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Terms and Conditions - X Spooktober Contest

NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST, OR TO CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

THESE OFFICIAL RULES (THE “OFFICIAL RULES”) INCLUDE A DISPUTE RESOLUTION PROVISION REQUIRING THAT ALL CLAIMS MUST BE BROUGHT IN SAN FRANCISCO, CALIFORNIA, AND ALSO INCLUDE A WAIVER OF A JURY TRAIL AND CLASS ACTIONS. UNDER THIS PROVISION, (1) YOU WILL NOT BE ENTITLED TO A JURY TRIAL, (2) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (3) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

“X Spooktober Contest” (the “Contest”) begins at 12:01 a.m. PT on October 6th, 2023 (the “Contest Start Date”) and ends at 11:59 p.m. PT on June 13th, 2023 (the “Contest End Date”, and such period commencing on the Contest Start Date and ending on the Contest End Date is referred to herein as the “Contest Period”).

The Contest is sponsored by Line Financial - A Public Benefit Corporation. (the “Sponsor”). This Contest is in no way sponsored, endorsed or administered by, or associated with, X(formerly Twitter). You are providing your information to the Sponsor and not to X(formerly Twitter). Any questions, comments or complaints regarding the Contest shall be directed to the Sponsor and not to X(formerly Twitter). ANY VIOLATION OF THESE OFFICIAL RULES OR X(formerly Twitter) TERMS OF USE BY ANY ENTRANT MAY RESULT IN DISQUALIFICATION, AND ALL PRIVILEGES (INCLUDING THOSE AS WINNER, IF APPLICABLE) WILL BE IMMEDIATELY TERMINATED.

HOW TO ENTER: To enter, participants must complete all of the steps set forth below during the Contest Period:

Step 1: Log into your X(formerly Twitter) account via a web-enabled mobile device. (If you are not already a member of X(formerly Twitter), download and install the free X application.)

Step 2: Once you are logged into your X(formerly Twitter) account, follow @trybeemapp on X(formerly Twitter).

Step 3: Locate the post related to the Contest (the “Post”) on the @trybeemapp X(formerly Twitter) feed, like and comment on the Post, complete actions according to the prompt.

Step 4: Tag your friends on X(formerly Twitter) for increased engagement.

Participation in the Contest is voluntary and does not require you to purchase anything from the Sponsor. No illegible, incomplete, forged or altered entries will be accepted. All entries must be received by the last day of the Contest Period. Reposts and retweets will be considered part of one entry but will be considered as increased engagement. If you leave multiple comments on the Post, only your first post that satisfies the eligibility criteria will be deemed an eligible entry. Your entry, including all required actions taken on X(formerly Twitter), must be made using the same username and account on a web-enabled mobile device. All entries are subject to these Official Rules. You may unfollow @trybeemapp or remove the Beem app at any time, provided that in order to be eligible to win and to receive the Prize, you must still be following @trybeemapp X(formerly Twitter) at the time the prize is awarded.

PRIZE: 

  • 3 winners will win a total of $100

1st Prize: $50 

2nd Prize: $25 

3rd Prize: $25

Value of the Prize in total is $100 which will be distributed to 3 winners. Allow 30 days after the contest ends for receipt of the Prize. There is no substitution or transfer of Prizes allowed. Winner will be solely responsible for all other expenses not specifically set forth herein. The Sponsor reserves the right to substitute Prizes of equal or greater value. Prize will be paid only through the Visa gift card.

The winners of the Contest who validly entered in accordance with these Official Rules (the “Winner”), and whom will receive either $50, $30, $20 and $100 (the “Prize”). Value of the Prize in total is $500 which will be distributed to 9 winners. Allow 30 days after contest ends for receipt of Prize. There is no substitution or transfer of Prizes allowed. Winner will be solely responsible for all other expenses not specifically set forth herein. The Sponsor reserves the right to substitute Prizes of equal or greater value. Prize will be paid only through the Visa gift card or Beem Direct Transfer.

Winner(s)  may be required to provide proof of identification. THE WINNER(S) MUST PROVIDE ALL TRUE, COMPLETE AND ACCURATE INFORMATION REQUESTED BY THE SPONSOR TO FACILITATE THE DELIVERY OF THE PRIZE, AND BEARS ALL RESPONSIBILITY IN CONNECTION THEREWITH. All federal, state, provincial and local or other taxes on any Prize, including income and/or sales taxes, are the sole responsibility of the Winner(s). All entrants agree that information provided by the Sponsor is not advice, including but not limited to, tax advice or legal advice, and every entrant is advised to consult a professional, including a tax professional.

ELIGIBILITY:

Entrant Eligibility: The Contest is only open to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico and all U.S. territories and possessions) who are 18 years or older at the time of entry. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Contest, each entrant represents that they have read these Official Rules and unconditionally accepts and agrees to comply with and abide by these Official Rules, X(formerly Twitter)’s Terms of Use , and the decisions of the Sponsor and warrants that s/he is eligible to participate in the Contest. Failure to comply with the terms and conditions in these Official Rules will result in disqualification, and will allow the Sponsor to select an alternate Winner. Employees, independent contractors, officers, and directors of the Sponsor, affiliates, subsidiaries, partners, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Contest. CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.

Submission Eligibility: Submissions into the Contest will only be eligible if (a) such entries relate to the applicable theme, in Sponsor’s sole discretion; (b) the submission contains only the original content of the participant and does not contain any photo, drawing, images or elements created by any other person; (c) the submission does not reference any other company or product; and (d) the submission does not include any other identifiable individual other than the individual participant unless prior express consent is obtained from such individual. Submissions that are considered offensive or defamatory or in violation of any person’s right to privacy or other personal rights, in Sponsor’s sole discretion, are not eligible. Entries may not include: (i) profanity, nudity or material deemed inappropriate or offensive to Sponsor, in its sole discretion; (ii) false or defamatory statements about any person or any third party; (iii) third party trademarks which suggest affiliation with any trademark owner without permission of such owner or that dilute the value of any trademark; (iv) hateful, obscene, indecent, violent, sexually explicit, abusive, discriminatory, racially inflammatory or other morally or legally objectionable depictions of material, in Sponsor’s sole discretion; or (v) any other content that is otherwise unlawful. If an entry includes any of the prohibited elements listed above, the entry will be disqualified, along with the contestant who submitted it.

SELECTION OF WINNER: After the Contest Period, a panel of employees, officers or directors of Sponsor, selected in its sole discretion, will select the winning entry based upon a combination of engagement, quality and suitability for Sponsor’s brand in Sponsor’s sole discretion. The winning entry may be featured on Sponsor’s X(formerly Twitter) feed. As a participant and without limiting the rights granted by you under these terms, you hereby consent to the use of your submission and your X(formerly Twitter) username and profile information in connection therewith if you are selected as the Winner. Within thirty (30) business days after the Contest Period (the “Notification Date”), Sponsor will contact the potential Winner via direct message to the X(formerly Twitter) associated with the Submission(s) submitted pursuant to the Contest entry process. The Sponsor may request certain information, including date of birth or age, from the Winner in order to confirm eligibility. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify any potential Winner, including failure to receive notices from the Sponsor, including failure due to a potential Winner’s spam, junk e-mail or other security settings or for a potential Winner’s provision of incorrect or otherwise non-functioning contact information. Sponsor is not responsible for changes to entrants’ contact information. If any potential Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days of the Notification Date, or fails in timely return of a completed and executed declaration and release as required, the prize may be forfeited and the next best entrant (in Sponsor’s sole discretion) will be selected as the alternate winner. The Winner agrees to use of name, address, likeness, and/or Prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.

CONDITIONS: The Sponsor, X(formerly Twitter), and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the Prize, or acceptance, possession, or use of the Prize, or from participation in the Contest; or (vi) any transmission, typographical or similar errors in any materials associated with the Contest. The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Contest should any unauthorized human intervention or other causes beyond the Sponsors’ control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In the event that proper administration of the Contest is prevented by such causes as contemplated above, the Sponsor will pick the Winner from all eligible, non-suspect entries received prior to such action. By participating in the Contest, participants and Winner agree to indemnify, release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Contest, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Contest, participation in the Contest, the Prize, and/or acceptance, possession, use or misuse of the Prize, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity.

In the event of a dispute as to the identity of the Winner based on IX(formerly Twitter) username, the selected Winner will be deemed to be the authorized account holder of the X(formerly Twitter) username at time of entry. “Authorized account holder” is the natural person who is assigned(or approved for) an X(formerly Twitter) account by X(formerly Twitter) or other applicable organization responsible for confirming X(formerly Twitter) accounts for the X(formerly Twitter) username in question.

DISPUTE RESOLUTION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

Jury Waiver. Each party acknowledges and agrees that any controversy which may arise under these Official Rules is likely to involve complicated and difficult issues and, therefore, each such party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to these Official Rules and the conduct of the parties related thereto.

This Contest shall be governed by California law and without regard to the choice of law rules of either California or any other state.

Mandatory Pre-Litigation Dispute Resolution. Sponsor is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the participant’s satisfaction by emailing customer support at [email protected]. As a condition to bringing any claim, a party must first send to the other a written Notice of Dispute (“Notice”). The Notice to Sponsor should be sent to 353 Sacramento St, San Francisco, CA 94111 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If, after good faith negotiation, Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor may commence a court proceeding. During any legal proceeding, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.

Dispute Resolution. Any legal suit, action or proceeding arising out of or based upon these Official Rules and the conduct of the parties related thereto may be instituted in any court of appropriate jurisdiction in San Francisco County, California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

Severability. If any term or provision of these terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these terms shall be enforceable as so modified.

WINNERS LIST: To obtain the first name, last initial, city and state of the Winner after the Contest End Date, send a separate self-addressed, stamped envelope marked “Beem X(formerly Twitter) Contest Winners List” to the Sponsor. Requests for winners list must be received no later than ninety (90) days from the Contest End Date (residents of Vermont and Washington need not include return postage).

CONTEST SPONSOR: Line Financial PBC, 353 Sacramento St, San Francisco, CA 94111

NOTICE: The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules and/or criminal and/or civil law.

Beem and its associated logos are trademarks of Sponsor. X(formerly Twitter) and the associated logos are trademarks of X(formerly Twitter). Any other trademarks in these Official Rules are used for Prize identification purposes ONLY and are the properties of their respective owners.

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