TERMS AND CONDITIONS
The SoFi $25,000 Home Renovation Contest (the “Contest”) begins at 12:00:01 AM Eastern Time (“ET”) on October 19, 2020 and ends at 11:59:59 PM ET on November 15, 2020 (the “Contest Entry Period”). Contest consists of two (2) rounds of judging. Refer to the Judging & Ties section in the Terms and Conditions (“T&Cs”) for specifics on how a winner is determined.
1. ELIGIBILITY: Contest is open to SoFi members who at time of entry:
Collectively, points a, b and c (above) are hereafter referred to as a “Contestant”). Void in Ohio and where prohibited by law. Employees of Social Finance, Inc. (the “Sponsor” or “SoFi”), Ventura Associates International LLC (the “Administrator”) and their respective parent companies, subsidiaries, affiliates, advertising, public relations and promotion agencies or any company or individual involved with the development or execution of the Contest (collectively, the “Contest Entities”), and their immediate family members and/or those living in the same household of each, whether related or not, are not eligible to enter or win. Contest is governed by U.S. law and subject to all applicable federal, state and local laws and regulations.
2. HOW TO ENTER:
Limit: one (1) Entry per Contestant. If more than one (1) Entry is received from an individual, only the first eligible Entry received by Sponsor will be considered.
Entry must be original, in English and not copied from any other work and must not infringe upon the rights of any third party. Content that may NOT be contained in an Entry includes, but is not limited to, the following:
If an Entry includes any of the prohibited elements listed above, the Entry will be disqualified, along with the Contestant who submitted it. The above list is not intended to be exhaustive; the Sponsor may disqualify any Entry if it contains any content the Sponsor and/or the Administrator deems, in their sole discretion, to be offensive or obscene in any way or to not be in compliance with these T&Cs.
Use of automated processes and devices to submit electronic Entries are not permitted. Contest Entities are not responsible for any changes or effects caused to Contestant’s computer system as a result of submitting an Entry. Only Entries submitted via the official website will be accepted. Sponsor is not responsible for lost, late, misdirected, incomplete, illegible or otherwise undeliverable Entries, or Entries that cannot be processed and/or judged due to phone, network, electronic or computer hardware or software failure, or technical failures of any kind. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest or Website or violates these T&Cs. Entries will not be received or held “in confidence” and a submission does not create a confidential relationship or obligation of secrecy between you and the Sponsor or any of its affiliates.
By submitting an Entry, Contestant acknowledges and agrees that Sponsor may receive many entries in this Contest and that such other Entries may be similar or identical in theme, idea, format or other respects to Contestant’s Entry and Contestant waives any and all claims Contestant may have had, may have, and/or may have in the future that any Entries accepted, reviewed and/or used by the Sponsor may be similar to or the same as his/her Entry.
Contestants retain ownership of the Entries they submit; however, by submitting an Entry, the Contestant, on behalf of himself/herself and any Third Party Participants grants to the Sponsor a perpetual, fully-paid, irrevocable, non-exclusive license to publish, reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Entry, in whole or in part, in any manner, form, or format now or hereinafter created, including on the Sponsor’s website, internet and/or social media, and for any purpose, including promoting Sponsor’s products, services and/or any other advertising or promotion all without further consent from or compensation to Contestant. By submitting an Entry, you agree that Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of an Entry does not have any bearing on whether the Entry will be determined as the winner. Without limiting the generality of the foregoing, Contestant agrees that the Entry may be posted and shared by others and that the Contest Entities are not responsible for any unauthorized use of Entries by third parties.
By entering, Contestants, including winner, grant the Sponsor permission (except where prohibited by law) to use his or her name, Entry, any testimonial obtained by Sponsor, hometown, statement(s), likeness, image, voice, appearance, financial information, prize won (if Contestant is determined the winner), for promotional purposes, advertising, publicity in any and all media (including online posting) now or hereafter devised throughout the world in perpetuity without further compensation.
Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Sponsor is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these T&Cs. Furthermore, the Sponsor reserves the right to not award prize if, in its sole and absolute discretion, it does not receive a sufficient number of eligible Entries. Entries subject to all notices posted at SoFi.com, including these T&Cs.
3. JUDGING & TIES:
During Round 1 of the Contest, the Administrator, including its home design judge, will review and judge all eligible Entries to determine the top scoring fifty (50) Round 1 Entries that will advance as Finalists to Round 2 on using the following weighted judging criteria:
In the event of a tie in Round 1, the Entry from among the tied Entries with the highest score in most adherence to the Contest theme will win. In the event of a further tie, the Entry from among the tied Entries with the highest score received for most impactful story wll win.
During Round 2 of the Contest, a panel of judges consisting of personnel from the Sponsor (“judging panel”) will review and judge all Finalist Entries utilizing the judging criteria used for Round 1 to determine the top scoring Entry (“Winner”). Winner will be determined on or about November 30, 2020.
The decisions of the judging panel are final and binding on all matters relating to determination of the Winner.
4. PRIZE: Winner will win $25,000 Grand Prize to create or finish home or room/office renovation as depicted in winning Entry plus the opportunity to consult the renovation with an Influencer who specializes in home design. Winner will receive three (3) consultation sessions with the influencer and each session is up to a maximum of thirty (30) minutes of consultation time (subject to availability) via a video call. Each consultation session will be conducted at a mutually agreed upon date(s) and time(s) between the Winner and Influencer. There is no monetary value associated with the consultation sessions. If Winner is not available to attend a consultation session on the mutually agreed date and time, no makeup or additional time will be provided to Winner. Cash prize will be awarded in form of a corporate check. Winner’s SoFi account must be in good standing at time of awarding and prize will be awarded approximately sixty (60) days of winner announcement. Winner will be responsible for obtaining all necessary permits, building/board approvals for makeover/renovation, construction and installation and for obtaining any necessary insurance required by building/board or winner’s residence or government regulation associated with the renovation/makeover. All federal, state, local taxes or other expenses relating to the prize won, acceptance and possession of prize is the sole responsibility of Winner. An IRS form 1099 will be filed in the name of Winner for the value of prize won.
Once verified, and the home or room makeover is underway, Winner must provide Sponsor with additional high resolution photos and/or videos of the existing home or room makeover connected with the winning Entry until the home or room makeover is completed. If the home or room makeover has not begun, Winner must start to document the home or room makeover for the Sponsor via high resolution photos and/or video as soon as he or she is verified the Winner and until the home or room makeover is completed or Sponsor is satisfied with results of makeover.
5. WORK FOR HIRE: Aside for the awarding of the $25,000 Grand Prize, Winner will not receive any compensation of any kind for such work associated with documenting the home or room makeover for the Sponsor. Winner hereby acknowledges that any photos and/or videos recorded for SoFi after Contestant is determined and verified the Winner and all other materials of every kind whatsoever created by Winner relating to the Contest (collectively, the “Work”) become property of the Sponsor, and Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, and may exploit the Work (and all rights therein) in any manner throughout the world without restriction. In addition, the Winner may be asked to travel and/or promote future advertising, media parties, in-store promotions and/or other promotional events without additional compensation (except where prohibited by law) for a period of one year. However, if needed, the Sponsor will pay for travel and hotel/lodging accommodations for these promotional appearances and events, if any.
6. NOTIFICATION: Winner will be notified by email on or about December 10, 2020 and will be required to execute and return an Affidavit of Eligibility, Release of Liability and a Publicity Release (“Affidavit”), an IRS W-9 Tax Form and any other document required by Sponsor, including a Work for Hire Agreement (or similar document), so it is received by Administrator within five (5) days of date printed on notification or Winner will be disqualified and the Entry with the next highest score may be determined as the alternate Winner. If Winner does not return any required documents, including but not limited to Affidavit and W-9 Form within five (5) days, or if said e-mail and/or mail is returned as undeliverable, or if he or she is otherwise found to be ineligible to win, or cannot accept or receive the prize for any reason, he or she will forfeit all rights to the prize and the non-winning Entry with the next highest score received may be notified as the alternate winner. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any.
7. CONSENT AND RELEASE: To the fullest extent possible in law, Contestants, and on behalf of themselves and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Contest Entities, (collectively, the “Released Parties”) from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from Contestant’s participation, acceptance and use or misuse of prize (if determined to be the Winner). The Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of prize. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, or otherwise, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court, or other cause, Sponsor shall have the right to modify, suspend or terminate the Contest. Furthermore, the Sponsor reserves the right to terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), and to determine Winner from among all eligible Entries received prior to termination. Contestants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Contest or use or redemption of the prize (if Contestant is determined to be the Winner).
In all applicable territories, Promoter is not responsible for any suspension of the Prize Draw or inability to implement the Prize Draw or award any prize as contemplated herein due to any event beyond its control, including delays or interruptions caused by acts of God, acts of war, natural disasters, weather, utility outages, acts of terrorism or any federal, state, or local government law, order, or regulation, order of any court or regulator. This Prize Draw shall be governed by and interpreted under the laws of the Santa Monica, CA, U.S.A., without regard to its conflicts of laws provisions. Any and all disputes, claims, and causes of action arising out of or in connection with this Prize Draw, shall be resolved individually, without resort to any form of class action or mandatory local law provisions outside of Santa Monica, CA U.S.A. law provisions as per the stated governing law may apply. This choice of law does not deprive Contestants of the protection afforded to them under their own laws and such provisions that cannot be derogated from by agreement by virtue of the law of the Contestant’s own jurisdiction.
8. ARBITRATION: This Contest shall be governed by and interpreted under the laws of the State of California, U.S.A. without regard to its conflicts of laws provisions. Contestants hereby agrees that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Contest shall be resolved, upon the election by Contestant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the Contestant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR CONTESTANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT CONTESTANT WOULD HAVE IF CONTESTANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. CONTESTANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF CONTESTANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and Contestant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and Contestant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.
9. GENERAL: In the event of a dispute as to the ownership of any Entry, the authorized account holder of the email address provided during the Entry submission process will be deemed to be the Contestant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address when creating the Twitter or Instagram Account and he/she must meet the eligibility requirements mentioned above. Winner may be required to show proof of being the authorized account holder.
Any Entry that has been tampered with or altered, or mass Entries or Entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) human or technical error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Website or any combination thereof; (ii) any injury or damage to Contestant’s or any other person’s computer related to or resulting from participating in the Contest, or (iii) the failure of any third party to comply with the instructions and proper administration of this Contest. By participating in the Contest, Contestants (i) agree to be bound by these T&Cs, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Contest. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest or web site or violates these T&Cs. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN CONTESTANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. WINNER’S NAME: For winner’s name (available after December 31, 2020), send a stamped, self-addressed envelope (postage not required for Vermont residents) by December 31, 2020 to: SoFi $25,000 Home Renovation Contest, c/o Ventura Associates LLC, 494 Eighth Avenue, Suite 1700 (DE/SOFI), New York, New York, 10001.
12. SPONSOR: Social Finance Inc., 234 1st Street, San Francisco, CA 94105.
13. ADMINISTRATOR: Ventura Associates International LLC, 494 Eighth Avenue, Suite 1700, New York, New York, 10001.