EvolveMe™ Weekly Drawing Official Rules
- NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING.
- VOID WHERE PROHIBITED BY LAW.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH FORM A BINDING LEGAL CONTRACT. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR YOUR INDEMNIFICATION OF THE SPONSOR AND OTHER PARTIES, THE WAIVER OF THE RIGHTS TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL, AND A REQUIREMENT THAT MOST DISPUTES WILL BE SETTLED BY MANDATORY ARBITRATION.
- ELIGIBILITY: The EvolveMe Weekly Drawing (“Sweepstakes”) is open only to legal residents of one (1) of the fifty (50) United States or the District of Columbia, who are at least thirteen (13) years of age or older and no older than nineteen (19) years as of time/date of entry, and who are (or who become) eligible participants in the EvolveMe platform, where participants earn virtual points for completing activities. Eligible minors may participate in the Sweepstakes, so long as they have accumulated enough points in EvolveMe and have permission from their parent or legal guardian to participate. Eligible minors will need to show that they have permission from their parent or legal guardian to formally accept the prize if they are selected as a potential winner. For more details on the EvolveMe platform, activities, and points, visit https://evolveme.asa.org. Employees, officers and directors of American Student Assistance (“Sponsor”), DeVito Verdi, Inc., Alliants Limited, Realtime Media LLC (“Administrator”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively, the “Sweepstakes Parties”), their immediate family members and those living in the same household as such individuals (whether legally related or not) are not eligible to participate in the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and their respective spouses, and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply. By participating in the Sweepstakes, you (and a minor entrant’s parent or legal guardian on a minor’s behalf) unconditionally accept and agree to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules administration of the Sweepstakes, selection of the winners, and its exercise of discretion, which will be final, non-appealable, and binding in all respects. Each minor entrant’s parent or legal guardian agrees to be bound by these Official Rules both individually and on behalf of the minor entrant.
- TIMING: The Sweepstakes begins at 12:00 a.m. Eastern Time (“ET”) on September 30, 2023 and ends at 11:59 p.m. on December 31, 2023 (the “Promotion Period”). The Promotion Period is comprised of thirteen (13) weekly entry periods (each a “Weekly Entry Period”) and one (1) bonus cash prize drawing entry period (“Bonus Cash Prize Drawing Entry Period”), as set forth in the table below. The designated computer clock of the Sponsor is the official time-keeping device in the Sweepstakes.
Entry Period Begins at 12:00 a.m. ET (unless otherwise noted) on: Ends at 11:59 p.m. ET on: Approximate Drawing Date: 1 9/30/23 10/6/23 10/10/23* Due to Indigenous People's Day holiday 2 10/7/23 10/13/23 10/16/23 3 10/14/23 10/20/23 10/23/23 4 10/21/23 10/27/23 10/30/23 5 10/28/23 11/3/23 11/6/23 6 11/4/23 11/10/23 11/13/23 7 11/11/23 11/17/23 11/20/23 8 11/18/23 11/24/23 11/27/23 9 11/25/23 12/1/23 12/4/23 10 12/2/23 12/8/23 12/11/23 11 12/9/23 12/15/23 12/18/23 12 12/16/23 12/22/23 12/26/23* Due to Christmas holiday 13 12/23/23 12/31/23 1/2/24* Due to New Year holiday Bonus Cash Prize Drawing 9/30/23 12/31/23 1/2/24
- HOW TO ENTER: There is one (1) way to enter the EvolveMe Weekly Drawing:
For All Entries: An entry will give you one (1) entry into the applicable Weekly Entry Period drawing and one (1) entry into the Bonus Cash Prize Drawing at the end of the promotion. If you are selected as a Weekly Entry Prize winner, you will not be eligible for the Bonus Cash Prize Drawing. Non-winning entries will not carry over into subsequent Weekly Entry Period drawings. There is a limit of one (1) Weekly Entry Period prize or Bonus Cash Prize per person within a 12-month period. The Sweepstakes Parties are not responsible for technical, electronic, telephone, hardware, software or network, computer or data transmission errors, malfunctions, or difficulties of any kind, or for false, incorrect, changed, incomplete or illegible contact information.
LIMIT: You may exchange 1,000 points for one (1) Sweepstakes entry up to a maximum of two (2) entries per Weekly Entry Period. Attempts made by the same individual to earn more than the stated number of entries by using multiple or false contact information, accounts or otherwise may result in disqualification. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limit, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Those who do not follow all instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Entries submitted by those who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry for the domain associated with the submitted address, provided that person is eligible. Winners may be required to show proof of being the registered account holders. Registered account holder is defined as the person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses. In the event that a dispute regarding the identity of the individual who submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. All entrants submitting materials/content as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Sweepstakes Parties the right to use such materials, and the related images (including entrant’s name and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third-party liability or obligations.
- SWEEPSTAKES DRAWINGS: There will be sixty-six (66) potential winners selected in this Sweepstakes via random drawings on or about the dates set forth in the table above from among all eligible entries received in accordance with these Official Rules. There will be five (5) potential winners selected each Weekly Entry Period and one (1) potential winner selected for the Bonus Cash Prize Drawing at the end of the Bonus Cash Prize Entry Period. Non-winning entries will not carry over into subsequent Weekly Entry Period drawings. However, non-winning entries will be included in the final Bonus Cash Prize drawing. After each random drawing, before and/or after those selected are notified, American Student Assistance has the right to re-confirm each drawn individual’s eligibility, verify their account details, and review their EvolveMe on-site behavior before initiating subsequent outreach steps as a potential winner. If American Student Assistance identifies any suspicious account activity or duplicate accounts created by a drawn individual as part of this post-drawing review, American Student Assistance reserves the right to draw another winner, at random, and suspend or delete the suspicious accounts.
- ODDS: Odds of winning a Sweepstakes prize depend on the total number of eligible entries received during the applicable Weekly Entry Period (for Weekly Prizes) and during the entire Promotion Period (for the Bonus Cash Prize Drawing). If zero (0) entries are submitted for a given week, that week’s prize will go unawarded and no drawing will be conducted.
- WINNER NOTIFICATION/ CLAIMING OF PRIZES: The potential winners will be notified by the Administrator using the information provided during entry by email or telephone (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. The Sweepstakes Parties are not responsible for and shall not be liable for false, incorrect, changed, incomplete or illegible contact information or for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages. The Sweepstakes Parties are not responsible or liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify a potential winner (or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent). If you delete your EvolveMe account after exchanging points for an entry or entries and before the applicable Weekly Drawing date or Bonus Cash Prize Drawing date, you will forfeit your right to win, even if you are drawn at random. Notification is deemed to have occurred immediately upon sending of an email or placing of a phone call. If a potential winner does not formally accept their prize on the claim site—a link to which will be provided via email—by providing their parent or guardian’s information (if they are under 18 or a minor in their state of residence), within five (5) calendar days, if potential winner is ineligible, if any notification is returned undeliverable, or if a potential winner otherwise fails to fully comply with these Official Rules, potential winner will forfeit that prize and an alternate winner may be selected from among all remaining eligible entries. As part of the winner notification process, each potential winner (or parent/legal guardian on winner’s behalf) will be required to complete and submit a prize redemption form (“Redemption Form”), and a declaration of eligibility/release of liability/prize acceptance agreement (“Declaration”), within five (5) calendar days of date of notification, as a condition of receiving a prize. This process also requires each potential winner to provide evidence of government-issued identification, either for themselves—if of the age of majority in their state/jurisdiction—or for a parent or guardian—if under that age of majority. If any potential prize winner fails or refuses to sign and return the Redemption Form and/or the Declaration and/or provide valid identification within the required time period or if the Redemption Form and/or Declaration is returned as rejected, faulty, unclaimed or returned as undeliverable to potential winner, and/or the potential winner is otherwise noncompliant, the potential winner will be disqualified and an alternate will be selected, up to three (3) alternates, after which the applicable prize will remain un-awarded. If winner is a minor, winner’s parent/legal guardian will indicate on the Redemption Form and Declaration whether the prize should be issued to the minor winner or in the parent/guardian’s name. Potential winner becomes the “Winner” only after verification of eligibility by Sponsor.
Parents or legal guardians of any prize winner under the age of majority in their state/jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) will be required to also sign the Declaration in order for the prize winner to be qualified to receive his or her prize(s).
No more than the stated number of prizes will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
- PRIZES/PRIZE RESTRICTIONS: The prizes to be awarded in this Sweepstakes are:
ONE (1) BONUS CASH PRIZE DRAWING: $7,500 that may be used for any educational purpose toward winner’s postsecondary education or career path, made payable for the benefit of the winner, as determined in Sponsor’s sole discretion. Approximate Retail Value (“ARV”): $7,500.
SIXTY-FIVE (65) WEEKLY ENTRY PERIOD PRIZES (Five (5) per Weekly Entry Period): $5,000 that may be used for any educational purpose toward winner’s postsecondary education or career path, made payable for the benefit of the winner, as determined in Sponsor’s sole discretion. ARV: $5,000.
The total ARV of all of the prizes awarded in this Sweepstakes is $332,500.
Prizes are non-transferable, with no equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with the prize, the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes received, regardless of whether they, in whole or in part, are used. The value of any prize valued at $600 or more awarded to a winner will be reported for tax purposes as required by law. The winners will be required to provide Sponsor with a valid social security number before the prizes will be awarded, for tax reporting purposes. An IRS Form 1099 will be issued by Administrator in the name of winner or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian (unless parent/guardian completes the acceptance forms indicating that the check should be issued in the minor’s name), for the actual value of the prize received. Any unclaimed prize will be forfeited. Prizes, if legitimately claimed, will be awarded. The Sweepstakes Parties are not responsible for and will not replace any lost, mutilated, or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Sweepstakes Parties will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. The Sweepstakes Parties are not responsible for and winner will not receive the difference, if any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Limit of one (1) Weekly Entry Period Prize or Bonus Cash Prize Drawing per person. All prizes will be fulfilled approximately four (4) to six (6) weeks after the applicable winner has been confirmed.
- GENERAL: Subject to applicable law, each winner hereby expressly grants to the Sweepstakes Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her name, social handles, likeness (photographic or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Sweepstakes (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the prize(s) to the winner(s). All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning entrant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Sweepstakes Parties do not assume any responsibility for any disruption in the Sweepstakes, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, 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 (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
- CONDUCT: The Sweepstakes Parties are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The Sweepstakes Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Sweepstakes, or to be acting in any manner deemed by the Sweepstakes Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Sweepstakes Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
- WAIVERS AND DISCLAIMERS: The Sweepstakes Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Sweepstakes; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, social networking posts, or registrations, the announcement of the prizes, or in any other Sweepstakes-related materials; or (f) any injury or damage to entrants or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes. If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then the Sweepstakes Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. If terminated, the Sweepstakes Parties will award the prizes from among all non-suspect, eligible entries received for the Sweepstakes up to the time of such action.
- RELEASES: All entrants, as a condition of participation in this Sweepstakes, agree to release, discharge, indemnify and hold harmless the Sweepstakes Parties and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the Sweepstakes (including travel to/from any Sweepstakes activity), (ii) the receipt, ownership, use or misuse of the prize awarded, including any travel associated with any prize, (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) entrant’s registration material on any related website, or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize.
- GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, THESE OFFICIAL RULES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, 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; (C) 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 NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ 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 YOU.
FOR CALIFORNIA ENTRANTS: EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
- MANDATORY ARBITRATION PROVISION: The parties, including, where applicable, each entrant’s parent(s) and/or legal guardian(s), hereby agree to finally settle and resolve all disputes only through binding arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator.
This Arbitration Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards. If JAMS’ criteria are met by the nature of the dispute, the Entrant agrees that the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures. Judgment upon any arbitration award may be entered in any court of appropriate jurisdiction. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another arbitration administrator will do, to be selected by agreement of the parties.
Entrant may choose to have the arbitration conducted by video conference technology such as Zoom, or based on written submissions only. Otherwise, the location of the arbitration proceeding shall take place in the State of Massachusetts unless the arbitral rules allow the arbitration conducted by video conference technology such as zoom, in which case the parties agree to utilize such technology.
The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of Massachusetts. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- CLASS ACTION WAIVER: To fullest extent permitted by applicable law, the parties agree to bring any claim or dispute, whether in arbitration, or court in if permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable arbitral rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.
- ONE-YEAR TIME LIMIT TO RAISE DISPUTES OR CLAIMS: You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to the Sweepstakes, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.
- WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt by March 2, 2024, to: EvolveMe™ Weekly Drawing - Winners List Request, c/o Realtime Media, 1001 Conshohocken State Road, STE 2–100, West Conshohocken, PA 19428.
- SPONSOR: American Student Assistance, 33 Arch Street, #2100, Boston, MA 02110. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
- ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, STE 2–100,
West Conshohocken, PA 19428; https://www.rtm.com/; https://privacy.rtm.com/PrivacyPolicy.pdf.
Questions?: Please email firstname.lastname@example.org.