“goPaperless & Go” Sweepstakes
NO ENROLLMENT, PURCHASE, PAYMENT OR BANKING RELATIONSHIP OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. ENROLLMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
DATES OF SWEEPSTAKES: The “goPaperless & Go” Sweepstakes (the “Sweepstakes”) begins at 12:00 A.M. Eastern Time (“ET”) on April 24, 2019 and ends at 11:59 P.M. ET on June 6, 2019 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open only to persons who are a legal resident residing in the fifty (50) United States or District of Columbia and are eighteen (18) years of age or older or a business entity at time of entry (the “Entrant”). Business entities are eligible to participate. In the event that a prize winner is a business entity, the prize will be awarded to the business entity or the owner of the business. 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 “Sweepstakes 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 fifty (50) United States and wherever else restricted or prohibited by law.
HOW TO ENTER: There are two (2) ways to enter:
1. Enrollment Entry: To receive an entry into the Sweepstakes via the enrollment entry, Entrants must enroll in Sponsor’s Online Paperless Statements during the Sweepstakes Period. Entrants who enroll for Online Paperless Statements at www.merrickbank.com/paperless (the “Website”) or via telephone by calling 1-800-204-5936 will receive one (1) entry into the Sweepstakes. To enroll, visit the Website or call during the Sweepstakes Period and enroll for Paperless Statements. Those Entrants that have enrolled for Online Paperless Statements prior to April 24, 2019 will automatically receive one (1) entry in this Sweepstakes and will be eligible for the Sweepstakes.
2. Alternate Means of Entry (“AMOE”): To enter without enrolling for Sponsor’s Online Paperless Statements, send an email to firstname.lastname@example.org, including the following in the body of the email: your first name, last name, address, city, state, zip, daytime telephone number, date of birth and email address. Be sure to include the following in the subject line of the email “goPaperless & Go”. In order to qualify as an entry, the eligible email must be received by 11:59 PM ET on June 6, 2019.
Regardless of the method used to enter the Sweepstakes, either via Enrollment or AMOE the maximum number of entries allowed during the Sweepstakes 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 entering via the Enrollment Entry method, the Entrant will be deemed to be the first named person of the Merrick Bank account associated with the Online Paperless Statements service.
WINNING: On or about June 10, 2019, one (1) grand prize winner (“Grand Prize Winner”) and seventy five (75) first prize winners (each a “First Prize Winner”) will be selected in a random drawing conducted under the supervision of the Independent Administrator, 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.
Grand Prize: One (1) grand prize of a 2019 Vespa Primavera 150 (the “Grand Prize”), having an approximate retail value (“ARV”) not exceeding $7,500 (inclusive of tax, title, license and registration) will be awarded to the Grand Prize Winner. Vehicle, color, options and accessories are to be determined at the sole discretion of the Sponsor. Grand Prize Winner must have and provide a valid U.S. Driver’s License and provide proof of Insurance Coverage (Comprehensive or Liability) at time of delivery. Grand Prize winner will be solely responsible for any applicable tax, registration, license, title and insurance fees, and any other expenses not listed herein related to the acceptance and use of the Grand Prize that exceeds $7,500. Sponsor does not make, nor is Sponsor in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Grand Prize, including but not limited to its quality, fitness for purpose or mechanical condition; the only representation/warranty/guarantee that may be provided relative to the Grand Prize, if any, are those of the manufacturer and/or dealer. Grand Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations including, but not limited to licensing and insurance requirements. The value of the Grand Prize is taxable as income. Any difference between stated ARV and actual value will not be awarded. Total ARV of the Grand Prize cannot exceed $7,500. Grand Prize winner will be solely responsible for any additional value exceeding these limits.
Grand Prize winner may opt in writing for a $5,600 cash alternative (the “Cash Prize Package”) in lieu of the Grand Prize.
Names of prize manufacturers are used solely for the purpose of identification of the prize. No endorsement, authorization, sponsorship, or approval by Piaggio Group Americas, Inc. for this Sweepstakes is intended or implied.
Total approximate retail value (“ARV”) of the Grand Prize is $7,500.
First Prizes: Seventy five (75) first prizes of a $500 statement credit will be awarded to the First Prize Winner’s Merrick Bank account (the “First Prize”). The ARV of each First Prize is $500. If the First Prize Winner does not have a Merrick Bank Account, the Prize of $500 will be awarded to the First Prize Winner in the form of a check.
If a prize winner is a business entity, the prize will be awarded to the business entity. If the Grand Prize Winner (who has selected the Cash Prize Package) or First Prize Winner has a Merrick Bank Account that is past due but not charged off (“charged off” means the account has been classified as uncollectible by the Sponsor’s policy, under applicable banking regulations), the Grand Prize (if the Grand Prize Winner selected the Cash Prize Package) or First Prize will be used to bring the Merrick Bank Account current and any remaining amount will be awarded in the form of a check (Grand Prize Winner) or a statement credit (First Prize Winner). If a prize winner has a Merrick Bank Account that is charged off, (“charged off” means the account has been classified as uncollectible by the Sponsor’s policy under applicable banking regulations), the respective prize winner will be disqualified. An alternate prize winner will be selected if the prize winner is disqualified.
Total ARV of all prizes to be awarded is $45,000.
PRIZE RESTRICTIONS: Limit of one (1) prize per Entrant. 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. Each 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).
FIRST PRIZE CLAIMS: First Prize Winners will receive their prize via statement credit (if the First Prize Winner has a Merrick Bank account) or via check (if the First Prize Winner does not have a Merrick Bank account) within 4 to 6 weeks following the drawing. If the First Prize is returned as undeliverable, or if a First Prize Winner is found to be ineligible, or if he/she does not comply with the Official Rules, the First Prize Winner will be disqualified and the prize will be forfeited and an alternate First Prize Winner will be selected from the remaining winning and non-winning eligible entries received during the Sweepstakes Period.
GRAND PRIZE CLAIM: Potential Grand Prize Winner will be notified via email on or about June 12, 2019(the “Notification”). Except where prohibited, potential Grand Prize Winner will be required to sign and return to the Independent Administrator, within the date and/or time indicated in the Notification an Affidavit of Eligibility and Release of Liability and Public Release Form and an IRS W-9 form (collectively the “Paperwork”) in order to claim the Grand Prize. If the potential Grand Prize Winner fails to return the Paperwork within that time frame, is found to be ineligible, does not comply with these Official Rules, or if the Notification is returned as undeliverable, then the potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner will be selected from among the remaining non-winning eligible entries received, time permitting. All federal, state, and local or other tax liabilities (including income taxes) arising from the acceptance of the Grand Prize will be the sole responsibility of the Grand Prize Winner. The value associated with the Grand Prize may be taxable as income and the Grand Prize Winner is solely responsible for any taxes, including, but not limited to all applicable federal, state, and local taxes that become due with respect to the value of the Grand Prize. The Sponsor must report the value of the Grand Prize to the Internal Revenue Service in the year the Grand Prize is received by the Grand Prize Winner and will be reported to the Grand Prize Winner and the Internal Revenue Service in the form of a 1099 form. If the Grand Prize Winner selected the Cash Prize Package the Cash Prize Package will be awarded as outlined in the “FIRST PRIZE CLAIMS” section above.
SWEEPSTAKES 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 Sweepstakes 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.
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.
WINNER’S LIST REQUEST: For a list of major prize winners, please submit a self-addressed, stamped envelope by July 10, 2019 to “goPaperless & Go” Winners List Request, PO Box 10505, Rochester, NY 14610. A copy of these Official Rules may also be obtained at the Website during the Sweepstakes.
SPONSOR: Merrick Bank, PO Box 5000, Draper, UT 84020.
This Sweepstakes shall not be published without the written permission of the Sponsor.