Document effective July 26, 2019
NO PURCHASE OR TRANSACTION IS NECESSARY TO ENTER OR WIN. A PURCHASE OR TRANSACTION WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL ENTRIES HAVE AN EQUAL CHANCE OF WINNING.
ELIGIBILITY: [Tesla Sweepstakes] (the “Sweepstakes”) is open to legal residents of Florida, who are 18 years of age or older as of [August 5, 2019] (each an “Eligible Participant”). Employees and agents of First Home Bank (the “Sponsor”) or of the Sponsor’s parents, affiliates, subsidiaries, divisions, successors, trustees, correspondent financial institutions, advertising agencies, and each of their respective agents, distributors, wholesalers and retailers, representatives, officers, directors, shareholders, and employees (collectively, the “Releasees”), and each of their immediate family members (spouse, parents, children, siblings, and their respective spouses, regardless of where they live) and individuals living in the same households of any of these individuals, whether related or not, are not eligible to enter or win. Sweepstakes is subject to all applicable federal, state and local laws. U.S. and Florida law governs this Sweepstakes. By entering, you understand that you are providing your information to the Sponsor. The information you provide will only be used for administration of the Sweepstakes.
SWEEPSTAKES TIMING/DESCRIPTION: The Sweepstakes begins at 9:00:00 AM Eastern Time (“ET”) on [August 5, 2019] and ends at 5:00:00 PM ET on [September 30, 2019] (“Promotion Period”). One (1) Grand Prize (as defined below) will be awarded in a random drawing (“Grand Prize Random Drawing”) from among all eligible entries received and combined during the Promotion Period.
HOW TO ENTER: There are three (3) ways to enter the Sweepstakes during the Promotion Period: 1) Open and fund an account with the Sponsor; (2) Complete entry forms at a branch office of Sponsor; or (3) be an existing depositor of the Sponsor’s.
Open an Account: Opening and funding an account with the Sponsor or obtaining other Sponsor products will count as entries in the Sweepstakes. Entries must be received by 5:00:00 PM ET on [September 30, 2019] in order to be eligible for the Grand Prize Random Drawing.
|You will receive this many entries in the Sweepstakes:|
|For opening and funding a checking account||30 entries|
|For opening and funding a savings account||20 entries|
|For opening and funding a certificate of deposit||10 entries|
There is a limit of sixty (60) entries per individual for the sweepstakes period. Subsequent entries submitted by the same person will be void. Entries must be received by 5:00:00 PM ET on September 30, 2019 in order to be eligible. Existing customers that meet the eligibility requirement as outlined in Section 2 will receive sixty (60) automatic entries.
Entry Forms: To enter without opening or funding an account or obtaining a product, you may visit one of our branch offices and complete up to sixty (60) entry forms by hand. Each in-person entry will count as one (1) entry into the Sweepstakes. In-person entries must be received by 5:00:00 PM ET on [September 30, 2019] in order to be eligible for the Grand Prize Random Drawing.
Entry Limits: There is a limit of sixty (60) entries per Eligible Participant. Subsequent entries submitted by the same Eligible Participant will be void. Entries that are mechanically reproduced, copied, illegible, incomplete, late, or inaccurate are void. Entries become the property of the Sponsor and will not be acknowledged or returned. Incomplete entries or entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion. Sponsor’s decisions are final on all matters relating to this Sweepstakes.
DETERMINATION OF WINNERS: Five (5) Sweepstakes Finalists will be selected to participate in the final Grand Prize Random Drawing from among all eligible entries received throughout the Promotion Period on or about [October 08, 2019]. One (1) Grand Prize winner will be selected in the Grand Prize Random Drawing from five (5) eligible sweepstakes finalists on or about [October 19, 2019]. The Grand Prize Random Drawing will be conducted by the Sponsor, whose decisions are final on matters relating to this Sweepstakes. A potential Grand Prize winner will be notified on or about [October 8, 2019]. Such potential winner will be notified by telephone or email and be asked to confirm mailing address within forty-eight (48) hours of the initial notification. A failure to respond by the potential winner within this time frame, or other non-compliance with the Official Rules, will result in the entrant being disqualified, and the Grand Prize will be awarded to an alternate winner. Once a winner has accepted, we will announce the winner over social media.
ODDS: The odds of winning the Grand Prize depend upon the total number of eligible entries received during the Promotion Period.
PRIZE: One (1) Grand Prize will be awarded. The Grand Prize is a 2018 Tesla [Model 3], with an approximate retail value of $60,000.
No substitutions, cash equivalents, or transfer of the Grand Prize will be permitted. All taxes and any and all other costs and expenses associated with Grand Prize acceptance and use not specifically stated within these Official Rules as being provided, are the sole responsibility of the winner, including, without limitation, all federal, state, and local taxes.
The winner is solely responsible for reporting and paying any and all applicable taxes. The winner must provide the Sponsor with valid identification and a signed IRS Form W-9 before the Grand Prize will be awarded. The Grand Prize winner will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS.
LIMITATION OF LIABILITY: By entering the Sweepstakes and accepting a prize, Eligible Participants and the winner agree to: (a) these Official Rules including all eligibility requirements and the decisions of the Sponsor shall be final, non-appealable, and binding in all respects; and (b) release, discharge, and hold harmless Releasees from any liability, claims, actions, injury, loss, or damage of any kind, including but not limited to, personal injury or death, arising, in whole or in part, directly or indirectly, out of their participation in the Sweepstakes or the acceptance possession, or use or misuse of the Grand Prize. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss of damage to property; and claims of third parties. Eligible Participants and the winner agree that Releasees have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Sweepstakes. By accepting a prize, the Grand Prize winner agrees to, where legal, Sponsor and its designees’ use of his/her name, city and state of residence, image, voice, biographical material, the fact that he/she is a customer of Sponsor, and/or likeness for advertising, publicity and promotional purposes in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, permission or notification and, upon request, will provide consent to such use in writing. As a condition of entering the Sweepstakes, Eligible Participant agrees that: (a) under no circumstances will Eligible Participant be permitted to obtain awards for, and Eligible Participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Sweepstakes, or the Grand Prize, if awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event shall a Eligible Participant be entitled to receive attorneys’ fees or other legal costs. Sponsor reserves the right to modify Grand Prize award procedures at its discretion.
GENERAL: Sponsor will collect information from the Eligible Participants and the Grand Prize winner solely for the purpose of the prize drawing and to notify the winner. Sponsor will not share this information with any third party, except as necessary for the administration of the Sweepstakes or winner notification as applicable, nor attempt to contact Eligible Participant, unless entrant has agreed to receive further information on Sponsor’s products and promotions, or for winner notification (if applicable). Releasees are not responsible for lost, late, illegible, misdirected, inaccurate, incomplete, undelivered, damaged, delayed, or garbled entries or transactions; for transactions that are lost, misdirected, or fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly; or for any other errors or problems of any kind, whether typographical, printing, mechanical, human, electronic, or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, any error or problem that may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Grand Prize winner, or in any Sweepstakes-related materials. Sponsor reserves the right to conduct a background check of any and all records of a potential winner, including, without limitation, civil and criminal court records and police reports, and entry in the Sweepstakes constitutes entrant’s permission for Sponsor to conduct such background check, provided that, to the extent additional authorization is necessary under law, potential winner shall authorize such check. Sponsor reserves the right (at its sole discretion) to disqualify a potential winner based on the results of the background check or failure to properly authorize such check. Entry materials that have been tampered with or altered are void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, integrity or proper play, or submission of entries, or should the Sweepstakes be unable to run as planned for any other reason, Sponsor reserves the right at its sole discretion to terminate the Sweepstakes and, if terminated, at its discretion, select the potential Grand Prize in a random drawing from among all eligible, non-suspect entries received prior to action taken. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Sweepstakes at any time without notice, if in Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness, or integrity and proper play of the Sweepstakes. In the event of cancellation, Sponsor may void any entries it suspects are at issue and, at its discretion, if terminated, award the Grand Prize in a random drawing from among all non-suspect, eligible entries received up to the date of cancellation. Any attempt by an entrant or any other individual to undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and, should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law, including criminal prosecution. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Eligible Participants who violate these Official Rules or interfere with this Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant’s eligibility to participate in the Sweepstakes.
DISPUTES: Except where prohibited, all issues or questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of an Eligible Participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida. By entering, Eligible Participants consent to the jurisdiction and venue of the federal, state and local courts located in Pinellas County, Florida.
WAIVER OF JURY TRIAL. ELIGIBLE PARTICIPANT AND SPONSOR EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE OFFICIAL RULES OR THE SWEEPSTAKES.
WINNER’S IDENTIFICATION: For the name of the Grand Prize winner, mail a self-addressed, stamped envelope by 11:59:59 PM ET on [October 19, 2019]: [700 Central Avenue, Suite 100, St. Petersburg, FL 33701] ATTN: Tesla Sweepstakes.
SPONSOR: The Sponsor of this Sweepstakes is First Home Bank, 700 Central Avenue, St. Petersburg, Florida 33701.