Stockpile Promotions Terms & Conditions
These Stockpile Promotions Terms & Conditions (“Terms”) apply to all promotions or other incentives offered by Stockpile (“Promotion(s)”) that reference or link to these Terms, along with any terms set forth for each Promotion on the applicable Promotion’s offer page on the Website, message in the Application, email, text or other means of notification (the “Promotion Terms”) (collectively, these Terms and the Promotion Terms are referred to as the “Promotion Rules”). Stockpile, Inc., a Delaware corporation, will serve as the sponsor (“Stockpile”) and the administrator of each Promotion.
Participation in any Promotion is deemed an acceptance of the Promotion Rules and Stockpile’s Terms of Service located atwww.stockpile.com/terms, which incorporate by reference Stockpile’s Privacy Policy located atwww.stockpile.com/privacy (the “Privacy Policy”) and any applicable Additional Terms (collectively, the “Terms of Service”) by the individual (each a “Participant”) taking the action specified in the Promotion Terms for the applicable Promotion. Capitalized terms not otherwise defined in these Terms have the meaning ascribed in the Terms of Service. All Promotion entries must comply with the Promotion Rules to be valid. Neither Green Dot Bank, Green Dot Corporation, nor Visa U.S.A. or any of their respective affiliates are responsible for promotions or other incentives offered by Stockpile.
1. Eligibility.
In addition to any eligibility requirements in the Promotion Terms, a Promotion is open only to legal residents of the United States and the District of Columbia (excluding Puerto Rico and all United States territories and possessions) and who are 18 years of age or older at the time of Promotion entry, unless otherwise specified in the Promotion Terms. Stockpile reserves the right to exclude any person from participating in a promotion. Promotions are not available to employees (and their immediate families or those living in the same household) of Stockpile and its affiliates, subsidiaries, or parent entities. A Participant who meets the eligibility requirements in the Promotion Rules must be a Primary User, as described in the Terms of Service.
The beginning and ending times of each Promotion (the “Promotion Period”) are posted on the applicable Promotion Terms. To be eligible for the Promotion, follow the instructions specified in the applicable Promotion Terms during the Promotion Period. Participants will be required to provide certain registration information in order to enter a Promotion. Each Promotion is a limited time offer for the specified Promotion Period. Entries submitted after the close of the Promotion Period will not be valid. Stockpile may, at its sole discretion, withdraw or change all or part of any Promotion at any time.
2. Entry.
You may enter a Promotion only via the Promotion entry method and/or taking the action specified in the Promotion Terms. All entries must be received by the time specified in the Promotion Terms but not later than 11:59 p.m., P.T., on the last day of the Promotion Period. Ineligible, incomplete and duplicate entries will be disqualified. Stockpile is not responsible for any inability of a potential entrant to successfully obtain the Promotion for any reason. Unless otherwise specifically stated in the Promotion Terms, each Participant may only enter a Promotion a maximum of one (1) time. Stockpile reserves the right, at its sole discretion, to declare any Promotion entry null and void and disqualify the applicable Participant where: (i) the Participant that attempts to enter a Promotion more than once, in violation of the Promotion Terms; (ii) the Promotion entry is incomplete, altered, irregular, submitted or generated using automated or illicit means; or (iii) the Promotion entry does not conform with or satisfy any or all of the conditions set out in the Promotion Rules, in each case as determined by Stockpile in its sole and absolute discretion.
3. Conduct of Participant in Promotion
By entering a Promotion, each Participant acknowledges and affirms that he or she has read and agrees to abide by the Promotion Rules. Stockpile reserves the right to disqualify any Participant acting in violation of the Promotion Rules.
4. Governing Law/Dispute Resolution
Promotions are governed by the laws of the United States and, by entering, each Participant hereby submits to the jurisdiction and venue of the federal, state and local courts located in Wilmington, Delaware. As a condition of entering a Promotion, each Participant agrees that: (a) under no circumstances will the Participant be entitled or permitted to obtain awards for, and the Participant expressly waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than actual, out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, and in no event shall attorney’s fees be recoverable by either party; and (b) any and all disputes, claims and causes of action arising out of or connected with any Promotion or any amounts provided under a Promotion shall be resolved pursuant to the dispute resolution and class action waiver provisions of Section X of the Terms of Service.
5. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
The Participant agrees that the provisions contained in the Terms of Use Section IX, Limitation of Liability; Section XIII, Indemnification; Section VI, Intellectual Property Rights; and Section X, Dispute Resolutions, Class Action Wavier, apply to all Promotions and Participant’s participation therein.
EACH PROMOTION IS PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, GUARANTEE OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO YOU AND THE PROMOTION RULES.
6. RELEASE OF LIABILITY
BY PARTICIPATING IN A PROMOTION, THE PARTICIPANT AGREES TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS STOCKPILE AND EACH OF THEIR RESPECTIVE AFFILIATED ENTITIES, AFFILIATES, SUBSIDIARIES, PARENT ENTITIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PRINCIPALS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”), FROM AND AGAINST ANY CLAIMS MADE BY ANY PARTICIPANT OR ANY OTHER THIRD PARTIES RELATED IN ANY WAY TO THE OPERATION OF THIS PROMOTION, AS WELL AS ANY OTHER CLAIMS, DAMAGES OR LIABILITY DUE TO ANY INJURIES, DAMAGES OR LOSSES (WHETHER ALLEGED, THREATENED, OR ACTUAL) TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN A PROMOTION OR ANY RELATED ACTIVITY. PARTICIPANT ASSUMES ALL LIABILITY FOR ANY INJURY OR DAMAGE CAUSED, OR CLAIMED TO BE CAUSED, BY PARTICIPATION IN A PROMOTION OR ACCEPTANCE, USE OR REDEMPTION OF ANY AMOUNTS PAID UNDER A PROMOTION.
7. Taxes
All federal, state and local tax liabilities and any applicable fees associated with accepting participation in each Promotion are the sole responsibility of each Participant. Stockpile may, in its sole discretion, withhold any and all federal, state and local tax liabilities and any applicable fees associated with participation in a Promotion.
8. Privacy
Each Participant hereby consents to Stockpile’s or its authorized agents’ collection, use, and disclosure of Participants’ personal information in the manner described in Stockpile’s Privacy Policy. Participants may be offered the optional opportunity to receive coupons, newsletters, informational materials, marketing communications, or other special promotions, or other offers from Stockpile and/or third-party service providers. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET.
9. Confidentiality
Participant agrees that any associated functionality or product information; any features or functions of the Stockpile Application or Website that are disclosed by Stockpile to Participant and are not publicly available including, without limitation, non-public or pre-release tools, products, environments or APIs and any associated documentation, and any and all data or information contained therein (“Stockpile Proprietary Elements”); and Participant’s participation in a Promotion constitute Stockpile’s Confidential Information, as defined in the Agreement. This “Confidentiality” section shall survive termination of these Terms and shall continue to apply to the Stockpile Proprietary Elements unless and until the Stockpile Proprietary Elements become generally available to the public without restriction and through no fault of Customer or any of its Affiliates, agents, consultants or employees.
10. Feedback
In addition to the terms of Section VI, Intellectual Property, of the Terms of Use, if, in connection with a Promotion, Participant provides feedback to Stockpile regarding the Application, Website or any products or services Participant uses in connection with the Promotion, Participant grants Stockpile an unlimited, irrevocable, perpetual, sublicensable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Participant.