NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Sponsored by TD Bank, N.A. (“Sponsor”), 70 East, Cherry Hill, NJ 08034.
1. Eligibility. The TD Bank "Customer Appreciation Day” Twitter Giveaway (the “Promotion”) is open only to legal residents of the United States who are located in a state where Sponsor has a retail banking location (as follows: Connecticut, Delaware, Florida, Main, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, Virginia, Washington, D.C.) who are 18 years of age or older at time of entry (must be at least age of majority in state of residence at the time of entry). Employees, officers, and directors of Sponsor, its parent, and each of their respective affiliates, subsidiaries, advertising/promotion agencies, and partners, and each of their immediate family members (parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouse) and/or those living in the same household (legally related or not) of each are not eligible to enter or win. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these rules (the “Official Rules”) and the decisions of Sponsor, including the interpretation of these Official Rules, which will be final and binding in all respects.
2. How to Enter. The Promotion will be offered through Sponsor’s TD Bank Twitter handle @tdbank_US, beginning on or about 9:00 a.m. ET on Thursday, July 25th 2019 and ending at 3:00 p.m. ET on Thursday, July 25th, 2019, or when Sponsor receives 50 entry responses, whichever is sooner (the “Promotion Period”). To enter, you must log into your Twitter account and tweet @TDBank_US tagging your favorite business in the comments. The business must have an active Twitter account and be tagged. A valid Twitter account is required for entry into the Promotion. (To create a Twitter account, go to https://twitter.com/signup, fill out the form, and click, "Sign up." Sign up is free. Twitter terms of service apply). Given the nature of this Promotion, the Promotion Period may be very brief. Limit one (1) entry per person. Sponsor reserves the right to disqualify inappropriate, off-color, defamatory, or harassing messages.
Only tweets complying with these rules submitted during the Promotion Period will be eligible for entry into the Contest. No other methods of entry will be accepted. All entries become the property of Sponsor and will not be returned. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Use of a false account will disqualify an entry. Sponsor is not responsible for entries not received due to inability to access the internet, service outage or delays, computer difficulties, mobile service interruption, and other technological problems.
Entries are subject to any applicable restrictions or eligibility requirements listed in these Official Rules and any terms or restrictions in the social media platform used for entry. Entries will be deemed to have been made by the authorized account holder of the Twitter account submitted at the time of entry and qualification. Multiple participants are not permitted to share the same Twitter account. Should multiple users of the same Twitter account enter the Contest and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said Twitter account at the time of entry will be considered the entrant. Proof of submission of an entry will not be deemed proof of receipt by the website administrator for online entries. When applicable, the website administrator's computer will be deemed the official time keeping device for the Promotion. Entries will be disqualified if found to be incomplete and/or if Sponsor determines, in its sole discretion, that multiple entries were submitted by the same entrant in violation of the Official Rules.
3. Prize(s) and Values. Fifty (50) winners will be determined and Fifty (50) prizes will be awarded in this Promotion. Each selected and verified winner will receive a TD Bank Gift Card valued at $20. Prize is non-transferable. No cash or prize substitution except at Sponsor’s sole discretion. Gift card may be subject to terms of use. Sponsor not responsible for lost, stolen, expired, or destroyed items. Prize details not specified here will be determined in Sponsor’s sole and absolute discretion. Limit 1 prize per person/household. Prize awarded “AS IS.” Winner responsible for any taxes on prize value. Odds of winning depend on the number and timing of eligible entries received within the Promotion Period.
4. Winner Selection / Prize Claiming. The first Fifty (50) Twitter messages received tagging a business with an active Twitter account will be selected as winners. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules are ineligible and will be disqualified. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor will have complete discretion over interpretation of the Official Rules, administration of the Promotion, and selection of winner. The potential winner(s) will be notified by a form of electronic message (tweet, post, direct message, etc.) in a reasonable time after the winners are selected. Notification is deemed to have occurred immediately upon placing the electronic message. Selected potential winner(s) will be required to respond (as directed) to the notification within forty-eight (48) hours of attempted notification. If the potential winner(s) do not respond or are unable to verify the information submitted with their entry, the entrant will automatically be disqualified and their prize, if any, will be forfeited and awarded to an alternate winner. Winners will be required to provide a full name and mailing address and phone number for prize delivery. Sponsor will direct message winner(s) through Twitter platform to obtain full name and mailing address and phone number, and prize will be mailed to the address winner provides to Sponsor. Prize claims are subject to verification and compliance with these Official Rules as determined in Sponsor’s sole discretion. Prize winner(s) will be required to complete, sign, and submit an affidavit of eligibility/liability release and (where legal) a publicity release (“Documents”) and return to Sponsor within fourteen (14) days of receipt of notification or else forfeit prize. If any potential winner is found to be ineligible or declines a prize for any reason prior to award, such person will be disqualified. Winner may be required to provide Sponsor with a valid social security number or tax ID number before the prize(s) will be awarded for tax reporting purposes. Winners are solely responsible for all federal, state and local taxes and all fees and costs associated with the prize. Non-compliance with Official Rules shall result in disqualification and award of the prize to an alternate winner. If legitimately claimed, all prizes will be awarded.
5. Publicity Release. To the full extent permitted by law, winner irrevocably grants Sponsor the right, license and permission to use his or her name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Promotion or in connection with any other Sponsor products, services, advertising and promotional materials, worldwide, in perpetuity, with no obligation, prior notice or approval, or consideration in addition to awarding of the prize to winner. By submitting an entry, entrants also grant the Sponsor a perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, perform and otherwise use and permit others to use anywhere, their entry materials in any manner, form, or format now known or hereinafter created, including on the internet, and for any purpose without further consent from or compensation to the entrant.
6. Tampering with Promotion. Promotion Entities are not responsible for actions of entrants in connection with the Promotion, including any entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, integrity or proper conduct of the Promotion. Persons found tampering with or interfering with the proper conduct of the Promotion, or whom Sponsor believes to be causing any malfunction, error, disruption or damage will be disqualified. Any attempt to cheat the Promotion, as determined at the sole and absolute discretion of the Sponsor will result in entrant’s immediate disqualification, and other possible consequences, including legal action and disqualification from /all existing and future promotions. ANYONE ATTEMPTING TO DEFRAUD SPONSOR OR TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION WILL BE DISQUALIFIED AND MAY BE SUBJECT TO LEGAL ACTION. SPONSOR RESERVES RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Promotion or awarding a prize by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war, interference with the Promotion by any party, or any federal, state or local law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, then Sponsor has the right to modify, suspend, or terminate the Promotion or the award of any prize. Without limiting the foregoing, Sponsor reserves the right, in its sole and absolute discretion to modify, suspend or terminate the Promotion for any reason if Sponsor determines that the Promotion cannot be administered in a fair, proper, secure, and lawful manner. If due to an error, more prizes are claimed than are intended to be awarded for any prize level, the intended prizes will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. In no event will more than the stated number of prizes be awarded.
8. Waiver / Disclaimers/ Release. In consideration of participation in the Promotion and a chance to win the prize, ENTRANTS HEREBY RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, ITS AFFILIATES, PROMOTION AGENCIES AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (“RELEASED PARTIES”) FROM AND AGAINST ALL CLAIMS, LIABILITY, COSTS, LOSSES, DAMAGES, INJURIES AND EXPENSES OF ANY KIND (INCLUDING ATTORNEY FEES AND LEGAL EXPENSES) ARISING OUT OF OR RELATED TO PARTICIPATION IN THE PROMOTION AND/OR RELATED TO THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE OR TRAVEL IN CONNECTION WITH A PRIZE AWARD. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THIS RELEASE, DISCHARGE AND HOLD HARMLESS AGREEMENT EXTENDS TO CLAIMS OF PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH RELATED TO OR ARISING FROM PARTICIPATION IN THE PROMOTION, AND CLAIMS OF VIOLATION OF PROPRIETARY RIGHTS OR RIGHTS OF PUBLICITY OR PRIVACY, WHETHER OR NOT CAUSED BY THE ALLEGED NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES. Sponsor is not responsible for any typographical, human or other error in the printing, offering, selection, operation, or announcement of any Promotion activity and/or prize. Except as prohibited by applicable law, each entrant irrevocably waives any right to trial by jury in any litigation directly or indirectly arising out of or in connection with this Promotion, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby. EACH ENTRANT FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND LIABILITY RESULTING OR ARISING FROM THE ENTRANT’S ACTS OR OMISSIONS IN CONNECTION WITH THE PROMOTION, INCLUDING ANY VIOLATION OF LAW OR THESE OFFICIAL RULES, OR ANY MISCONDUCT IN CONNECTION WITH THE USE OF A PRIZE. Releases and indemnities hereunder are intended to be as broad as the law allows and apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Entrants agree that the Released Parties shall have no responsibility or liability for discontinued prizes or delayed or canceled events; human error; incorrect or inaccurate transcription of registration and/or account information; late or misdelivered mail; any technical malfunctions of the telephone network, computer online system, computer equipment, software, or Internet service provider utilized by Sponsor or other Promotion Entities; interruption or inability to access any website of Sponsor or other Promotion Entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Promotion; any lost or delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties.
9. Entry Information. As a condition of entering, each entrant consents to the collection, use, and sharing of entrant’s personal information by and with Promotion Entities for purposes of administering the Promotion and to comply with applicable laws, regulations and rules. Any information provided to Sponsor may be used to communicate with entrant regarding the Promotion or included on a winner’s list. Sponsor reserves the right to use personal information collected in connection with this promotion in accordance with Sponsor’s privacy policy, located at:
http://tdbank.com/exc/pdf/privacy_shareinformation.pdf
https://www.tdbank.com/bank/privacy.html
10. Governing Law / Limitation of Liability. All issues concerning construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or Released Parties in connection with the Promotion will be governed by and construed in accordance with the laws of the state of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws, and all disputes will be resolved in the courts of New Jersey. If any provision of the Official Rules or the Documents is found invalid or otherwise unenforceable or illegal, all other provisions will remain in effect and be construed in accordance with their terms. Sponsor’s failure to enforce any term of Official Rules will not constitute a waiver. Entrants agree to waive any rights to claim ambiguity of these Official Rules. In the event of discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. In the event there is a discrepancy or inconsistency between the English language version and any translated version of these Official Rules, unless otherwise provided by law, the English language version shall prevail and govern.
ENTRANT AGREES THAT TO THE FULLEST EXTENT PERMITTED BY LAW: (1) ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) NO ENTRANT WILL 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 NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO MULTIPLIED OR ENHANCED DAMAGES; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE/EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW LIMITATION/EXCLUSION OF LIABILITY; SO THEABOVE MAY NOT APPLY TO YOU.
11. SOCIAL MEDIA PROMOTION: Although the Promotion may be featured on Twitter and/or other social media platforms, the Promotion is in no way sponsored, endorsed, administered by, or associated with Twitter and/or such other social media platforms and you agree that Twitter and all such other social media platforms are not liable in any way for any claims, damages, or losses associated with the Promotion and are included as Released Parties.
12. List of Winner(s)/Official Rules Requests. For a winners list or a copy of these Official Rules, send SASE to: TD Bank “Customer Appreciation Day” Twitter Contest [Winners List] [Official Rules], Attn: Marketing, Social Media, TD Bank, N.A., 12000 Horizon Way, Mount Laurel, NJ 08054, within 60 days of the Promotion Period. VT residents may omit return postage for Official Rules requests.
Sponsor: TD Bank, N.A., 1701 Route 70 East, Cherry Hill, NJ 08034