The following “Petal Card up to $500 Statement Credit Giveaway” (the “Giveaway”) is intended for participants that are legal residents of the United States and the District of Columbia only and are of the age of majority in the jurisdiction in which they reside. The Giveaway shall be construed and evaluated according to the laws of the United States. Further eligibility restrictions are contained in the official rules below.
1. ELIGIBILITY: The Giveaway is open only to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older and who are Petal cardholders in good standing. Employees, officers, and directors (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 Petal Card, Inc., ( “Petal”), WebBank (the “Issuer”), PCG365, LLC, (the “Administrator”) and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Giveaway (“Related Entities”) are not eligible to participate or win a Prize (as defined below in Section 6). The Giveaway is subject to all applicable federal, state and local laws, rules and regulations. The Giveaway is void where prohibited or restricted by law, rule or regulation.
2. TIMING: The Giveaway begins at 12:00:00 AM Eastern Daylight Savings Time (“EDT”) on October 1, 2022 and ends at 11:59:59 PM Eastern Standard Time (“EST”) on December 31, 2022 (“Giveaway Period”).
3. THREE (3) MONTHLY ENTRY PERIODS: During the Giveaway Period, there will be three (3) monthly entry periods (each a “Monthly Entry Period”) as follows:
Monthly Entry Period #1: Between 12:00:00 AM EDT on October 1, 2022 and 11:59:59 PM EDT on October 31, 2022;
Monthly Entry Period #2: Between 12:00:00 AM EDT on November 1, 2022 and 11:59:59 PM EDT on November 30, 2022; and
Monthly Entry Period #3: Between 12:00:00 AM EDT on December 1, 2022 and 11:59:59 PM EST on December 31, 2022
4. TWO (2) WAYS TO ENTER: A) AUTOMATIC ENTRY METHOD: Eligible Petal Cardholders that make at least seven (7) eligible purchase transactions using the Petal Card (“Minimum Transaction Amount”) during a given Monthly Entry Period will automatically receive one (1) entry (“Automatic Entry”). Once the Minimum Transaction Amount has been reached in a given Monthly Entry Period, you will earn one (1) additional entry for each eligible purchase transaction during the same Monthly Entry Period (“Additional Automatic Entry”). Multiple items purchased in the same transaction during a Monthly Entry Period will be considered one (1) Entry. If the purchase transaction or a portion of the transaction thereof is returned for a refund or credit, that transaction will be disqualified and will not be accounted for in the Minimum Transaction Amount or as an Additional Automatic Entry. Entries from unauthorized card use or purchases made with a lost, stolen, or fraudulent cards are void; OR B) MAIL-IN ENTRY METHOD: Hand print your complete name, mailing address including zip code, phone number, and a valid email address on a piece of paper and mail it in an envelope with sufficient First-Class postage to: Petal Card up to $500 Statement Credit Giveaway, P.O. Box 1008, Manhasset, NY 11030 to receive one (1) Entry into a given Monthly Entry Period (“Mail-In Entry”). Enter as often as you wish in each Monthly Entry Period, however the Giveaway is limited to one (1) Mail-In Entry per envelope. All Mail-In Entries must be postmarked and received by the dates listed below in order to qualify for a corresponding Monthly Entry Period.
Monthly Entry Period #1: All Mail-In Entries must be postmarked between October 1, 2022 and October 31, 2022 and received by November 7, 2022;
Monthly Entry Period #2: All Mail-In Entries must be postmarked between November 1, 2022 and November 30, 2022 and received by December 7, 2022; and
Monthly Entry Period #3: All Mail-In Entries must be postmarked between December 1, 2022 and December 31, 2022 and received by January 9, 2022.
(A and B, individually defined as “Entry” and collectively defined as “Entries”).
Entries received in previous Monthly Entry Periods will not be rolled over into subsequent Monthly Entry Periods.
5. THREE (3) RANDOM DRAWINGS/ODDS OF WINNING: Five (5) potential Prize winners will be selected in each of three (3) random drawings for a total of up to fifteen (15) potential prize winners and three (3) random drawings (each a “Random Drawing”). Odds of winning depend upon the total number of eligible Entries received in each Entry Period. The Random Drawings for each Entry Period will be conducted by the Administrator on or about the following dates:
Entry Period #1: On or about November 10, 2022;
Entry Period #2: On or about December 12, 2022; and
Entry Period #3: On or about January 12, 2023
Entrants agree to be bound by the terms of these Official Rules and by the decisions of Petal and Issuer, which are final and binding on all matters pertaining to this Giveaway. Entries are subject to verification of eligibility and compliance with the terms of these Official Rules. All Prizes may not be awarded in the event an insufficient number of eligible Entries are received. If required, Prize Winner will receive a 1099-MISC Tax Form for the actual value of the prize to file with the IRS for either the 2022 tax year or 2023 tax year.
6. FIFTEEN (15) PRIZES: Fifteen (15) winners will each receive one (1) Petal Card monthly statement credit equal to their Petal Card statement balance at the end of the billing cycle in which the Prize was won up to five hundred dollars ($500) (“Prize”). The approximate retail value (“ARV”) of each Prize: up to $500. Total ARV of all prizes: up to $7,500. Prizes will be credited to each Prize Winner’s (as defined below) Petal Card account between one (1) to two (2) statement cycles after the winner is confirmed. In the instance of co-applicant cardholders, the winner is the primary cardholder. Each Prize Winner acknowledges that Released Parties (as defined below) have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. No substitution, assignment, redemption for cash, or transfer of any prize permitted. If the advertised prize cannot be awarded due to circumstances beyond Petal’s and Issuer’s reasonable control, a substitute prize of equal or greater value may be awarded in Petal’s and Issuer’s sole discretion. PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED.
7. PRIZE NOTIFICATION: Potential prize winners (“Prize Winner”) will be notified via the email address and telephone number submitted at the time of the Petal Card application or as otherwise provided on or about three (3) business days after each corresponding Random Drawing is conducted. Each Prize Winner will be required to complete, sign and return a Prize Verification and unless prohibited by law, a Publicity Release, within three (3) days from the date of issuance (the "Prize Notification"). The Prize Verification is subject to verification by Petal. A potential Prize Winner may be disqualified under any of the following circumstances; i) if he/she cannot be reached by Petal within the specified time period; ii) if a Prize Notification or email address is returned as undeliverable or phone number is incorrect; iii) if a potential Prize Winner is found to be ineligible; iv) if a potential Prize Winner does not return the required Prize Notification within the required time period; v) if a potential Prize Winner is unwilling to accept the Prize; or vi) if a potential Prize Winner does not comply with these Official Rules. In the event a disqualification of a Prize Winner results, that Prize will be forfeited and, at Petal’s and Issuer’s sole discretion, an alternate potential Prize Winner will be randomly selected from among all remaining eligible Entries received in that corresponding Entry Period.
8. WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Giveaway and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against Petal, the Issuer, and the Administrator and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Giveaway, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Giveaway or from the receipt or use of the Prize (or any portion thereof). By entering this Giveaway, each entrant gives his/her express permission to be contacted for Giveaway purposes by Petal, and/or Administrator by any telephone number, e-mail address and/or postal mail address provided to Petal. Each Prize Winner, by acceptance of a Prize, grants to Petal and Issuer, and each of their respective designees the right (unless prohibited) to publicize such Prize Winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
9. GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, incorrect, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, misaddressed, undelivered, mutilated or garbled payment transactions or Entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; any error, omission, interruption, defect or delay in transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Giveaway-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of transactions or Entries, the announcement of the Prizes or in any Giveaway-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Giveaway or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Giveaway or website or attempt to undermine the legitimate operation of the Giveaway by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of the Released Parties are in violation of these Official Rules, as solely determined by Petal and Issuer, will be disqualified and all associated Entries will be void. Any attempt to deliberately damage the content or operation of this Giveaway is unlawful and subject to legal action by the Petal, Issuer, and/or their respective agents. Petal and Issuer shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Giveaway, and to resolve all disputes in its sole discretion. Petal’s or Issuer’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Petal and Issuer reserve the right, in their sole discretion, to cancel or suspend the Giveaway (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Giveaway (or any portion thereof). In the event the Released Parties are prevented from continuing with this Giveaway, or the integrity and/or feasibility of the Giveaway is undermined by any event including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Released Parties’ control (each a “Force Majeure” event) the Released Parties shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Giveaway without notice or further obligation. In the event of cancellation, Petal may elect to identify the Prize Winners and award the Prizes by way of random drawing from among all non-suspect, eligible Entries received up to the time of such cancellation. Petal and Issuer also reserve the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Giveaway. In the event there is a discrepancy or inconsistency statements in any promotional materials regarding this Giveaway and the Official Rules, the Official Rules shall prevail, govern, and control.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PETAL AND ISSUER WILL DISQUALIFY ANY SUCH ENTRANT, AND PETAL, ISSUER, AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Giveaway shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Utah law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Petal will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Petal shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS GIVEAWAY IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE GIVEAWAY, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
Federal law provides important protections to members of the Armed Forces and their dependents (”Covered Borrowers”). This arbitration clause in the Official Rules does not apply to you if you are a Covered Borrower nor do any provisions of the Agreement that waive any right to legal recourse under any state or federal law to the extent required by the Military Lending Act.
11. GOVERNING LAW & JURISDICTION: The Official Rules and the Giveaway are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Giveaway Official Rules, or the rights and obligations of Entrant, Petal, and Issuer in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Utah, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in “Binding Arbitration” Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Utah, in the City of Salt Lake City.
13. WINNERS LIST/OFFICIAL RULES: Entrants agree to be bound by the terms of these Official Rules and by the decisions of Petal and Issuer, which are final and binding on all matters pertaining to this Giveaway. Entries are subject to verification of eligibility and compliance with the terms of these Official Rules. All Prizes may not be awarded in the event an insufficient number of eligible Entries are received. If required, Prize Winner will receive a 1099-MISC Tax Form for the actual value of the prize to file with the IRS for either the 2022 tax year or 2023 tax year.
14. SPONSOR: The sponsor of this Giveaway is the Petal Card, Inc., P.O. Box 105168. Atlanta, GA 30348-6168 on behalf of WebBank.
Petal credit cards are issued by WebBank.
@2022 Petal Card, Inc.