliates and advertising/promotion agencies, Instagram, LLC and LinkedIn, LLC and such companies’ officers, directors, employees, agents, successors, assigns and representatives (collectively, the “Releasees”) from and against any and all claims, losses, fines, injuries, penalties, damages and liabilities arising out of the Sweepstakes, including, but not limited to, their participation in the Sweepstakes and the awarding, receipt, possession or use or misuse of the Prize (or any portion thereof). You and your Eligible Representative agree to cooperate, and you will cause your Meet n’ Greet Appointee to cooperate, with the Sponsor in the Sponsor conducting the above-mentioned verification processes, which includes providing information requested by the Sponsor including, but not limited to, full legal names and addresses.
If: (w) the potential winner does not claim the Prize within twenty-four (24) hours of notification, (x) the potential winner, its Eligible Representative or its Meet n’ Greet Appointee do not meet any of the Sweepstakes requirements outlined in these Official Rules in any respect, including, but not limited to, correctly answering the time-limited mathematical skill-testing question or failure to complete, properly sign and date and return the Form within the above-mentioned time period (as applicable), (y) the potential winner or its Meet n’ Greet Appointee is prohibited by applicable law from receiving the Prize, or (z) the potential winner or its Meet n’ Greet Appointee cannot accept the Prize for any reason, then in each case the potential winner will be automatically disqualified and will automatically forfeit all rights to the Prize, and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible potential winner from among the remaining eligible entries (in which case the foregoing provisions of this section shall apply to such new selected potential winner).The Prize will be awarded “as is” and without warranty of any kind, express or implied (including, but not limited to, any implied warranty of merchantability, title, quality or fitness for a particular purpose).
- Odds of Winning. Odds of winning depend on the number of eligible entries received.
- Publicity. If you are the winner, by accepting the Prize, you: (a) grant to the Sponsor, its successors and assigns and its designee(s) the right to use and publish your name, trademarks, logos, domain names, other distinctive brand features, images and other indicia of business persona, opinions, headquarters’ city and province, territory or state, place of incorporation, and (b) will cause the Meet n’ Greet Appointee to grant to the Sponsor, its successors and assigns and its designee(s) the right to use and publish their name, biographical information, likeliness, voice, photographs (including your Instagram profile picture), images and other indicia of persona, opinions, hometown, city and province, territory or state of residence, in each case in connection with the Sweepstakes or similar sweepstakes or contests, for promotional and advertising purposes, worldwide, in perpetuity, in any media now known or hereafter devised, including, but not limited to, the Internet, without payment, notification, consent or other consideration.
- Release and Indemnity. By entering the Sweepstakes, you and the Eligible Representative forever and irrevocably release and hold harmless the Releasees from and against all claims, losses, fines, injuries, penalties, damages and liabilities arising, in whole or in part, directly or indirectly, from: (a) your participation in the Sweepstakes, or Sweepstakes-related activities or events, (b) your entry and any submissions, (c) your representations and agreements in these Official Rules, and (d) your award, receipt, possession or use or misuse of the Prize (or any portion thereof), even if caused or contributed to by the negligence of any of the Releasees or Instagram, LLC. If you are the winner, you and your successors and assigns agree to indemnify, defend and hold harmless us, our subsidiaries and affiliates and our and their respective officers, directors, shareholders, employees, agents, successors, assigns and representatives (the “Indemnitees”) from and against all claims, losses, fines, injuries, penalties, damages, liabilities, cost and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred by or imposed upon the Indemnitees as a consequence of any claim, judgement or award in favour of your Meet n’ Greet Appointee arising out of or in any way connected to Sweepstakes or the Prize. We will provide notice to you of any such claim, suit or demand. We reserve the right to assume the exclusive defense and control of any matter which is subject to the obligations under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- Limitation of Liability. THE SPONSOR’S LIABILITY TO YOU AND YOUR ELIGIBLE REPRESENTATIVE FROM AND AGAINST ANY CLAIMS, LOSSES, FINES, INJURIES, PENALTIES, DAMAGES OR LIABILITIES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE SWEEPSTAKES OR THE PRIZE, SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED USD$50.00. ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event legal fees and disbursements. Under no circumstances will you be permitted to obtain judgments or awards for, and you hereby waive all rights to claim, indirect, punitive, extraordinary, special, 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. The Sponsor is not responsible for: (a) any incorrect, lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by you or your Eligible Representative, by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error that may occur in the processing of entries, (b) any printing, typographical or other errors in any materials associated with the Sweepstakes, (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the Internet or at any website, or (d) injury or damage to your, your Eligible Representative’s or any other computer resulting from downloading any materials in connection with the Sweepstakes.
- Disputes. You and your Eligible Representative agree that any and all disputes, claims and causes of action arising out of or in any way connected to the Sweepstakes or the Prize shall be resolved individually, without resort to any form of class action, and exclusively by the Delaware courts (state and federal) in New Castle County. You hereby submit to sole and exclusive jurisdiction to said courts for any such dispute and irrevocably waive any and all rights to object to such jurisdiction.In the event of a dispute as to any entry via Instagram, the authorized account holder of the Instagram account used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is the natural person who is assigned the account by Instagram. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Sweepstakes at the actual time of entry will be deemed to be the participant and must comply with these Official Rules. You may be required to show proof satisfactory to the Sponsor, in their sole and absolute discretion, of being an authorized Instagram account holder or e-mail account subscriber.
- Additional Terms. We may, to the maximum extent permitted by applicable law and in our sole and absolute discretion, change these Official Rules or cancel the Sweepstakes at any time without reason or notice you, or modify, suspend or cancel the Sweepstakes if any fraud, technical failures, unauthorized human intervention or other causes or factors beyond our control impair or corrupt any aspect of the Sweepstakes, including, but not limited to, the administration, security, fairness or proper play of the Sweepstakes or submission of entries. We may, in our sole and absolute discretion, disqualify any Qualifying Business, Eligible Representative or Meet n’ Greet Appointee found to be: (x) tampering with the entry process or the operation of the Sweepstakes; (y) acting in violation of these Official Rules, our Terms of Service or any other agreement they may have with us; or (z) acting in an unsportsmanlike or disruptive manner or with intent to abuse, frustrate, annoy, demean, threaten or harass any other person. If your entry is incomplete or if you use robotic, scripts, macros or other automated or programmed methods, your entry will be automatically void. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that clause. No greater than the number of Prizes stated in these Official Rules will be awarded. If any technical errors occur in the selection of a potential winner or if more prizes are claimed than the number of prizes being awarded as provided in these Official Rules, we may award the Prize by random drawing from among all eligible entries. Please note that the Sponsor may be running similar sweepstakes at the same time as the Sweepstakes. You understand that you will not be eligible to receive any prize awarded in any other sweepstakes unless you enter each sweepstakes separately in accordance with the rules of that other sweepstakes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and the 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 any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware. Should any provision of these Official Rules be held by a court to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect. If you win the Prize, you may not transfer, assign, or redeem any portion of the Prize for cash. We reserve the right in our sole and absolute discretion to substitute the Prize (or a portion thereof) with a prize of equal or greater value. You agree that our decisions related to the Sweepstakes and all drawings are final and binding. The Sweepstakes is not sponsored, endorsed or administered by or associated in any with Instagram, LLC. The Sweepstakes and all accompanying materials are © 2020 by Clear Finance Technology Corp. and its affiliates. All rights reserved.
- Privacy Notice. All information collected from you in connection with the Sweepstakes is subject to the Sponsor’s Privacy Notice found at https://clearbanc.com/privacy. You and your Eligible Representative agree that the Sponsor or its designee may contact you by telephone, e-mail, regular mail or Instagram Direct Message.
- Winners’ List. After we confirm and declare the winner, we will post the winner’s name at www.Instagram.com/clearbanc and https://www.linkedin.com/company/clearbanc until April 30, 2021.
- Sponsor. The Sponsor of the Sweepstakes is Clear Finance Technology Corp., 33 Yonge Street, Suite 1200, Toronto, ON M5E 1G4.