Be a part of the Magic - Exclusive Night with Cole Anthony

OFFICIAL RULES

NO ENROLLMENT, PURCHASE, PAYMENT OR BANKING RELATIONSHIP OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  ENROLLMENT, PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

SWEEPSTAKES DATES:  The “Be part of the Magic- Exclusive Night with Cole Anthony” (the “Sweepstakes”) begins at 12:00 a.m. Eastern Time (“ET”) on April 5, 2023 and ends at 11:59 p.m. ET on May 31, 2023 (the “Sweepstakes Period”).

ELIGIBILITY: The Sweepstakes is open only to persons who are a legal resident residing in the forty-eight (48) contiguous United States or District of Columbia and are eighteen (18) years of age or older at time of entry (the “Entrant”).  Officers, directors, managers and employees (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Merrick Bank (the “Sponsor”) and each of its respective parents’ subsidiaries, affiliates and related companies, licensees, distributors, retailers, dealers, printers, advertising and promotion agencies, consultants and agents, and any others engaged in the development, production, execution or distribution of this Sweepstakes, including the National Sweepstakes Company, LLC (the “Independent Administrator”) (herein all are defined as “Sweepstakes Entities”), are not eligible to participate or win a prize. Sweepstakes is subject to all federal, state and local laws and regulations. Sweepstakes is void outside the forty-eight (48) contiguous United States and wherever else restricted or prohibited by law.

HOW TO ENTER: There are two (2) ways to enter the Sweepstakes: 

1. Application for Orlando Magic Credit Card Entry: To receive an entry into the Sweepstakes via applying for an Orlando Magic Credit Card, Entrants may apply one of two ways: i) Online and ii) Text.
   1. Online: Visit www.magiccreditcard.com (the “Website”) to apply for the Orlando Magic Credit Card by completing the application form in its entirety to receive one (1) entry into the Sweepstakes.
   2. Text: Entrants must have a mobile phone with text messaging capabilities to enter via text. To enter via text message, Entrant must text “WIN” to short code 22424 to receive a return text message with the Website to the application form. Entrant must apply for the Orlando Magic Credit Card by completing the application form in its entirety to receive one (1) entry into the Sweepstakes.

   Customers that already have an Orlando Magic Credit Card prior to April 5, 2023 will automatically receive one (1) entry into the Sweepstakes.

   Standard messaging and data rates apply. Entrants entering the Sweepstakes via text message may be charged standard text and/or data rates for each message sent or received from his/her handset according to the terms and conditions of the service agreement with his/her wireless carrier.  Each message sent or received by a service subscriber of a wireless carrier may incur a standard messaging charge, in accordance with that wireless carrier’s terms and conditions applicable to such customer’s particular rate plan.  Each wireless carrier’s rate plan may vary, and Entrants should contact their wireless carrier for information on messaging rate plans and charges relating to the participation and entry in the Sweepstakes.  Entrants are solely responsible for any such wireless charges.  Text capabilities may be limited and may not be available through all wireless carriers.  For text messaging, a service contract with a wireless Internet or airtime provider may be required.  Entrant must check with his/her service provider or refer to their service contract for complete details, availability and coverage, along with a description of the applicable charges. Not all wireless carriers participate.

   The Sweepstakes Entities are not responsible for any entry that is lost, late, misdirected or  undeliverable, whether due to system errors, omissions, interruptions, deletions, defects, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise. Late entries or entries sent via any other method than those stated above will not be accepted.

   Entrants must complete the application form by May 31, 2023 to receive one (1) entry in this Sweepstakes. Approval of the application form does not determine entry into the Sweepstakes.

2. Mail-in Entry: To enter the Sweepstakes without being a Merrick Bank Orlando Magic Credit Card customer and/or without applying for an Orlando Magic Credit Card, Entrant may enter by mail as follows: On a plain 3” x 5” card, legibly handprint or type your first name, last name, complete address, city, state, zip code, home phone number (including area code) and email address (if any) and mail your completed 3” x 5” card to: “Be part of the Magic-Exclusive Night with Cole Anthony” PO Box 428, Newark, NY 14513. Each envelope shall equal one (1) entry. Entries must be postmarked by May 31, 2023 and received by June 8, 2023 to be eligible for the drawing. Multiple entries submitted by a single Entrant or in the same envelope are void. Entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions will be accepted. Sponsor will not verify receipt of entries for Entrants. All entries submitted become the sole property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, misdirected, illegible, damaged or postage due mail-in entries.

Regardless of the method used to enter the Sweepstakes, the maximum number of entries allowed during the Sweepstakes Period is one (1) per Entrant.  Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, telephone numbers, identities, and/or any other methods, will void that Entrant’s entries and that Entrant may be disqualified from the Sweepstakes.  In the event of uncertainty as to the identity of an Entrant, the Entrant will be deemed to be the first named person on the application form.

 WINNING/NOTIFICATION:  On or about June 13, 2023, a total of ten (10) grand prize winners (each a “Grand Prize Winner”), and two (2) first prize winners (each a “First Prize Winner”) will be selected in a random drawing conducted under the supervision of the Independent Administrator, an independent judging organization, whose decisions are based on their sole discretion and interpretation of these Official Rules, and are final and binding in all respects. Odds of winning depend upon the total number of entries received during the Sweepstakes Period.

PRIZES:

Grand Prizes: Each Grand Prize Winner will have the opportunity for an exclusive event with Cole Anthony for Grand Prize Winner and one (1) guest (“Grand Prize”) to include: i) 60-minute in person event in Orlando, FL to include a meet and greet with Cole Anthony and a Q&A along with refreshments and small bites. There will be a total of ten (10) Grand Prizes to be awarded. Total Approximate Retail Value (“ARV”) of each Grand Prize is $550. Total ARV of all Grand Prizes is $5,500.

Grand Prize Winner must be available to attend the event on a date and time specified by the Sponsor by the end of 2023 or Grand Prize Winner will be disqualified and an alternate Grand Prize Winner will be selected, time permitting, even if the disqualified Grand Prize Winner’s name may have been publicly announced. Travel expenses are not included in the Grand Prize. Grand Prize Winner is solely responsible for all federal, state and local taxes and all other expenses not specifically mentioned herein, including transportation, parking, accommodations, meals and beverages, incidental expenses and gratuities.  No responsibility is assumed by the Sponsors for any cancellation or rescheduling of any Grand Prize related event in whole or in part.  In the event of cancellation or rescheduling no alternate or substitute Grand Prize for such cancellation or rescheduling will be awarded. Grand Prize Winner may select one (1) guest.  Event may be subject to change due to impracticability or unavailability, or for any other reason as determined necessary by Sponsor or its designee, and are subject to any and all applicable health and safety protocols (which may be dictated by provider/location policies and/or state and/or local government requirements – all of which are subject to change at any time, including as the result of the COVID-19 pandemic). Grand Prize Winner and guest must adhere to the requirements of the location of the event for any vaccinations/testing in order to attend the event.  Guest must execute liability/publicity releases (except where prohibited) prior to attending the event.  Guest must be 18 years of age or older. Grand Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. Any taxes imposed on the income of the Grand Prize Winner as a result of winning the Grand Prize and all other expenses not specifically mentioned herein as part of the Grand Prize are solely the responsibility of the Grand Prize Winner.

First Prizes:  Each First Prize Winner will receive a Cole Anthony jersey (“First Prize”). There will be a total of two (2) First Prizes to be awarded. Total ARV of all First Prizes is $400.

The total ARV of all prizes to be awarded is $5,900.

PRIZE RESTRICTIONS: Limit of one (1) Prize per Entrant for the entire Sweepstakes. Sponsor will determine all details of a prize in their sole discretion. No prize substitution, except at Sponsor’s sole discretion or as otherwise provided herein.  Sponsor reserves the right to substitute a prize of equal or greater value if a prize becomes unavailable due to reasons beyond the control of the Sponsor; provided no such substitute prize shall be from Sponsor without its prior written consent.  Prizes are not transferable prior to award.  No more than the number of prizes set forth in these Official Rules will be awarded.  Prize winner consents to Sponsor’s use of his/her name, likeness, biographical information, image, and/or voice and other indicia of persona for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval (TN residents will not be required to sign a publicity release as a condition of winning a prize). 

NOTIFICATION: Subject to verification of eligibility and compliance with these Official Rules, prize winners will be notified by the Sponsor Representative by email or telephone (“Notification”).  Independent Administrator will make two (2) attempts to reach a potential prize winner.  In the event the prize winner cannot be reached after two (2) Notification attempts are made, or if it is determined by the Independent Administrator or Sponsor, in their sole discretion, that a potential prize winner is not eligible in accordance with these Official Rules, the potential prize winner will be disqualified and an alternate prize winner will be randomly selected from the remaining non-winning eligible entries, time permitting. 

SWEEPSTAKES GENERAL CONDITIONS: This Sweepstakes is subject to all applicable federal, state and local laws. By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Sweepstakes Entities are not responsible for lost, late, misdirected, undeliverable, illegible, or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.  Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Sweepstakes Entities. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor or  the Independent Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and randomly draw from those entries received up to the cancellation/suspension date.  CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Disputes:  Entrant agrees that:  (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than the administration of the Sweepstakes or the determination of prize winners shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Utah or the appropriate Utah State Court; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Utah, without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah. 

LIMITATIONS OF LIABILITY:  The Released Parties are not responsible for: (a); unauthorized human intervention in any part of the entry process or the Promotion; (b) electronic or human error which may occur in the administration of the Promotion or the processing of plays/entries; (c)  any property loss, damage, personal injury or death, in connection with the Grand Prize provided pursuant to this Promotion and/or any person’s participation in the Promotion; (d) any printing or typographical errors in any Promotion-related materials; (e) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable entries or the unavailability or inaccessibility of any transmissions, telephone, wireless device carrier networks or Internet Service (as applicable); (f) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software (including Entrant’s particular wireless device carrier network), hardware or software; (g) Entrant’s inability to connect to his/her particular mobile device carrier network for any reason, including due to poor carrier reception and/or signal strength at any particular location; and (h) any text messaging fees Entrant may be charged by a wireless carrier for sending and/or receiving text messages over its network.  Entrants should consult their wireless carrier for the applicable rates and fees charged for such text messaging/data plan wireless services.  Proof of messaging is not considered proof of delivery to or receipt by Sponsor of such entry. All federal, state and local regulations apply. 

NO LIABILITY: By entering, Entrants and prize winners agree to comply with all Official Rules, as stated and agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims made by prize winners, Entrants, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes.

ENTRANTS PERSONAL INFORMATION: Information collected from Entrants is subject to Sponsor’s privacy policy, located at https://www.merrickbank.com/privacy-notices/.

WINNER’S LIST/RULES REQUEST: For a list of prize winners, please submit a self-addressed, stamped envelope by July 13, 2023 to “Be part of the Magic- Exclusive Night with Cole Anthony” Winners List Request, PO Box 458, Newark, NY 14513.   A copy of these Official Rules may also be obtained at www.merrickbank.com/coleanthony during the Sweepstakes.

SPONSOR: Merrick Bank, 10705 S. Jordan Gateway, Ste 200, South Jordan, UT 84095.

This Sweepstakes shall not be published without the written permission of the Sponsor.