THE FOLLOWING ARE GENERAL RULES, TERMS AND CONDITIONS GOVERNING YOUR ENTRY AND PARTICIPATION IN THE CREDIT SCORE IMPROVEMENT CONTEST AT THE MONEYTIPS WEBSITE. PLEASE READ THESE RULES CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
VOID WHERE PROHIBITED BY LAW.
The sponsor of Contest is LEADPOINT, INC, the owner and operator of the MONEYTIPS website. The Contest is in no way sponsored, endorsed or administered by TransUnion LLC or its domestic subsidiaries.
HOW TO ENTER THE CONTEST
- The Contest has its own dedicated page accessible through the MONEYTIPS website. The Contest theme, periods of membership enrollment, and other entry requirements (including payment where applicable), rules and restrictions are described at the dedicated website page.
GENERAL CONDITIONS OF PARTICIPATION FOR THE CONTEST
As described in greater detail above, you must be a newly enrolled member of MONEYTIPS who registered for membership between July 23, 2018 and September 30, 2018. Also, you must explicitly acknowledge and consent to MONEYTIPS obtaining your credit score on your start date of the Contest and on the 90th day after your start date of the Contest.
If you engage in any unauthorized use of the MONEYTIPS membership or platform or make any misrepresentations in your submissions to MONEYTIPS, MONEYTIPS reserves the right to terminate your account, disqualify you from participating in the Contest and otherwise take appropriate action as determined by MONEYTIPS in its sole and exclusive discretion. By way of example, the following list of conduct may result in your disqualification from participation in the Contest and the termination of your MONEYTIPS account:
- Falsifying personal information required to enter a Contest or claim a prize;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
- Engaging in any submissions or voting through unauthorized methods such as automated scripts, bots, or other automated means;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the MONEYTIPS website or of any user for any purpose.
- Any abuse of any MONEYTIPS’s (or sponsor’s or co-sponsors’) offers or promotions;
- Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest or the MONEYTIPS website;
- Obtaining other entrants’ information and spamming other entrants; or
- Abusing the MONEYTIPS website in any way.
The foregoing list is not intended to be exhaustive and is only intended to provide examples of types of disqualifying conduct.
WINNER DETERMINATION AND NOTIFICATION
The Contest offered via the MONEYTIPS website is a Contest of skill in which the Contestants will have 90 days from joining MONEYTIPS to improve his or her credit score. Winners will be based on the Contestants who raise their credit score the highest number of points over the first 90 days of their MONEYTIPS membership. The highest number of points your credit score increased is defined as the difference between your credit score at the start of the Contest and the score recorded on your 90th day of membership.
If two or more Contestants raise their credit score the same number of points, the winner would be the Contestant with the higher credit score recorded on their respective 90th day. In the event Contestants have the same credit score appreciation and the same credit score, the Contestants will split the prize.
MONEYTIPS’s determination of the winner is final and binding on all matters relating to this Contest. Potential winners will be notified by telephone, mail and/or email and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by MONEYTIPS (or the sponsor or co-sponsor where applicable), which must be returned within five (5) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of MONEYTIPS to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsors’ sole discretion, the prize may be awarded to a runner-up. If any potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsors reserve the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
CONTEST PRIZES & APPROXIMATE RETAIL VALUE (“ARV”)
The Contest prize pool is $10,000, which will be distributed to the top 6 finishers as follows:
1st Place: $5000
2nd Place: $2500
3rd Place: $1000
4th Place: $750
5th Place: $500
6th Place: $250
Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the Official Rules. Each winner must provide MONEYTIPS with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning $600 or more in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between or among MONEYTIPS (and its sponsors or co-sponsors where applicable), on the one hand, and the Contestant, each Contestant irrevocably grants MONEYTIPS (and its sponsors or co-sponsors where applicable) and their respective successors, assigns and licensees, the right to use such Contestant’s Submission, name, likeness, biographical information, and any individual(s) participating in the Submission, in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Sponsors from any liability with respect thereto, unless prohibited by law.
While the ultimate goal of the Contest is to improve a Contestant’s credit score, MONEYTIPS makes no guarantee that your credit score will increase should you enter this Contest. It is possible that your credit score could drop or fluctuate if you apply for credit cards, loans, or other MONEYTIPS products during the Contest period.
By entering the Contest, Contestants indemnify, defend and hold harmless MONEYTIPS and TransUnion LLC (and its sponsors or co-sponsors where applicable) and their respective parents, affiliates, subsidiaries, retailers, advertising and promotion agencies and the respective officers, directors, employees and agents of each of the foregoing (hereafter, collectively referred to as the “Contest Parties”), from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, or the acceptance, use/misuse or possession of any prize.
GENERAL LIABILITY RELEASE/FORCE MAJEURE
Contestants release any and all rights to bring any claim, action or proceeding against the Contest Parties, further covenant not to sue any Contest Parties and hereby acknowledge that none of the Contest Parties have made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Contest or the prizes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, You acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between you and the Contest Parties. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
Contestants agree that the Contest Parties shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Contest or any Contest-related activity. The Contest Parties assume no responsibility for any damage to a Contestant's computer system or mobile device which is occasioned by accessing the MONEYTIPS website or participating in the Contest, or for any computer system, mobile device, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, MONEYTIPS (and sponsor or co-sponsors where applicable) are not responsible for incomplete, misdirected, misprinted, late, lost, damaged or stolen submissions or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Any attempts to access the site, enter the Contest or increase credit score via a bot script, device or brute-force attack will result in disqualification, including that IP address becoming ineligible for the entire Contest. MONEYTIPS (and sponsor or co-sponsors where applicable) reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the MONEYTIPS website, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and MONEYTIPS (and sponsor or co-sponsors where applicable) reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. MONEYTIPS (and sponsor or co-sponsors where applicable) reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 500 entries or due to circumstances beyond its control, including natural disasters. In the event MONEYTIPS (and sponsor or co-sponsors where applicable) is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within MONEYTIPS’s (and sponsor’s or co-sponsors’ where applicable) control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, MONEYTIPS (and sponsor or co-sponsors where applicable) shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, MONEYTIPS (and sponsor or co-sponsors where applicable) will (if possible) select the winners from all eligible, non-suspect Contestants received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Contest shall be governed by California state law. By participating in any Contest, Contestants agree that California courts shall have sole and exclusive jurisdiction over any dispute or litigation arising from or relating to this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, MONEYTIPS (AND SPONSOR OR CO-SPONSORS WHERE APPLICABLE) RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Any submission that is considered by MONEYTIPS (and sponsor or co-sponsors where applicable) in its sole discretion to be obscene, libelous, inapposite to the reputation of Sponsors, or otherwise objectionable or inappropriate, or which otherwise does not comply with these Official Rules will be disqualified. Any communication or information transmitted to MONEYTIPS (and sponsor or co-sponsors where applicable) by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Proof of Entry is not considered proof of receipt of such Entry. Furthermore, MONEYTIPS (and sponsor or co-sponsors where applicable) shall have no liability for any Entry that is lost, intercepted or not received by MONEYTIPS (and sponsor or co-sponsors where applicable).
ARBITRATION/FORUM SELECTION/GOVERNING LAW
Except where prohibited by law and as a condition of participating in this Contest, Contestant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) and held at the AAA regional office in Los Angeles, California; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and participant further waives all rights to have damages multiplied or increased. If for any reason the foregoing arbitration mandate does not apply, any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively any action exclusively by the United States District Court for the Central District of California or the appropriate California State Court located in Los Angeles County, California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestant and Sponsor in connection with the Contest, shall be 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
WINNERS LIST/OFFICIAL RULES
To obtain a copy of a winners list for a particular Contest, send a self-addressed, stamped envelope to MONEYTIPS at 11801 Mississippi Ave. Suite 100, Los Angeles, CA , 90025 All such requests must be received no later than 90 days from the end date of the Contest. These Official Rules and Winner(s) will be posted via the MONEYTIPS website.
MONEYTIPS CONTACT INFORMATION
11801 Mississippi Ave. Suite 100
Los Angeles, CA 90025