NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
TIMING: The #MyProsperStory Photo Contest (the “Contest”) is presented by Prosper Marketplace, Inc. (the “Sponsor” or “Prosper”) and administered by US Sweepstakes & Fulfillment Co. (the “Contest Administrator”). The Contest begins at 12:00:01 AM Pacific Time (“PT”) on Thursday, November 9, 2017 and ends at 11:59:59 PM PT on Sunday, December 10, 2017 (the “Contest Period”) and consists of three (3) phases: the Contest Entry Phase, Judging Phase and Public Voting Phase as represented in the chart below. Sponsor’s computer is the official timekeeping device for this Contest.
|Contest Entry Phase
||November 9, 2017 @ 12:00:01 AM PT
||November 26, 2017 @ 11:59:59 PM PT
||November 9, 2017
||November 30, 2017
|Public Voting Phase
||December 1, 2017 @ 12:00:01 AM PT
||December 10, 2017 @ 11:59:59 PM PT
ELIGIBILITY: The Contest is open to legal residents of the 50 United States and the District of Columbia, age 18 or older at time of entry that are borrowers with an active loan, in good standing during the term of the loan, through Prosper as of November 8, 2017 at 11:59:59 PM PT or, have had a loan, in good standing during the term of the loan, through Prosper between October 31, 2014 – November 8, 2017 (the “Loan Dates”). (All loans through the Prosper marketplace are made by WebBank, a Utah-chartered Industrial Bank, Member FDIC. The loans are unsecured, fully amortized consumer loans with a fixed interest rate.) Void outside the U.S., in Puerto Rico, and wherever else prohibited or restricted by law. Employees of the Sponsor, Contest Administrator and each of their respective subsidiaries, affiliates, advertising and promotion agencies (collectively, “Contest Entities”), and the immediate family members of, and/or those living in the same household of each, are not eligible to enter or win. Contest is subject to all applicable federal, state and local laws and regulations. By participating in the Contest each entrant (the “Entrant”) unconditionally accepts and agrees to be bound to these official rules (“Official Rules”) and the decisions of the Contest Entities which are final and binding.
HOW TO ENTER: To enter the Contest:
- Visit https://www.facebook.com/prosperloans and follow the instructions to access the Photo Contest app page (the “Contest Site”)
- Complete the entry form in its entirety, including uploading a photo that shows what it looks like to be on top of your finances (the “Photo”); Photos must be in .jpeg, .gif or .png file format and may not exceed 8MB in size.
- Provide a response to the question posed by the Sponsor about your experience with Prosper, not to exceed 350 words (the “Caption”) and include #MyProsperStory hashtag.
- Check the box to confirm you are: a) 18 or older and a U.S. resident and b) a borrower with a loan through Prosper during the Loan Dates, and click the “Enter” button (the “Entry”). Entries must be received between 12:00:01 AM PT on Thursday, November 9, 2017 and 11:59:59 PM PT on Sunday, November 26, 2017 (the “Contest Entry Phase”). Incomplete, invalid or non-compliant Entries will be disqualified and are void.
Limit: One (1) Entry per person during the Contest Entry Phase.
The Contest Entities will review all submitted Entries and reserve the immediate right without notification or warning in their sole and absolute discretion to reject, disqualify and/or remove any Entry that violates these Official Rules. All Entries will be posted to a public gallery within the Contest Site (the “Contest Gallery”).
All of the terms and conditions as described herein apply to the format of the Entry submission. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. By submitting an Entry, the Entrant understands and grants to the Sponsor permission for his/her Entry and other Entrant information to be posted on Facebook.com throughout the world for viewing by visitors to the Contest Site and used in accordance with the Official Rules. Sponsor reserves the right to post sample Photo and Captions it has created in connection with the Contest on Facebook.com. Sponsor does not guarantee the posting of any Entry.
Multiple Entrants are not permitted to share the same email address, or Facebook account. Any suspected attempt by any Entrant to cheat, engage in fraud, spamming, phishing, or to obtain more than the stated number of Entries by using multiple/different email addresses, identities, accounts, equipment, IP addresses, registrations and logins, or any other method will void Entry and any Entrant suspected of using/benefitting from such methods will be disqualified. Use/suspected use of any bot, robotic, or automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Entry, the authorized account holder of the email address used to register will be deemed to be the Entrant. 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. Each potential winner may be required to show proof of being the authorized account holder.
ENTRIES POSTED TO THE CONTEST SITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT WHICH MUST BE ACCURATE AND TRUTHFUL, AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. PLEASE NOTE, AND PLEASE INFORM OTHERS, THAT YOU ARE ENTERING THIS CONTEST AND COMPETING FOR A PRIZE FROM SPONSOR IN RETURN FOR PROVIDING SPONSOR AN ELIGIBLE ENTRY FEATURING SPONSOR’S PRODUCTS/SERVICES.
All Entries, in whole and in part, must comply with the following minimum guidelines to be eligible:
- Cannot contain content that is irrelevant to the purpose of the Contest.
- Cannot be profane, pornographic, sexually explicit or suggestive or contain nudity or similar or dissimilar inappropriate material or activities.
- Cannot be violent or promote firearms/weapons.
- Cannot include or in any way promote/reference alcohol, illegal or dangerous drugs or tobacco.
- Cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies, including but not limited to the Sponsor’s brand, products and services.
- Cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any sexual, ethnic, racial, gender, religious, professional, age group or any other group.
- Cannot reference or contain materials embodying patented, trademarked, or copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
- Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor and Facebook wish to associate.
- Cannot depict illegal, dangerous or unsafe activity and cannot itself be in violation of any law.
- Cannot in any way reference persons, venues, or organizations without written permission from any person, venue owner, or organization whose name, image or likeness is used.
- Cannot include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
- Cannot include images or references to minors unless the parent/adult legal guardian of the minor has provided Entrant express written consent to the entry and its submission into this Contest; Sponsor reserves the right to require written evidence of such consent.
Sponsor reserves the right in its sole and absolute discretion to immediately and without notification or warning reject, disqualify and/or remove any Entrant/Entries that violate these Official Rules or are otherwise non-compliant, ineligible or inappropriate, and to require immediate prize return if applicable.
By submitting an Entry, Entrant (or parent/legal guardian if Entrant is 18 years of age or older but still deemed a minor in his/her state of residence) warrants, represents and covenants that: (a) it is the Entrant’s original work and has been legally created, specifically for this Contest; (b) it has not been previously published or distributed in any media; (c) it has not been entered in or won previous contests or awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (e) Entrant has obtained written permission from any identifiable person appearing in, or who has worked on the Entry, or whose name or likeness is used in the Entry (“Photo Participant”); (f) if a Photo Participant is a minor, written permission must be granted by the Photo Participant’s parent/legal guardian; (g) Entrant owns all rights to the Entry, including without limitation, copyrights, and has received prior written permission from the Photo Participant(s) (including any photographer if any content was photographed/photographed by someone other than the Entrant); (f) Entrants shall take all other actions to transfer all usage rights to the Sponsor if and as requested, including but not limited to anything necessary to transfer such rights from Photo Participants, or the parent/legal guardian of Photo Participant; (i) publication of the Entry via various media, including posting on the Contest Site, will not infringe on any third-party rights; and (j) Entrant will indemnify and hold harmless the Sponsor, Facebook, Contest Administrator and related entities, agents and assigns from any threatened or actual actions, claims, liabilities, settlements (whether or not litigation is commenced) and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, Photo Participant’s participation in the Entry, participation in the Contest, and/or the acceptance or use/misuse of any prize, or any other element in connection with this Contest.
Sponsor reserves the right to request proof of written permissions relating to any of the above. By participating, Entrant grants Sponsor permission to use his/her name, caption, hometown, photograph or image for future advertising and publicity purposes in connection with the Contest in any and all media now known or hereinafter developed without additional compensation, notification or permission. Upon submitting an Entry, and whether or not your Entry is disqualified or selected as a finalist or winner, you grant to Sponsor an exclusive unlimited, royalty-free irrevocable perpetual right and license in and to the Entry, in whole and in part, and all the intellectual and other property rights therein including but not limited to the right to make derivative works, and to commercially exploit the Entry in connection with Sponsor’s brands, goods and services, through-out the world, and further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’s license in the Entry and intellectual property rights associated therewith. You will not now nor in the future be paid for your Entry or granting any of these rights.
Entries made by any other individual or entity that is not the person named on the submitted Entry or made in any manner inconsistent with these Official Rules will be declared invalid and disqualified from this Contest.
JUDGING: All eligible Entries received during the Contest Entry Phase will be judged by the Sponsor based on the following judging criteria. Judging will begin on/around Thursday, November 9, 2017 and be completed on/around Thursday, November 30, 2017:
- A) Photo Caption response that is authentic, inspiring and/or humorous as to how a loan through Prosper has helped you to stay on top of your finances (50%)
- B) Photo and Photo Caption originality/uniqueness (25%)
- C) Photo quality and ability to be expressive and inspirational (25%)
The twenty (20) Entries that receive the highest total score based on the judging criteria will be deemed a Finalist (the “Finalist”). In the unlikely event of a tie, the tied Entries with the highest score in Criterion A will be deemed the potential Finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential Finalists from among the tied Entries, the highest scores in each of Criteria B through C, in sequence (to the extent needed) will determine the potential Finalists.
Finalists may be notified via email if their Entry will be included in the Public Voting Phase.
PUBLIC VOTING: Beginning Friday, December 1, 2017 at 12:00:01 AM PT and ending on Sunday, December 10, 2017 11:59:59 PM PT (“Public Voting Phase”), the twenty (20) Finalists will be posted to the Contest Gallery and voting will be accepted. To vote, visit https://www.facebook.com/prosperloans, click the Prosper Photo Contest tab to link to the Contest site, and click the link to view the Contest Gallery. During the Public Voting Phase, Facebook members who are legal residents of the 50 United States including the District of Columbia and are 18 years of age or older may access the Contest Gallery, click the “Vote” button associated with that Finalist Entry you believe depicts the most compelling way a loan through Prosper has helped the Finalist stay on top of his/her finances, and follow all instructions to cast one (1) vote per day for the Finalist Entry that he or she believes depicts the most compelling way a loan through Prosper has changed an Entrant’s life for the better (the “Vote”).
Employees of the Contest Entities and Facebook are not eligible to vote. Limit: One (1) vote per person per day during the Public Voting Phase. You may only submit a vote for one (1) Finalist Entry per day during the Public Voting Phase. An Entrant may vote for his/her own Entry.
Any suspected attempt to cheat, engage in fraud, gain votes by promising a benefit to the Entrant/voter or any other person, including sites such as Vote Exchange or other similar social media sites, subject the Entrant to disqualification in the sole discretion of the Sponsor. Entrants or voters suspected of or who do cheat, spam or create multiple identities, use multiple IP addresses, multiple Facebook accounts for the purpose of casting Votes, or use any other unauthorized method will have their Votes disqualified and any Votes/Entry/Entrant appearing to engage in/benefit from these activities may be voided/disqualified. Decisions of the Sponsor are final relating to all aspects of the online voting process and results.
Entries/Votes become sole property of Sponsor and none will be acknowledged or returned. Nothing in these Official Rules shall obligate Sponsor to post, publish or otherwise disclose any Entry/Vote submitted in connection with this Contest.
WINNER DETERMINATION & ANNOUNCEMENT: The Finalist whose Entry receives the most eligible Votes during the Public Voting Phase will be deemed the potential Grand Prize winner. The Finalist Entry with the next highest number of eligible Votes will be deemed the potential First Prize winner. The Finalist Entry with the next highest number of eligible Votes will be deemed the potential Second Prize winner. In the event of a tie, the Sponsor will review the tied Finalist Entries based on the following criteria: a) Photo Caption response is authentic, inspiring and/or humorous as to how a loan through Prosper has helped you to stay on top of your finances (50%), b) Photo and Photo Caption originality/uniqueness (25%), c) Photo quality and ability to be expressive and inspirational (25%) to determine the winner. Any scores, Votes and potential winners are not final unless and until finally verified by Sponsor.
Winners may be announced by the Sponsor, along with the winner’s name, on the Contest Site for an indefinite period of time.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
Grand Prize: One (1) Grand Prize is available to be won of a credit equal to the amount necessary to pay off ONE active loan balance through Prosper of the winner as of December 10, 2017, up to a maximum total amount of $35,000. In no event shall the Grand Prize exceed $35,000. Minimum amount the winner will receive is $10,000. If the winner has more than one active loan through Prosper, the winner will determine to which active loan balance the winner wishes to have the Grand Prize applied. (If the winner fails to timely provide a selection Prosper shall apply the Grand Prize to the winner’s active loan balance through Prosper with the highest outstanding principal balance as at December 10, 2017.) The amount credited to the winner’s active loan will be equal to the amount necessary to pay off the winner’s active loan balance up to $35,000. By way of example only, in the event the balance is paid off on all active loans through Prosper or on one active loan through Prosper but the minimum of $10,000 is not exhausted, any remainder (up to $10,000) shall be sent to the winner’s bank account on record with Prosper or by check to their address on record with Prosper. In the event the balance is paid off on one active loan through Prosper over $10,000, but which is less than $35,000, any remainder (below $35,000) will NOT be awarded and will not be received as a credit, or otherwise. Any unused, unclaimed, un-awarded portion of the prize will not be awarded as cash, credit or otherwise.
The Maximum Grand Prize ARV is: $35,000.
First Prize: One (1) First Prize is available to be won of $5,000. Prize will be awarded in the form of a $5,000 credit to the winner’s active loan balance through Prosper. In no event shall the First Prize exceed $5,000. In the event the balance is paid off on all active loans through Prosper or on one active loan through Prosper but the minimum of $5,000 is not exhausted, any remainder shall be sent to the winner’s bank account on record with Prosper or by check to their address on record with Prosper.
The First Prize ARV is: $5,000.
Second Prize: One (1) Second Prize is available to be won of $2,500. Prize will be awarded in the form of a $2,500 credit to the winner’s active loan balance through Prosper. In no event shall the First Prize exceed $2,500. In the event the balance is paid off on all active loans through Prosper or on one active loan through Prosper but the minimum of $2,500 is not exhausted, any remainder shall be sent to the winner’s bank account on record with Prosper or by check to their address on record with Prosper.
The Second Prize ARV is: $2,500.
The total maximum ARV of all prizes to be awarded is: $42,500.
All decisions regarding accounts, loans, credits, remainder balances, and any other determination of issues relating to prize award are the sole and absolute determination of Sponsor, which are final and binding.
WINNER NOTIFICATION: On or about Tuesday, December 12, 2017 potential winners will be notified via email and/or phone, and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 Form and where allowable, a Publicity Release (collectively, “the Release”). The Release will require the Winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification, forfeiture of prize and an alternate winner may be selected. The prize package will be awarded within approximately 45 days after the winner is verified.
If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded to and in the name of winner’s parent or legal guardian who will be required to execute, sign, and return the Releases on minor’s behalf. Noncompliance will result in disqualification and an alternate winner may be selected. If Releases are returned as undeliverable or if the selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner may be selected pursuant to their score.
Non-winning Entrants will not be notified. If winner notification is returned, unclaimed, or otherwise undeliverable or if the selected potential winner cannot accept or receive the prize for any reason or is not in compliance with these Official Rules, this may result in disqualification and the next highest scoring Entry will be notified and will be deemed the winner, if qualified.
PRIZE CONDITIONS: All expenses related to the acceptance or use of the prize are the sole responsibility of a prize winner. Limit one (1) prize per person.
Prize is non-assignable and non-transferable. No substitution is permitted except at the sole discretion of the Sponsor in which case a prize of equal or greater value will be awarded. In no event will Sponsor be responsible for awarding more than the stated number of prizes, or the stated monetary values.
Winners are responsible for all federal, state, local, income and any other taxes associated with winning prize.
Any winner’s Entry and acceptance of a prize awarded constitutes permission for the Sponsor to use the winner’s name, image, photograph, likeness, statements, biographical information, voice and address (city and state) commercially or non-commercially, in all forms of media known or unknown, in perpetuity, worldwide, without notice or further compensation, except where prohibited
None of the information submitted by the Entrant will be treated as trade secrets, confidential information or as protected data under any obligation. No patent, copyright or other intellectual property rights or licenses are granted to any Contest components supplied by the Sponsor to the potential Entrants. Potential Entrants do not receive by way of or under the Contest any intellectual property or other rights in any copyrights, patents, trademarks, trade names, technology, trade secrets or know-how of either the Sponsor or any third party.
GENERAL: In the event any Entrant, voter or winner engages in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten, disparage or harass any other person or company related to the Contest or deemed by the Sponsor to be threatening, disparaging or damaging to the Sponsor (or its brands, goods/services), the Sponsor reserves the right to disqualify the Entrant, voter or winner and void any entries or Votes made by said person.
Incomplete, corrupted or untimely Entries or Votes; or any Entry/Votes generated by a script, macro or other automated means are void and will be disqualified. Sponsor and its agencies are not responsible for lost, incomplete, corrupted or untimely Entries/Votes, or for incomplete, lost, interrupted or unavailable network, server or other connections, miscommunications, computer or software malfunctions or telephone transmission problems or technical failures, garbled transmissions, damage to a user’s computer or device or other equipment (software or hardware) or other errors or malfunctions of any kind whether human, mechanical, electronic or otherwise. Proof of sending an entry will not be deemed to be proof of receipt by Sponsor or eligibility. Sponsor, Facebook, their affiliate companies, parents, subsidiaries, officers, directors and agents are not responsible for any incorrect or inaccurate information, including, without limitation, caused by Contest Site users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest. Sponsor assumes no responsibility for any loss, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries, nor for the failure to capture or collect any information.
If, for any reason, the Contest is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes beyond the control of Sponsor which impair the integrity, fairness or proper play of the Contest or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and determine winners from eligible non-suspect Entries received if feasible, fair and equitable.
By participating in the Contest, Entrant agrees to be bound by these Official Rules, including all eligibility requirements, and agrees to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification.
Sponsor is not responsible if the Contest cannot be implemented or prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism, or any other similar or dissimilar event.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS CONTEST SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND 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.
DISPUTES: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the 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. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see https://www.facebook.com/prosperloans or send a self-addressed, stamped envelope by December 12, 2017, to: The #MyProsperStory Photo Contest Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION: For a written confirmation of the winners (available after December 12, 2017), send a stamped, self-addressed envelope (no later than January 9, 2018), to: The #MyProsperStory Photo Contest Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: Prosper Marketplace, Inc., 221 Main Street, 3rd Floor, San Francisco, CA 94105
CONTEST ADMINISTRATOR: U.S. Sweepstakes & Fulfillment Co., 625 Panorama Trail, Suite 2100, Rochester, NY 14625. All decisions of the Sponsor and Contest Administrator regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects.
Important: This Contest is not in any manner sponsored, endorsed, administered by or associated with Facebook or WebBank.