Skills Fund Fall 2020 Alumni Survey Giveaway - Official Rules

THESE OFFICIAL RULES ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND LICENSE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES. PARTICIPATION IN THE SURVEY NOT NECESSARY TO ENTER OR WIN THE SWEEPSTAKES AND DOES NOT INCREASE ODDS OF WINNING. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED.

1. Promotion and Sponsor. Participation in the Skills Fund Fall 2020 Alumni Survey Giveaway (the “Promotion”) constitutes Entrant’s (as defined below) full and unconditional agreement to these Official Rules. Entrant is free to disclaim any prize and status as Entrant, and as a result, will not be eligible to receive any prize. The Promotion is sponsored and administered by Skills Fund, LLC, 600 Congress Ave, 14th Floor, Austin, TX 78701 (“Sponsor”). All decisions related to, as well as all interpretation of, these Official Rules by Sponsor are final and binding. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Snapchat or any other site or medium that might host content where information about this Promotion is posted or published (collectively “Content Hosts”). Entrant is providing information only to Sponsor and not to Content Hosts. Amazon.com is not a sponsor of this Promotion. This Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.

2. Promotion Period. The Promotion begins at 9:00 AM CST on December 15, 2020 and ends January 12, 2021 at 1:59 PM CST (the “Promotion Period”). Only entries submitted and received during the Promotion Period will be accepted. Sponsor is the official timekeeper of this Promotion.

3. Eligibility. The Sweepstakes is open only to individuals that are: (1) legal residents of the fifty (50) United States or the District of Columbia who are at least the age of 18 at the time of entry; (2) borrowers of Sponsor who graduated between 1 year and no more than 3 years from the beginning of the Promotion Period; and (3) were not an Entrant in the Skills Fund Spring 2020 Alumni Survey Giveaway. Employees or agents of Sponsor or its parent or affiliate companies, as well as the immediate family members (e.g. spouse, parents, siblings and children) and household members of each such employee or agent, are not eligible. Legal entities are not eligible to enter. Entrant need not complete the survey in order to enter or win the Promotion. Participation in the Promotion in any way, including submission of any entry or the partial completion of any act of entry or any other step taken to participate in the Promotion in any manner, constitutes full and unconditional agreement with all provisions of these Official Rules.

4. How to Enter. Each eligible individual who participates in the survey or provides an email entry during the Promotion Period will become an “Entrant.” Each Entrant will receive one entry in the Promotion per Promotion Period. Limit one eligible entry per Entrant is permitted. PARTICIPATION IN THE SURVEY NOT NECESSARY TO ENTER OR WIN THE SWEEPSTAKES AND DOES NOT INCREASE ODDS OF WINNING.

5. Further Conditions of Entry. By entering or participating in this Promotion, Entrant agrees to be bound by these Official Rules and the decisions of Sponsor and its authorized representatives, which are final and binding in all matters concerning this Promotion. Entries not legitimately submitted in accordance with these Official Rules are void. Only qualified entries received by Sponsor during the Promotion Period are eligible for participation. All entries become the property of Sponsor and will not be acknowledged or returned.

Entrants may be required to provide the following information to be eligible for a Promotion prize: first name, last name, confirmation of age and residency, email address, and phone number (including area code) (collectively or individually, “Personal Information”). All requested Personal Information must be provided to participate in the Promotion and to be eligible to win a prize.

Unintelligible entries; entries with incomplete, invalid, incorrect or non-current information; entries that are counterfeit, damaged or tampered with in any way; and entries with printing, production or typographical errors will be disqualified. Entries that are late, lost, damaged, misdirected, stolen or not delivered are not the responsibility of Sponsor and will be disqualified. Sponsor is not responsible if a potential winner does not receive his or her prize because erroneous, expired, canceled, fraudulent, or fake information was provided during the Promotion. Proof of sent entry and/or entry receipt (such as a copy of a “thank you” screen or message) does not constitute proof of actual receipt of entry by Sponsor for purposes of this Promotion.

Participation must be by Entrants who are eligible individuals. Participation by any other individual or entity, or originating at any other website, email address, or phone number, including, but not limited to, commercial promotion, subscription notification, automated entry, and promotion entering service sites, is invalid and will be disqualified from this Promotion. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple email addresses, phone numbers, identities, registrations, or logins; entries through a sweepstakes club or similar entity; or any other unauthorized method of entry will void all of Entrant’s entries and Entrant will be disqualified from the entire Promotion. Submitting mass entries or entries generated by an automated program, script, or macro, or the use of any other similar device, program, or method to enter this Promotion is prohibited and will result in disqualification.

In the event of a dispute as to the identity of Entrant, the authorized account holder of the email address submitted with the entry will be deemed to be Entrant. A potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” of an email address is the natural person assigned to that email address by any organization (business, educational institution, etc.) responsible for assigning accounts to that email address. If the identity of the individual who actually participated in the Promotion cannot be resolved to Sponsor’s satisfaction, the affected individual’s entry will be deemed ineligible.

Sponsor may, in its sole discretion, disqualify any Entrant or individual it finds to be in violation of these Official Rules, tampering with the entry process or the operation of the Sweepstakes (including, but not limited to, tampering with websites, email addresses, or phone numbers), or acting in a non-sportsmanlike or disruptive manner. Any attempt to undermine the operation of the Promotion may be a violation of criminal or civil law, and Sponsor may seek damages to the fullest extent permitted by law from any person it finds to have made such an attempt.

6. Prize. There is one (1) $400 Amazon Gift Card available to be won per Promotion Period. Approximate retail value (ARV) of the prize per Promotion Period is $400. All prizes must be accepted as awarded without substitution and are not, in whole or in part, assignable, transferable, or available for resale. Sponsor is in no way responsible for any cancellations or delays, or any other act, omission, or result thereof, caused by any third party. Federal, state, and local taxes and all other costs and expenses associated with acceptance and use of the prize are the winner’s sole responsibility. Prize specific terms and conditions may apply. If the potential winner elects not to partake in any portion of the prize, such potential winner will be disqualified and will forfeit the prize, and the prize will be awarded to a different winner selected in the same manner.Any prize details not specified above will be determined by Sponsor in its sole discretion.

If any potential winner is disqualified, not eligible, or for any other reason cannot accept the prize as stated, then Sponsor will randomly select a new potential winner from the remaining pool of eligible Entrants. Where legal, the winner may be required to submit, without alteration and in the form provided by Sponsor, a completed and signed Affidavit of Eligibility and Liability & Publicity Release (the “Release”), along with a properly completed U.S. Department of the Treasury Internal Revenue Service Form W-9, within three (3) business days of notification to be eligible to receive the prize.

Only one (1) prize as set forth in these Official Rules will be awarded. In the event that any mistake, failure, or discrepancy causes more than one (1) prize as set forth in these Official Rules to be promoted, noticed, or claimed, Sponsor may award one (1) prize by conducting a random drawing from among all legitimate, unawarded, eligible prize claims.

Odds of winning the prize depend on the number of eligible entries received per Promotion Period.

7. Winner Determination and Verification. One (1) potential winner will be randomly drawn promptly after close of the Promotion Period from the pool of all eligible entries received during the PromotionPeriod. The process leading to the random selection of a potential prize winner is within the sole discretion of Sponsor.

Potential winner is subject to eligibility verification by Sponsor, whose decisions are final and binding. An Entrant is not a winner of any prize, even if notified of being a winner and/or issued any item of value, unless and until Entrant’s eligibility has been, and continues to be verified to the satisfaction of Sponsor.

To be verified as eligible to receive a prize, each potential winner must fulfill all requirements and continue to comply with all terms and conditions of these Official Rules, and not be disqualified for any reason. The potential winner will be notified by email (subject to Sponsor’s discretion).

If a potential winner of any prize cannot be contacted using the information provided or fails to respond to Sponsor’s attempt to notify them of selection within three (3) business days; if any prize or notification is returned as undeliverable or yields an error or undeliverable type “bounce back” email (regardless if the message is ultimately delivered to the recipient); if the potential winner fails to sign and return the Release, Form W-9 or any other required documentation or fails to comply with these Official Rules; if a potential winner is unable or unwilling to accept the prize as stated; or if the potential winner cannot be verified as eligible for any reason at any time before, during, or after the Promotion Period, the potential winner is disqualified and forfeits the prize and an alternate potential winner will be randomly selected from among the remaining eligible entries. In the event that an Entrant is disqualified for any reason, the foregoing process will be repeated until the prize is awarded or until three (3) attempts have been made to award the prize and each attempt has failed. The winner may be published by Sponsor on a Content Host site.

8. Prize Fulfillment: The prize will be delivered as a digital gift card to the winner by email at the winner’s email address as provided in the survey. Sponsor will not be responsible for any delays by a potential winner.

9. Limitations of Liability. Sponsor makes no warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize or donation. This includes, without limitation, any warranty, representation, or guarantee related to any prize’s or donation’s quality or fitness for a particular purpose. By entering or participating in this Promotion or the prize in any way, each Entrant agrees to indemnify, defend, and hold harmless, and thereby does release and discharge Sponsor, Content Hosts, and each of their respective subsidiaries, affiliates, vendors, advertising or promotional agencies and distributors, and each of their respective parent companies and each such company’s officers, directors, employees and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such individual (collectively, the “Released Parties”) from and against any loss, damage, injury, claim, or cause of action related in any way whatsoever to this Promotion, these Official Rules, or the rights, consents and licenses granted to Sponsor under these Official Rules, including, but not limited to, infringement of any right of privacy, publicity or intellectual property; threatened or actual injury, loss or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); invasion of privacy; and damage to or loss of property, arising out of such Entrant’s participation in the Promotion or receipt or use, non-use or misuse of any prize. In no event will Released Parties be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of this Promotion. (Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. Check local laws for restrictions regarding these limitations or exclusions.)

Entrants waive any right to claim ambiguity in these Official Rules. The Released Parties are not responsible for: (1) technical failures of any kind; (2) incorrect or inaccurate information, whether caused by Entrants, any internet or email service provider, any promotional or advertising agency, printing or computing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error that may occur in the administration of the Promotion, the processing of entries or the announcement of the winner and prize; (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, by Entrant’s participation in the Promotion; (6) the receipt, use or misuse of any prize or donation; or (7) any other errors in any materials, information or announcements associated with the Sweepstakes. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted by Sponsor, Entrant’s sole remedy is another entry in the Promotion, subject to availability and provided that the Promotion has not then expired.

EACH ENTRANT WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES), WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” EACH ENTRANT REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES).

10. LICENSE FROM ENTRANT. To the extent allowed by law, participation in the Promotion in any way and/or acceptance of, or participation in, any prize constitutes each Entrant’s irrevocable consent for, and grant of a non-exclusive, sub-licensable and assignable license to Sponsor to use, publish, post, or display Entrant’s name, likeness, photograph, voice, opinions, statements, prize information, biographical information, and/or hometown and state, province, or territory, regardless of whether altered, modified, distorted, edited, or used alone or with other material, in Sponsor’s sole discretion, for promotional, advertising, trade, and publicity purposes in any medium now known or later discovered, worldwide and in perpetuity, without review or approval by Entrant, and without further notice, payment, or consideration of any kind to Entrant. All rights, consents and licenses granted to Sponsor under these Official Rules will survive the termination of this Promotion. Entrant’s consent and license may only be revoked in writing, and the mere ending of this Promotion or Promotion Period is not sufficient to revoke such consent or license.

11. Right to Modify or Cancel. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event any provision is found invalid or unenforceable, these Official Rules will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. Sponsor’s failure to enforce any term of these Official Rules does not constitute a waiver of that provision.

Sponsor may cancel, suspend and/or modify the Promotion or any part of it, in any way, if Sponsor determines in its sole discretion that the Promotion is not capable of executing as Sponsor intended, or some factor, technical or otherwise, beyond Sponsor’s reasonable control, impairs or may impair Sponsor’s ability to properly conduct the Promotion, subject to any applicable law or regulation. In such event, Sponsor may, but is not obligated to, award any applicable prize(s) by conducting a random drawing from among the eligible entries received up to the time of the cancellation, suspension, or modification of the Promotion. Inclusion in such random drawing is Entrant’s and exclusive remedy under such circumstances. In the event of an inconsistency between these Official Rules and any disclosure or other statement contained in any Promotion-related materials, including, but not limited to, a Sweepstakes entry form or any point-of-sale, radio, television, print, or online advertising, these Official Rules will prevail and govern.

12. Disputes. Except where prohibited by law, Entrant agrees that: (1) all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded will be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in San Diego County, California; and (2) all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights or obligations of Entrant or Sponsor in connection with the Promotion, are 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, no matter what jurisdiction, that would cause the application of the laws of any jurisdiction other than as stated.

13. Privacy. By entering this Sweepstakes, Entrant agrees to Sponsor’s manner of collection, use, retention, and disclosure of Entrant’s Personal Information submitted in connection with the Promotion. Personal Information collected from Entrant is subject to Sponsor’s privacy notice, which can be found at skills.fund/privacy-notice.

14. Official Rules. For a printed copy of the Official Rules, send a stamped, self-addressed envelope (VT residents need not affix return postage) to: Skills Fund Student Loans Sweepstakes Rules, 600 Congress Ave, 14th Floor, Austin, TX 78701 Attn: Sweepstakes Team, within six (6) months following the prize drawing.