FETCH REWARDS, LLC – FETCH CARD SPIN & WIN (“PROMOTION”)

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE PROMOTION IS GOVERNED BY THESE OFFICIAL RULES. BY PARTICIPATING IN THE PROMOTION, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED HEREIN. VOID WHERE PROHIBITED. THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

Eligibility:

The Promotion is open to all residents of the United States of America, aged 18 or older. All employees of Fetch Rewards, LLC (“Sponsor”), its advertising and promotion agencies and each of their respective parent companies, divisions, affiliates, subsidiaries, or agents (collectively, “Sponsor Entities”) are not eligible. Sponsor reserves the right to verify eligibility qualifications of potential winners.

This Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

All Fetch account holders are eligible to participate in the promotion. Creating a Fetch account is free and can be completed in under five minutes through the Fetch app.

Promotion Periods:

The Promotion is ongoing until such time as Fetch provides notice of its discontinuation.

How To Enter:

During the Promotion Period, eligible entrants (“Entrant(s)”) can enter the Promotion through one of two methods: Card Usage, or Mail-In Entry.

• Card Usage: You will receive one (1) entry into the Promotion by using your Fetch Card to purchase goods or services. Card usage must otherwise qualify for rewards under your Fetch Card program terms to earn Promotion entries under this method (such that, fraudulent purchases or returned purchases do not qualify).
• Mail-In Entry: You may receive one (1) entry in this Promotion by sending a prepaid, postage- marked, and hand-addressed postcard with your complete name, the referral code associated with your Fetch account, mailing address, phone number and date of birth to: Fetch Rewards, LLC, Attn: Fetch Card Spin & Win, 1050 E. Washington Ave., 2nd Floor, Madison, WI 53703. To qualify using this method, you must have a Fetch Account, and the information associated with your Fetch account information must match the information you submit via mail.

Mail-in entries must contain all fields outlined above; entries that do not contain such fields are void and will not be eligible to win.

Fetch limits the amount of potential Promotion entries to eight (8) per day, irrespective of method of entry.

Individuals who do not follow all the instructions, provide all required information, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Multiple entrants are not permitted to share the same email address, Fetch account or Fetch Card. Any attempt by any entrant to use multiple/different email addresses, identities, registrations and logins, Fetch Accounts, or any other methods in an attempt to defraud the entry process or gain additional entries will void that Entrant’s entries and Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.

If a dispute arises regarding the identity of the Entrant, the authorized account holder of the corresponding account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person associated with the Fetch account.

Winners:

The Promotion will consist of a digital game by which Entrants may earn Fetch points. Points are awarded on a randomized basis, as reflected on an in-game wheel with associated Fetch point values displayed thereon. Each entry is reflected as a chance to cause the wheel to spin. The wheel will then stop at a fixed location, which then reflects the amount of points won by the Entrant. By participating, Entrants acknowledge that the amount of points awardable is entirely subject to Fetch discretion, and may be modified over time. Each Entrant will win some amount of Fetch points per spin.

Potential winners are subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification (emails, notification, or otherwise) or any prize is returned as undeliverable, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then the winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. Sponsor is not responsible for any change in Entrant’s email address, account information, or any other contact information.

Prizes:

Prizes consist of Fetch points earned as described above. Prize values may change over time. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. By participating in this Promotion, Entrants acknowledge that Fetch points have no fixed monetary value, and may only be used for redemption via the Fetch App, pursuant to those separate Fetch terms and conditions governing their use thereof.

Prize Conditions:

Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. Prize will be awarded only to Entrants within the United States of America. Winner will be solely responsible for all applicable Federal, State, and local taxes connected with receipt of prize, the use and enjoyment of prize, or any other connection with this Promotion unless otherwise required by law or unless this requirement is waived by the Sponsor in its sole discretion. The winner may be required to provide Sponsor with a valid social security number or tax identification number on form W-9 before the prize will be awarded for tax reporting purposes.

Release:

As a condition of participating, Entrants agree (and agree to confirm in writing), to the extent permitted by law: (a) to release Sponsor, its parent companies, subsidiaries and affiliated companies, advertising and promoting agencies, any other party associated with the development or administration of this Promotion, and all of the foregoing’s respective officers, directors, employees, representatives and agents (collectively, “Releasees”) from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith; (b) that under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court.

General Conditions:

Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion, or by any technical or human error which may occur in the processing of the entries. By participating in this Promotion, Entrants understand and agree (and agree to confirm in writing): (a) to abide to these Official Rules which are final and binding and the decisions of Sponsor with respect to all aspects of the Promotion, which are final, (b) to accept the prize as awarded, without substitution, and to release and hold harmless Releasees from and against any and all liability whatsoever, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damages, loss or destruction of property rights of publicity or privacy, defamation, or portrayal in a false light) in connection with this Promotion, or other errors in these terms and conditions; and (c) except where legally prohibited, by accepting the prize, winner agrees (and agrees to confirm in writing, if requested) to the use of his/her name, photograph, likeness, voice, image and biographical information and statements for advertising, trade, publicity and promotional purposes without additional compensation, in perpetuity, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval by the Sponsor and those acting under Sponsor’s authority.

Sponsor is not responsible for loss, damage, or claims resulting from the Promotion, including incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor reserves the right to disqualify any Entrant or winner who attempts to tamper with any aspect of the Promotion, or circumvent these Official Rules. Entrants may not enter with multiple email addresses nor may Entrants use any other device or artifice to register multiple times or as multiple Entrants. Any Entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Sponsor reserves the right to remedy any such action, disruption, or circumvention in a manner, determined solely by Sponsor that is fair and equitable to Entrants. Sponsor reserves the right, in its sole discretion, to void, modify, terminate or suspend this Promotion (or any portion thereof) should fraud or any unauthorized human intervention or other causes beyond the reasonable control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Promotion. In the event of cancellation, Sponsor reserves the right to award the prize from among all eligible, non-suspect entries received prior to cancellation. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Binding Arbitration:

Any controversy or claim arising out of or relating to this Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Wisconsin law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT’S 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 SET FORTH ABOVE, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.

Governing Law and Jurisdictions:

This Promotion and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Wisconsin. By entering, Entrants consent that any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, the jurisdiction and venue of the federal, state and local courts located in Dane County, Wisconsin

Entrant’s Personal Information:

Please see the privacy policy located at https://fetch.com/privacy-policy for details of Sponsor’s policy regarding the use of personal information collected in connection with this Promotion

Sponsor: Fetch Rewards, LLC, 1050 E. Washington Ave., 2nd Floor, Madison, WI 5370